Tertiary Education Quality and Standards Agency (Charges) Amendment Act 2021

Overview

The Tertiary Education Quality and Standards Agency (Charges) Amendment Act 2021 was enacted by the Parliament of Australia to make amendments to the Tertiary Education Quality and Standards Agency (Charges) Act 2021. This legislative amendment was introduced to address the need to clarify the calculation of charges levied by the Tertiary Education Quality and Standards Agency (TEQSA). The Act aims to ensure that the agency appropriately considers costs that may be offset by fees in the context of charge determinations, thereby promoting a more precise and fair application of the relevant financial provisions within the educational framework. The Act came into effect on 1 January 2022, contingent upon the prior commencement of both the Tertiary Education Quality and Standards Agency (Charges) Act 2021 and the Education Services for Overseas Students (Registration Charges) Amendment Act 2021.

Scope and Application

The Tertiary Education Quality and Standards Agency (Charges) Amendment Act 2021 amends the Tertiary Education Quality and Standards Agency (Charges) Act 2021, primarily focusing on the financial aspects of tertiary education regulation. This Act applies to the Tertiary Education Quality and Standards Agency (TEQSA), the entity responsible for maintaining and assuring the quality of Australia’s higher education system. It is designed to affect how TEQSA charges for its services, particularly in relation to offsetting costs by fees determined under the Tertiary Education Quality and Standards Agency Act 2011. The amendment repeals a specific subsection to clarify the disregard of certain costs that are likely to be offset by fees, thereby ensuring a more precise application of financial regulations within the tertiary education sector. The Act operates on a national level, aligning with the federal jurisdiction of TEQSA. The amendment comes into effect on 1 January 2022, contingent upon the simultaneous commencement of the Tertiary Education Quality and Standards Agency (Charges) Act 2021 and the Education Services for Overseas Students (Registration Charges) Amendment Act 2021.

Key Provisions

The Tertiary Education Quality and Standards Agency (Charges) Amendment Act 2021 introduces modifications to the Tertiary Education Quality and Standards Agency (Charges) Act 2021. The key amendment is found in Schedule 1, specifically in the alteration of Subsection 7(4). The previous provision, which allowed for certain costs to be considered in determining fees, is repealed and replaced. The new Subsection 7(4) states that for the purposes of Subsection 7(3), any costs that are likely to be offset by fees determined by TEQSA under section 158 of the Tertiary Education Quality and Standards Agency Act 2011 must be disregarded. The Act imposes several obligations and requirements on parties governed by it. These include ensuring that any costs which could be offset by fees under section 158 of the Tertiary Education Quality and Standards Agency Act 2011 are not considered in the fee determination process. This change aims to provide a clearer framework for fee calculation, ensuring that only direct costs are accounted for. The Act also mandates that institutions must comply with the updated provisions from the effective date, which is the later of 1 January 2022 or the commencement of the Education Services for Overseas Students (Registration Charges) Amendment Act 2021, provided both events occur. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Act for non-compliance with the amended provisions. However, failure to adhere to the updated requirements could potentially result in legal challenges or disputes regarding the accuracy and fairness of fee determinations. Institutions found to be in breach of the amended provisions may face scrutiny from TEQSA, which could lead to investigations or other regulatory actions. It is important for institutions to ensure compliance to avoid any potential repercussions.