Student Identifiers Amendment (Higher Education) Act 2020

Administered by Department of Education

Legislation au C2020A00019 In force Act

Legislation content

 

 

 

 

 

 

Student Identifiers Amendment (Higher Education) Act 2020

 

No. 19, 2020

 

 

 

 

 

An Act to amend the Student Identifiers Act 2014, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Main amendments

Student Identifiers Act 2014

Part 2—Contingent amendments

Division 1—First contingency

Student Identifiers Act 2014

Division 2—Second contingency

Student Identifiers Act 2014

 

 

Student Identifiers Amendment (Higher Education) Act 2020

No. 19, 2020

 

 

 

An Act to amend the Student Identifiers Act 2014, and for related purposes

[Assented to 6 March 2020]

The Parliament of Australia enacts:

1  Short title

  This Act is the Student Identifiers Amendment (Higher Education) Act 2020.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

6 March 2020

2.  Schedule 1, Part 1

The day after this Act receives the Royal Assent.

7 March 2020

3.  Schedule 1, Part 2, Division 1

The later of:

(a) immediately after the commencement of the provisions covered by table item 2; and

(b) immediately after the commencement of Schedule 1 to the Education Legislation Amendment (Tuition Protection and Other Measures) Act 2019.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

7 March 2020

(paragraph (a) applies)

4.  Schedule 1, Part 2, Division 2

The later of:

(a) immediately after the commencement of the provisions covered by table item 2; and

(b) immediately after the commencement of the Student Identifiers Amendment (Enhanced Student Permissions) Act 2020.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

26 May 2020

(paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Main amendments

Student Identifiers Act 2014

1  Title

After “student identifiers and”, insert “for”.

2  Section 3

After:

Generally, a registered training organisation must not issue a VET qualification or VET statement of attainment to an individual after 2014 unless the individual has a student identifier.

insert:

Generally, a registered higher education provider must not confer a regulated higher education award on an individual after 2022 unless the individual has been assigned a student identifier.

3  Section 3

Omit “organisation or body involved with vocational education and training”, substitute “organisation, body or person involved with vocational education and training or higher education”.

4  Subsection 4(1)

Insert:

authorised officer of the ESOS agency for a registered provider has the same meaning as in the Education Services for Overseas Students Act 2000.

Education Department means the Department administered by the Education Minister.

Education Minister means the Minister who administers the Tertiary Education Quality and Standards Agency Act 2011.

ESOS agency for a provider or registered provider has the same meaning as in the Education Services for Overseas Students Act 2000.

member of the staff of TEQSA has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.

registered higher education provider has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.

regulated higher education award has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.

TEQSA Commissioner means a Commissioner of the Tertiary Education Quality and Standards Agency.

Tertiary Admission Centre has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.

TPS Director means the person holding office as the TPS Director under the Education Services for Overseas Students Act 2000.

TPS officer has the same meaning as in the Education Services for Overseas Students Act 2000.

5  Section 8

Omit “organisation or body involved with vocational education and training”, substitute “organisation, body or person involved with vocational education and training or higher education”.

6  After paragraph 9(2)(b)

Insert:

 (ba) a registered higher education provider;

 (bb) a Tertiary Admission Centre;

7  Paragraph 11(1)(a)

Omit “a registered training organisation, VET admission body or other entity”, substitute “an entity”.

8  Subsection 11(1)

Omit “organisation, body or” (wherever occurring).

9  Subsection 11(2)

Omit “registered training organisation, VET admission body or other”.

10  After paragraph 12(2)(b)

Insert:

 (ba) the Secretary of, or an APS employee in, the Education Department; and

11  At the end of subsection 14(1)

Add:

 ; (e) a registered higher education provider;

 (f) a Tertiary Admission Centre authorised by the individual to make a request under this section;

 (g) the Secretary of the Education Department;

 (h) an APS employee in the Education Department;

 (i) a person who performs services for or on behalf of the Commonwealth in connection with the performance of functions, or the exercise of powers, under the Higher Education Support Act 2003 or any instrument made under that Act;

 (j) a TEQSA Commissioner;

 (k) the Chief Executive Officer of the Tertiary Education Quality and Standards Agency;

 (l) a member of the staff of TEQSA;

 (m) a person who performs services for or on behalf of the Commonwealth in connection with the performance of functions, or the exercise of powers, under the Tertiary Education Quality and Standards Agency Act 2011 or any instrument made under that Act;

 (n) the TPS Director;

 (o) an ESOS agency for a provider or registered provider;

 (p) a TPS officer;

 (q) an authorised officer of the ESOS agency for a registered provider.

12  At the end of section 18

Add:

 (3) The Registrar is authorised to use or disclose a student identifier of an individual if the use or disclosure is for the purposes of research:

 (a) that relates (directly or indirectly) to the provision of higher education; and

 (b) that meets the requirements specified in an instrument under subsection (4).

 (4) The Education Minister must, by legislative instrument, specify requirements for the purposes of paragraph (3)(b).

13  After section 18A

Insert:

18B  Collection, use or disclosure for purposes of higher education

 (1) A person referred to in subsection (2) is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary for the purposes of performing functions or exercising powers in relation to:

 (a) the Higher Education Support Act 2003; or

 (b) any instrument made under that Act.

 (2) The persons are the following:

 (a) the Secretary of the Education Department;

 (b) an APS employee in the Education Department;

 (c) a person who performs services for or on behalf of the Commonwealth in connection with the performance of functions, or the exercise of powers, under the Higher Education Support Act 2003 or any instrument made under that Act;

 (d) the Commissioner of Taxation.

 (3) A person referred to in subsection (4) is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary for the purposes of performing functions or exercising powers in relation to:

 (a) the Tertiary Education Quality and Standards Agency Act 2011; or

 (b) any instrument made under that Act.

 (4) The persons are the following:

 (a) a TEQSA Commissioner;

 (b) the Chief Executive Officer of the Tertiary Education Quality and Standards Agency;

 (c) a member of the staff of TEQSA;

 (d) a person who performs services for or on behalf of the Commonwealth in connection with the performance of functions, or the exercise of powers, under the Tertiary Education Quality and Standards Agency Act 2011 or any instrument made under that Act.

 (5) A registered higher education provider is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary in connection with the operation of:

 (a) the Higher Education Support Act 2003 or Tertiary Education Quality and Standards Agency Act 2011; or

 (b) any instrument made under that Act.

18C  Collection, use or disclosure for purposes of education services for overseas students

 (1) An entity referred to in subsection (2) is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary for the purposes of performing functions or exercising powers in relation to:

 (a) the Education Services for Overseas Students Act 2000; or

 (b) any instrument made under that Act.

 (2) The entities are the following:

 (a) the Secretary of the Department administered by the Minister administering the Education Services for Overseas Students Act 2000;

 (b) the TPS Director;

 (c) a TPS officer;

 (d) an ESOS agency for a provider or registered provider;

 (e) an authorised officer of the ESOS agency for a registered provider.

 (3) A registered higher education provider is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary in connection with the operation of:

 (a) the Education Services for Overseas Students Act 2000; or

 (b) any instrument made under that Act.

14  At the end of section 25

Add:

 (3) The use or disclosure by the Registrar of personal information about an individual is taken, for the purposes of the Privacy Act 1988, to be authorised by this Act if the use or disclosure is for the purposes of research:

 (a) that relates (directly or indirectly) to the provision of higher education; and

 (b) that meets the requirements specified in an instrument under subsection (4).

 (4) The Education Minister must, by legislative instrument, specify requirements for the purposes of paragraph (3)(b).

15  Section 30

After “staff from the Department”, insert “or the Education Department”.

16  Section 30

After “annually to the Commonwealth Minister”, insert “, the Education Minister”.

17  At the end of Subdivision A of Division 2 of Part 4

Add:

33A  Education Minister may give directions to the Registrar

 (1) The Education Minister may, by legislative instrument, give written directions to the Registrar about the performance of the Registrar’s functions in relation to higher education.

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

 (2) The Registrar must comply with a direction under subsection (1).

18  At the end of section 45

Add “or by the Secretary of the Education Department”.

19  Subsection 51(2)

After “copy of the report to the”, insert “Education Minister and the”.

20  Section 52

After:

Generally, a registered training organisation must not issue a VET qualification or VET statement of attainment to an individual after 2014 unless the individual has a student identifier.

insert:

Generally, a registered higher education provider must not confer a regulated higher education award on an individual after 2022 unless the individual has been assigned a student identifier. The Education Minister and the Registrar can give exemptions.

21  After section 53

Insert:

53A  Conferral of regulated higher education awards

 (1) A registered higher education provider must not confer a regulated higher education award on an individual unless the individual has been assigned a student identifier.

Exemptions given by Education Minister

 (2) Subsection (1) does not apply to a conferral specified in an instrument under subsection (3).

 (3) The Education Minister may, by legislative instrument, specify a conferral to which subsection (1) does not apply, by reference to one or more of the following:

 (a) the registered higher education provider doing the conferring;

 (b) the regulated higher education award being conferred;

 (c) the individual on whom the regulated higher education award is being conferred.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Exemptions given by Registrar

 (4) Subsection (1) does not apply in relation to an individual if a determination under subsection (6) is in force in relation to the individual.

 (5) An individual may request the Registrar to make a determination that subsection (1) does not apply in relation to the individual. The request must:

 (a) be made in a manner and form approved by the Registrar; and

 (b) include any information required by the Registrar.

 (6) If an individual makes a request under subsection (5), the Registrar must, by writing, make, or refuse to make, the determination requested.

 (7) The Registrar must, in making a decision on the request, have regard to the matters (if any) determined in an instrument under subsection (9).

 (8) The Registrar must give the person notice of the Registrar’s decision on the request. If the Registrar refuses to make the determination requested, the notice must include reasons for the refusal.

 (9) The Education Minister may, by legislative instrument, determine matters for the purposes of subsection (7).

 (10) An instrument under subsection (6) is not a legislative instrument.

 (11) If:

 (a) the Registrar assigns a student identifier to an individual; and

 (b) immediately before the assignment, a determination under subsection (6) is in force in relation to the individual;

then that determination is taken to be revoked immediately after the assignment.

 (12) The matters covered by subsections (3) and (9) may be included in the same instrument.

22  After subsection 57(2)

Insert:

 (2A) However, subsection (2) does not apply in relation to the making of particular regulations if the Education Minister:

 (a) is satisfied that the regulations are in respect of matters relating to higher education; and

 (b) recommends to the Governor‑General the making of the regulations.

23  Application provision

Section 53A of the Student Identifiers Act 2014, as inserted by this Part, applies in relation to the conferring of a regulated higher education award on an individual on or after 1 January 2023, whether the individual commenced the course of study leading to the award before, on or after that day.

Part 2—Contingent amendments

Division 1—First contingency

Student Identifiers Act 2014

24  Subsection 4(1)

Insert:

HELP Tuition Protection Director has the same meaning as in the Higher Education Support Act 2003.

VSL Tuition Protection Director has the same meaning as in the VET Student Loans Act 2016.

25  After paragraph 14(1)(n)

Insert:

 (na) the VSL Tuition Protection Director;

 (nb) the HELP Tuition Protection Director;

26  Section 18A

After “body”, insert “, the VSL Tuition Protection Director”.

27  After paragraph 18B(2)(b)

Insert:

 (ba) the HELP Tuition Protection Director;

Division 2—Second contingency

Student Identifiers Act 2014

28  Paragraph 29E(4)(a)

After “Department”, insert “or in the Education Department”.

29  At the end of paragraph 29E(4)(b)

Add “or in the Education Department”.

[Minister’s second reading speech made in—

House of Representatives on 4 December 2019

Senate on 24 February 2020]

(243/19)

 

Overview

The Student Identifiers Amendment (Higher Education) Act 2020 was enacted by the Parliament of Australia to address the need for a more streamlined and comprehensive system of student identifiers in the higher education sector. This Act amends the Student Identifiers Act 2014, extending the scope of student identifiers to include higher education, and establishing a unified system that applies to both vocational education and higher education. The primary objective of the Act is to ensure that student identifiers are used consistently across both sectors, thereby improving the accuracy and efficiency of student data management and regulatory compliance. The Act introduces several key amendments to the Student Identifiers Act 2014, such as expanding the definition of entities authorised to collect, use, or disclose student identifiers to include those involved in higher education. It also provides specific provisions for the collection, use, and disclosure of student identifiers for research purposes related to higher education and mandates that regulated higher education awards cannot be conferred without a student identifier post-2022. Furthermore, the Act allows for exemptions to this requirement by either the Education Minister or the Registrar, providing flexibility where necessary. The provisions of this Act aim to harmonise the student identifier system, ensuring it supports the evolving needs of the higher education landscape in Australia.

Scope and Application

The Student Identifiers Amendment (Higher Education) Act 2020 amends the Student Identifiers Act 2014 to extend the application of student identifiers to the higher education sector in Australia. This Act applies to registered higher education providers and individuals participating in higher education. It introduces a requirement for registered higher education providers to not confer a regulated higher education award on an individual unless they have been assigned a student identifier, effective from 2022. The Act also expands the scope of authorised persons and entities that can collect, use, or disclose student identifiers to include those involved in higher education, in addition to vocational education and training. Geographically, the Act applies at the Commonwealth level and affects entities and individuals participating in higher education across Australia. There are no stated exclusions, but exemptions and determinations can be made by the Education Minister or the Registrar under specific provisions of the Act. The Act may be further extended or restricted through subordinate instruments, such as legislative instruments and regulations, which can specify additional requirements or details for the implementation of the amended provisions.

Key Provisions

The Student Identifiers Amendment (Higher Education) Act 2020 (C2020A00019) amends the Student Identifiers Act 2014 (C2014A00056) to introduce provisions relating to the use of student identifiers in the higher education sector. The Act introduces new requirements and authorisations for the collection, use, and disclosure of student identifiers by certain entities in relation to higher education. Under the amended Student Identifiers Act 2014, a registered higher education provider must not confer a regulated higher education award on an individual unless that individual has been assigned a student identifier (section 53A(1)). The Education Minister and the Registrar can provide exemptions from this requirement (sections 53A(2) and (4)). The Education Minister can specify by legislative instrument the types of conferrals that are exempt from this requirement (section 53A(3)). An individual can request the Registrar to determine whether the requirement does not apply to them (section 53A(5)). The Registrar must then make or refuse to make the determination (section 53A(6)). The Registrar must notify the individual of their decision (section 53A(8)). The Act imposes obligations on registered higher education providers to ensure that they do not confer regulated higher education awards on individuals without student identifiers, except in circumstances where an exemption applies. The Act also imposes obligations on the Education Minister and the Registrar to manage exemptions from the student identifier requirement for higher education awards. The Act contains provisions that set out the circumstances in which certain entities are authorised to collect, use, or disclose a student identifier of an individual if the collection, use, or disclosure is reasonably necessary for the purposes of performing functions or exercising powers in relation to various Acts, including the Higher Education Support Act 2003 (C2003A00208), the Tertiary Education Quality and Standards Agency Act 2011 (C2011A00069), and the Education Services for Overseas Students Act 2000 (C2000A00354). These entities include the Secretary of the Education Department, an APS employee in the Education Department, a person who performs services for or on behalf of the Commonwealth in connection with the performance of functions or the exercise of powers under the Higher Education Support Act 2003 or any instrument made under that Act, and the Commissioner of Taxation, among others. The Act also provides that a registered higher education provider is authorised to collect, use, or disclose a student identifier of an individual if the collection, use, or disclosure is reasonably necessary in connection with the operation of the Higher Education Support Act 2003 or Tertiary Education Quality and Standards Agency Act 2011 or any instrument made under those Acts. The Act does not specify any criminal offences or penalties for breaches of its provisions. However, it is worth noting that the Student Identifiers Act 2014 provides that a person who contravenes a provision of that Act that requires or prohibits the collection, use, or disclosure of a student identifier is liable to a penalty of up to 200 penalty units ($33,000) for an individual and up to 1,000 penalty units ($165,000) for a body corporate (section 61). Additionally, the Act provides that the Education Minister may, by legislative instrument, specify requirements for the use or disclosure of personal information about an individual for the purposes of research that relates (directly or indirectly) to the provision of higher education (sections 18(3) and (4) and 25(3) and (4)). The Education Minister must, by legislative instrument, specify these requirements. Failure to comply with these requirements may result in civil or criminal consequences, depending on the specific provisions of the legislative instrument.

Legal classification tags

Area of Law
Education Law
Instrument
Act
Concepts
Commencement Provisions
Regulatory Standards
Licensing & Registration
Reporting & Disclosure Obligations
Prohibited Conduct
Delegated & Subordinate Legislation

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.