Higher Education Standards Framework Amendment (Threshold Standards) Instrument 2026

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Tertiary Education Quality and Standards Agency Act 2011

Higher Education Standards Framework Amendment (Threshold Standards) Instrument 2026

AUTHORITY

Subsection 58(1) of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) provides that the Minister for Education (the Minister) may, by legislative instrument, make standards that comprise the Higher Education Standards Framework (the Framework). The Framework comprises of:

• the Threshold Standards, made under paragraph 58(1)(a) of the TEQSA Act; and
• other standards against which the quality of higher education can be assessed, made under paragraph 58(1)(b) of the TEQSA Act.

Prior to the commencement of the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Act 2026 (the ATEC Transitional Act), section 58 of the TEQSA Act required the Higher Education Standards Panel (the HESP), established under Part 9 of the TEQSA Act, to develop a draft of a standard. It also required the Minister to have regard to that draft, and any advice or recommendations given by the HESP, before the Minister made the standard.

Schedule 1 to the ATEC Transitional Act amended the TEQSA Act to wind up the HESP and, in section 58, to replace the HESP with the Australian Tertiary Education Commission (the ATEC).

The Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Rules 2026 (the ATEC Transitional Rules), which commenced immediately after the ATEC Transitional Act commenced, saves certain administrative processes undertaken by the HESP during the development of standards under section 58 of the TEQSA Act prior to the HESP’s winding up. The ATEC Transitional Rules enable the Minister to make those standards after the HESP has been wound up without those processes having to be repeated by the ATEC.

Section 58 of the TEQSA Act also requires the Minister to consult with additional specified individuals and entities in relation to a draft standard and specifies that the Minister must have regard to any advice or recommendations received from those other parties prior to making a standard.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. The amendments to the Higher Education Standards Framework (Threshold Standards) 2021 (the Principal Instrument) made by the Higher Education Standards Framework Amendment (Threshold Standards) Instrument 2026 (the Amendment Instrument) rely on this provision.

PURPOSE AND OPERATION

The first purpose of the Amendment Instrument is to amend the Principal Instrument to implement the Australian Government’s commitment to strengthen higher education regulation by introducing requirements for higher education providers to demonstrate a commitment to addressing racism. It gives effect to the Australian Government’s response to the Special Envoy’s Plan to Combat Antisemitism, as well as recommendations of the Australian Senate Inquiry into the Quality of governance at Australian higher education providers (Senate Inquiry), the Parliamentary Joint Committee on Human Rights Inquiry into Antisemitism at Australian universities and the Australian Senate Inquiry into a Commission of inquiry into Antisemitism at Australian Universities Bill 2024 (No. 2).

The Amendment Instrument amends the Principal Instrument to include requirements that higher education providers demonstrate an institution‑wide commitment to addressing racism. These amendments clarify expectations that higher education providers take comprehensive and systematic measures to prevent and respond to racism, including antisemitism, enabling the Tertiary Education Quality and Standards Agency (TEQSA) to monitor compliance and ensure higher education providers are meeting their obligations.

The Amendment Instrument amends the Principal Instrument to co-locate where possible obligations to prevent and respond to racism, recognising that addressing racism is best treated as a systemic institutional responsibility. The new requirements for higher education providers provide that they develop and maintain a safe and inclusive institutional environment that prevents and responds to racism (including its systemic, cultural and interpersonal forms) and maintain oversight of these arrangements.

As part of these changes, the Amendment Instrument also amends the Principal Instrument to ensure that higher education providers adopt at least four definitions of racism in developing and maintaining a safe and inclusive institutional environment. These definitions are racism in the main, and three specific definitions of racism towards Aboriginal and Torres Strait Island peoples, antisemitism, and Islamophobia. The Amendment Instrument also provides that where specific to a provider’s higher education operations, other additional definitions of racial discrimination or vilification be adopted.

The second purpose of the Amendment Instrument is to give effect to the Australian Government’s commitment to embed the Expert Council on University Governance’s University Governance Principles into the Principal Instrument, and implement recommendations of the Senate Inquiry, through additional transparency measures into the Principal Instrument. In doing so, it strengthens expectations in the Principal Instrument of governing body accountability, composition, inclusivity and culture, as well as academic body independence.  It also seeks to support institutional sustainability by embedding requirements for risk management and assurance frameworks, and transparency about purpose, performance and decision-making. The Amendment Instrument also sets expectations in the Principal Instrument of fair and transparent workforce and remuneration practices.

As part of these changes, the Amendment Instrument amends the Principal Instrument to require higher education providers registered as ‘Australian Universities’ in Part B of the Principal Instrument to undertake independent reviews of their governing body and academic governance processes at least every five years. Other providers will continue to be required to undertake these reviews every seven years.

All amendments apply across higher education providers, with certain requirements tailored according to higher education provider category to ensure proportionate operation.

In addition, the Amendment Instrument makes minor and technical amendments to the Principal Instrument to improve clarity and operation, including editorial changes, clarification of existing provisions, and minor amendments to definitions.

COMMENCEMENT

The Amendment Instrument will commence on the day after it is registered on the Federal Register of Legislation. However, the Amendment Instrument includes different timing for the application of the racism and governance amendments. This reflects appropriate transition times for higher education providers to consider new obligations and ensure compliance by the relevant application dates, including different governance amendments for different provider types.

Schedule 1 of the Amendment Instrument includes the racism amendments. These amendments will apply to all registered higher education providers from 1 January 2027.

Schedule 2 of the Amendment Instrument includes the governance amendments. These amendments will apply to:

• registered higher education providers specified in subsection 16-15(1) of the Higher Education Support Act 2003 who are also registered in the ‘Australian University’ category in Part B of the Framework from 1 January 2027, and
• other registered higher education providers from 1 July 2027.

CONSULTATION

The HESP released a public consultation paper in February 2026 and held targeted consultations seeking views from a broad range of stakeholders on potential racism and governance amendments to the Principal Instrument which informed the advice and draft standard the HESP provided to the Minister.

The Department of Education has consulted with state and territory senior officials with responsibility for higher education and skills, as well as the Australian Education Taskforce, and has undertaken targeted consultation with 13 other groups including:

• Government officials and sector representatives including the National Student Ombudsman, the University of Melbourne and the Jumbunna Institute for Indigenous Education and Research, University of Technology Sydney.
• Peak bodies including Universities Australia, the National Union of Students, the National Tertiary Education Union, the National Aboriginal and Torres Strait Islander Postgraduate Association and the Australasian Union of Jewish Students.
• Subject matter experts and advisers, including the Special Envoys to Combat Antisemitism and Islamophobia, the Government members of the Expert Council on University Governance, and the Race Discrimination Commissioner.

Stakeholders were supportive of the proposal to introduce a standalone standard addressing racism. They supported the overall policy intent, while raising different views on precise obligations.

Stakeholders were also supportive of the proposal to make governance amendments, while identifying opportunities to clarify language and reduce duplication.

The Minister has consulted with the state and territory Ministers responsible for higher education and TEQSA, consistent with section 58 of the TEQSA Act.

The Minister had regard to this consultation in drafting the Amendment Instrument.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Standards Framework Amendment (Threshold Standards) Instrument 2026

The Higher Education Standards Framework Amendment (Threshold Standards) Instrument 2026 (the Amendment Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The first purpose of the Amendment Instrument is to amend the Higher Education Standards Framework (Threshold Standards) 2021 (the Principal Instrument) to implement the Australian Government’s commitment to strengthen higher education regulation by introducing requirements for higher education providers to demonstrate a commitment to addressing racism. It gives effect to the Australian Government’s response to the Special Envoy’s Plan to Combat Antisemitism, as well as recommendations of the Australian Senate Inquiry into the Quality of governance at Australian higher education providers (Senate Inquiry), the Parliamentary Joint Committee on Human Rights Inquiry into Antisemitism at Australian universities and the Australian Senate Inquiry into a Commission of inquiry into Antisemitism at Australian Universities Bill 2024 (No. 2).

The Amendment Instrument amends the Principal Instrument to include requirements that higher education providers demonstrate an institution‑wide commitment to addressing racism. These amendments clarify expectations that higher education providers take comprehensive and systematic measures to prevent and respond to racism, including antisemitism, enabling the Tertiary Education Quality and Standards Agency (TEQSA) to monitor compliance and ensure higher education providers are meeting their obligations.

The Amendment Instrument amends the Principal Instrument to co-locate where possible obligations to prevent and respond to racism, recognising that addressing racism is best treated as a systemic institutional responsibility. The new requirements for higher education providers provide that they develop and maintain a safe and inclusive institutional environment that prevents and responds to racism (including its systemic, cultural and interpersonal forms) and maintain oversight of these arrangements.

As part of these changes, the Amendment Instrument also amends the Principal Instrument to ensure that higher education providers adopt at least four definitions of racism in developing and maintaining a safe and inclusive institutional environment. These definitions are racism in the main, and three specific definitions of racism towards Aboriginal and Torres Strait Island peoples, antisemitism, and Islamophobia. The Amendment Instrument also provides that where specific to a provider’s higher education operations, other additional definitions of racial discrimination or vilification be adopted.

The second purpose of the Amendment Instrument is to give effect to the Australian Government’s commitment to embed the Expert Council on University Governance’s University Governance Principles into the Principal Instrument, and implement recommendations of the Senate Inquiry, through additional transparency measures into the Principal Instrument. In doing so, it strengthens expectations in the Principal Instrument of governing body accountability, composition, inclusivity and culture, as well as academic body independence.  It also seeks to support institutional sustainability by embedding requirements for risk management and assurance frameworks, and transparency about purpose, performance and decision-making. The Amendment Instrument also sets expectations in the Principal Instrument of fair and transparent workforce and remuneration practices.

As part of these changes, the Amendment Instrument amends the Principal Instrument to require higher education providers registered as ‘Australian Universities’ in Part B of the Principal Instrument to undertake independent reviews of their governing body and academic governance processes at least every five years. Other providers will continue to be required to undertake these reviews every seven years.

All amendments apply across higher education providers, with certain requirements tailored according to higher education provider category to ensure proportionate operation.

In addition, the Amendment Instrument makes minor and technical amendments to the Principal Instrument to improve clarity and operation, including editorial changes, clarification of existing provisions, and minor amendments to definitions.

Human rights implications

The Amendment Instrument engages the right to education, the right to equality and non‑discrimination, and the right to work.

Right to Education

The right to education is contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This right includes the availability of, and access to, quality education. The Amendment Instrument promotes the right to education by strengthening the regulatory framework that underpins the quality and integrity of Australia’s higher education system. In particular, the amendments relating to governance arrangements support improved institutional oversight, decision‑making and accountability, which contribute to the delivery of high‑quality education outcomes.

Right to Equality and Non-Discrimination

The right to equality and non‑discrimination is contained in Articles 2 and 26 of the International Covenant on Civil and Political Rights (ICCPR) and Article 2(2) of the ICESCR. These provisions prohibit discrimination on various grounds, including race. The Amendment Instrument promotes this right by introducing requirements that higher education providers demonstrate an institution‑wide commitment to preventing and responding to racism.

These amendments require higher education providers to take active and systematic steps to address racism within their communities, including through governance, institutional policies and practices, and complaints handling processes. The amendments are intended to support safer and more inclusive learning and working environments and to ensure that students and staff are protected from discrimination, harassment, victimisation and violence. Strengthening regulatory expectations in this area supports TEQSA in monitoring compliance and taking action where providers do not meet minimum standards.

Right to Work

The Amendment Instrument also engages and promotes the right to work contained in Article 6 of the ICESCR. This right includes the opportunity for individuals to gain their living by work freely chosen or accepted, and is supported by fair, safe and inclusive working environments. The Amendment Instrument promotes this right by strengthening requirements relating to staff participation, safety and inclusion within higher education providers.

In particular, the amendments include requirements that staffing policies, including recruitment, retention, promotion, and training and development, are inclusive and support diversity. The amendments also promote staff participation in institutional planning, review and decision‑making, including through opportunities to participate in academic governance and ensuring that decision‑making reflects diverse staff perspectives. Further, the amendments strengthen requirements relating to complaints handling and appeals processes to ensure they are accessible, inclusive and informed by the experiences of those affected by discrimination, harassment, victimisation or violence, and support guidance to staff on actions that enhance safety and security.

These measures are intended to support safe, inclusive and accountable working environments within higher education providers. The Amendment Instrument is not directed at limiting access to employment or imposing restrictions on the right to work.

The Amendment Instrument does not limit any human rights. To the extent that it engages human rights, it does so in a manner that is reasonable, necessary and proportionate to achieving the legitimate objective of maintaining the quality, integrity and accountability of Australia’s higher education system and promoting safe and inclusive environments free from racism.

Conclusion

The Amendment Instrument is compatible with human rights as it promotes the right to education, the right to equality and non‑discrimination and the right to work and does not limit any human rights.

HIGHER EDUCATION STANDARDS FRAMEWORK AMENDMENT (THRESHOLD STANDARDS) INSTRUMENT 2026

EXPLANATION OF PROVISIONS

Section 1: Name

1.       This is a formal provision specifying the name of the instrument.

Section 2: Commencement

1.       This section provides that the Higher Education Standards Framework Amendment (Threshold Standards) Instrument 2026 (the Amendment Instrument) commences on the day after it is registered on the Federal Register of Legislation.

Section 3: Authority

1.       This section provides that the Amendment Instrument is made under subsection 58(1) of the Tertiary Education Quality and Standards Agency Act 2011.

Section 4: Schedules

1.       This section provides that each instrument that is specified in a Schedule to the Amendment Instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Amendment Instrument has effect according to its terms.

Schedule 1 – Amendments related to racism

Higher Education Standards Framework (Threshold Standards) 2021

Items 1 to 5: Provisions relating to racism

1.       Items 1 to 5 amend existing threshold standards in the Higher Education Standards Framework (Threshold Standards) 2021 (Principal Instrument) and insert new provisions relating to racism, including new provision 6.4, to strengthen the Threshold Standards by introducing requirements for higher education providers to prevent and respond to racism by developing and maintaining a safe and inclusive institutional environment for staff, students and visitors. The amendment to insert new provision 6.4 provides a non-exhaustive list of requirements that higher education providers must meet to satisfy this provision.

Schedule 2 – Amendments related to governance

1.       Some structural changes have been made by Schedule 2 to the provisions throughout the Principal Instrument to co-locate related existing threshold standards with new relevant threshold standards.

Items 1 to 9: Provisions relating to governance

1.       Items 1 to 9 amend existing threshold standards and insert new provisions to strengthen governance arrangements across higher education providers by enhancing accountability, transparency, diversity of perspectives, risk management and stakeholder engagement, and reinforce public confidence and trust in their stewardship and public purpose.
2.       Some structural changes have also been made to the Principal Instrument in items 1 to 9 to co-locate existing threshold standards with new relevant threshold standards.

Item 10: New provisions relating to governance

1.       Item 10 inserts new provisions relating to corporate governance.
2.       New provision 6.5 sets requirements relating to ‘Governance structures and accountabilities’.
3.       New provision 6.6 establishes standards requiring the governing bodies of higher education providers to include a diversity of perspectives.
4.       New provision 6.7 establishes requirements relating to the independence of the governing bodies of higher education providers.
5.       New provision 6.8 establishes new provision relating to transparency for higher education providers.
6.   New provision 6.9 sets requirements for higher education providers to operate lawfully, ethically and responsibly.

Item 11: Governance and accountability

1.   Item 11 inserts, in the appropriate position, a new provision 6.11 relating to risk management, and a new provision 6.12, which sets requirements on the governing bodies of particular higher education providers relating to remuneration, including Vice-Chancellor remuneration and requiring the governing body to ensure that the provider maintains a workforce and remuneration strategy.

Item 12: Information management

1.   Item 12 replaces the existing provision 7.3(1) with a new provision 7.3(1) which includes additional governance requirements related to information on higher education provider’s governing body membership and the number of employees.

Item 13: Criteria for higher education provider categories

1.   Item 13 inserts “unless otherwise specified” into the first paragraph in Part B immediately under heading “B1 Criteria for Higher Education provider Categories”. This is a technical amendment required to reflect that some changes being made in the Amendment Instrument do not apply to all higher education providers.

Schedule 3 – Other amendments

Item 1: After section 6

1.   Item 1 inserts new sections 7 and 8 after section 6 in the Principal Instrument, to provide for new saving and application provisions.
2.   Subsection 7(1) sets out that, despite the amendments made by Schedule 1 of the Amendment Instrument, the provisions that exist in the Principal Instrument that are amended by Schedule 1 continue to apply, until 1 January 2027, as if the amendments made by Schedule 1 had not been made.
3.   Subsection 7(2) sets out that, despite the amendments made by Schedule 2 of the Amendment Instrument, the provisions that exist in the Principal instrument that are amended by Schedule 2 continue to apply, until the relevant dates specified in subsection 8(2), as if the amendments made by Schedule 2 had not been made, but taking into account any amendments made by Schedule 1.
4.   Section 8 is an application provision which explains when the provisions of each schedule apply to different types of higher education providers.
5.   Subsection 8(1) provides that amendments relating to requirements for higher education providers to demonstrate an institution‑wide commitment to preventing and responding to racism apply from 1 January 2027 for all providers.
6.   Subsection 8(2) provides that amendments relating to governance requirements apply as follows:
   1.       on 1 January 2027 for higher education providers specified in subsection 16-15(1) of the Higher Education Support Act 2003 (referred to as Table A providers), and who are registered in the ‘Australian University’ category in Part B of the Higher Education Standards Framework.
   2.       on 1 July 2027 for all other higher education providers.
7.   The staged application of governance requirements recognises differences in provider size, structure and regulatory burden, and allows sufficient time for implementation of the strengthened governance and transparency obligations.

Item 2: Definitions

1.   Item 2 repeals the existing definition of “Higher education qualification”, and substitutes a new definition to amend the order of qualifications in Table 1. This is a technical amendment that does not change the meaning of the definition.