Notice of Revocation of Ministerial Direction No. 2 of 2013

Overview

The Notice of Revocation of Ministerial Direction No. 2 of 2013, issued by the Minister for Education, serves to revoke Ministerial Direction No. 2 of 2013, which had previously directed the Chief Executive Officer of the Tertiary Education and Quality Standards Agency (TEQSA) on various matters and outlined deregulatory initiatives aimed at enhancing the efficiency and timeliness of TEQSA’s core compliance activities. This revocation was enacted under the authority of subsection 155(1) of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) and subsection 33(3) of the Acts Interpretation Act 1901. The legislative instrument was issued to address the redundancy of the specified direction as the matters it covered are either outdated or have been incorporated into subsequent amendments to the TEQSA Act. The purpose of this revocation is to streamline and update the regulatory framework governing TEQSA, ensuring that the agency's operations remain efficient and aligned with current legislative requirements. The revocation is consistent 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, as it does not engage or diminish any human rights or freedoms. The instrument is compatible with human rights because it does not raise any human rights issues.

Scope and Application

The Notice of Revocation of Ministerial Direction No. 2 of 2013, issued by the Minister for Education, pertains specifically to the Tertiary Education and Quality Standards Agency (TEQSA), which is responsible for maintaining and improving the quality of Australia's tertiary education sector. This notice revokes the Ministerial Direction No. 2 of 2013 that previously instructed TEQSA's Chief Executive Officer to consult and seek advice on various matters, as well as to detail deregulatory initiatives aimed at enhancing the efficiency and timeliness of TEQSA's core compliance activities. As the matters addressed in the original direction are now outdated or have been incorporated into amendments to the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), the direction is no longer necessary. The revocation applies to TEQSA and the higher education sector, with no significant exclusions or thresholds specified, and it aligns with the human rights recognised in international instruments, ensuring no adverse impact on human rights.

Key Provisions

The primary sections of the Notice of Revocation of Ministerial Direction No. 2 of 2013 (the Instrument) are those that detail the revocation of Ministerial Direction No. 2 of 2013, which was made on 22 October 2013 (F2013L01824). Section 1 of the Instrument revokes this previous direction, which required the Chief Executive Officer of the Tertiary Education and Quality Standards Agency (TEQSA) to consult and seek advice on a range of matters and to detail deregulatory initiatives aimed at improving the efficiency and timeliness of TEQSA’s core compliance activities. The revocation is justified as the matters specified in the original direction are now either outdated or have been addressed through subsequent amendments to the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act). The Instrument imposes specific obligations on TEQSA by effectively nullifying the requirements set out in Ministerial Direction No. 2 of 2013. As of the commencement of this Instrument, TEQSA is no longer required to undertake the consultations and seek advice as previously directed. This change aligns with the current legislative framework, which has been updated to address the same issues that were the focus of the now-repealed direction. The Instrument also mandates that TEQSA ensure that all internal procedures and operations are adjusted accordingly to reflect the revocation of the Ministerial Direction. There are no specific offences or penalties outlined in the Instrument for non-compliance with the revocation of Ministerial Direction No. 2 of 2013. However, the failure to adhere to the current requirements of the TEQSA Act could result in regulatory consequences. The TEQSA Act itself contains provisions that may lead to enforcement actions, fines, or other sanctions if TEQSA does not comply with its statutory obligations. These potential consequences are separate from the Instrument itself but are relevant to the operational context in which TEQSA must now function. The Instrument explicitly states that it is compatible with human rights as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The revocation of the Ministerial Direction does not engage or diminish any of the human rights or freedoms protected under this legislation. This compatibility statement ensures that the changes made by the Instrument do not negatively impact the rights of individuals or entities subject to TEQSA’s oversight.