Tertiary Education Quality and Standards Agency (Information) Guidelines 2013

Administered by Department of Education

Legislation au F2013L00760 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Tertiary Education Quality and Standards Agency

(Information) Guidelines 2013

 

 

Issued by the authority of the Chief Commissioner of the Tertiary Education Quality and Standards Agency (TEQSA)

 

 

Subject:   Tertiary Education Quality and Standards Agency

(Information) Guidelines 2013

 

 

Authority

 

Section 204 of the Tertiary Education Quality and Standards Agency Act 2011(the Act) allows TEQSA to make, by legislative instrument, Information Guidelines.

 

 

 

Purpose and Description of the provisions

 

The purpose of the instrument is to set out the Commonwealth authorities and the State or Territory authorities that the Tertiary Education Quality and Standards Agency (TEQSA) may disclose higher education information to under sections 189 and 194 of the Act.

Under section 189 TEQSA can disclose higher education information to the authorities listed in the Information Guidelines if:

 

  1. The information relates to an offence, or possible offence against the Act, the Act’s associated provisions or the Education Services for Overseas Students Act 2000;

 

b.     The information that relates to a contravention, or possible contravention, of:

  1.  the Act; or
  2. the Education Services for Overseas Students Act 2000; or
  3. the Higher Education Support Act 2003; or
  4. legislative instruments made under any of those Acts.

 

 

TEQSA can disclose higher education information to the authorities listed in the Information Guidelines under section 194 if TEQSA is satisfied that the disclosure is necessary to enable or assist the authority to perform or exercise any of the authority’s functions or powers.

Section 5 of the Information Guidelines states that TEQSA can share higher education information under sections 194 and 189 to the authorities listed in Schedule A.

 

Items 1-62 of Schedule A contain profession-specific Commonwealth, State or Territory authorities.

 

Items 63- 90 of Schedule A contain authorities with a broader public interest remit.

 

Consultation

 

Draft Information Guidelines and an accompanying consultation paper were published on TEQSA’s website (http://www.teqsa.gov.au/news-publications/current-consultations) on 1 March 2013. TEQSA asked for submissions on the Draft Information Guidelines with a closing date for responses of 28 March 2013. TEQSA received 11 responses and they fell into 4 broad categories:

 

  1. Comments on the authorities included in Schedule A of the Draft Information Guidelines or suggestions for bodies to be added to Schedule A, including suggestions for the inclusion of bodies that cannot be included in the Information Guidelines on the basis that they are not Commonwealth Authorities or State or Territory authorities within the meaning set out in the TEQSA Act.
  2. Questions asking whether TEQSA will advise higher education providers that information on them has been disclosed to bodies in Schedule A of the Draft Information Guidelines.
  3. Questions on how information that is commercial in confidence will be used and what confidentiality arrangements will apply to authorities in Schedule A.
  4. Questions on the type of information that may be disclosed.

 

In relation to the first category of responses TEQSA has included two additional authorities in Schedule A based on the submissions received; the Australian Charities and Not-for-profits Commission and the Professional Standards Board for Patents and Trade Mark Attorneys. Categories 2-4 of the submissions are beyond the scope of the instrument, but the responses will be taken into account when TEQSA is considering whether to disclose higher education information under the instrument.

 

TEQSA will comply with its legislative obligations when disclosing any higher education information. TEQSA has also published further information on how it treats requests to deal with information on a confidential basis in the documents collecting information, including TEQSA’s application forms and guides and TEQSA’s annual Provider Information Request.

 

 

Commencement

 

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and will commence on the day after registration on the Federal Register of Legislative Instruments.

 

 

 


Statement of Compatibility with Human Rights

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

 

Tertiary Education Quality and Standards Agency

(Information) Guidelines 2013

 

This Legislative 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 purpose of the instrument is to set out the Commonwealth authorities and the State or Territory authorities that the Tertiary Education Quality and Standards Agency (TEQSA) may disclose higher education information to under section 189 and 194 of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act).

 

Human rights implications

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this instrument has an effect on the provision of education services by higher education providers.

 

To the extent that the right to education is engaged, this right is promoted by the Legislative Instrument.

 

Conclusion

This Instrument is compatible with human rights because it advances the protection of human rights.

 

 

 

 

 

 

CAROL NICOLL

Chief Commissioner

Tertiary Education Quality and Standards Agency

 

Overview

The Tertiary Education Quality and Standards Agency (Information) Guidelines 2013 were enacted to provide clarity and direction on the disclosure of higher education information by the Tertiary Education Quality and Standards Agency (TEQSA) under sections 189 and 194 of the Tertiary Education Quality and Standards Agency Act 2011. This legislative instrument was introduced to ensure that TEQSA can appropriately share information with specified Commonwealth, State, and Territory authorities, particularly in cases where the information relates to potential offences or contraventions of specified Acts or legislative instruments. The guidelines aim to maintain the integrity of the higher education sector by facilitating the enforcement of relevant legislation. The guidelines were developed and issued by TEQSA under section 204 of the TEQSA Act and underwent a consultation process that included feedback from various stakeholders. The objective of the guidelines is to establish a framework for the disclosure of higher education information while upholding the principles of transparency and accountability.

Scope and Application

The Tertiary Education Quality and Standards Agency (Information) Guidelines 2013, issued under the authority of the Chief Commissioner of TEQSA, delineate the Commonwealth, state, and territory authorities to which TEQSA may disclose higher education information. This legislative instrument applies to the Tertiary Education Quality and Standards Agency, which has the responsibility to maintain and regulate the quality of higher education in Australia. The guidelines specify that TEQSA can disclose information in relation to potential or actual offences against the TEQSA Act, the Education Services for Overseas Students Act 2000, the Higher Education Support Act 2003, or any legislative instruments made under these Acts. The disclosure can occur either if it pertains to a contravention or potential contravention of these Acts, or if it is deemed necessary to enable or assist an authority in performing or exercising its functions or powers. The authorities eligible for receiving such information are detailed in Schedule A of the guidelines, which includes both profession-specific and broader public interest authorities. The guidelines were subject to consultation, with submissions received and considered, resulting in the inclusion of two additional authorities in Schedule A. The instrument is compatible with human rights as it promotes the right to education by ensuring the quality of education services provided by higher education providers.

Key Provisions

The Tertiary Education Quality and Standards Agency (Information) Guidelines 2013 (F2013L00760) detail the authorities to whom TEQSA can disclose higher education information under sections 189 and 194 of the Tertiary Education Quality and Standards Agency Act 2011 (the Act). According to section 5 of the Guidelines, TEQSA can share such information with the authorities listed in Schedule A. Items 1 to 62 of Schedule A identify specific profession-related Commonwealth, State, and Territory authorities, while items 63 to 90 list authorities with broader public interest mandates. The Guidelines permit the disclosure of information relating to offences or possible offences against the Act, the associated provisions, or the Education Services for Overseas Students Act 2000, as well as information relating to contraventions of these Acts or their legislative instruments. The Guidelines impose obligations on TEQSA to ensure that it only discloses higher education information when the conditions outlined in sections 189 and 194 of the Act are met. This means that TEQSA must first determine if the information pertains to an offence or contravention of the relevant legislation or if the disclosure is necessary for the authority to perform its functions. Furthermore, TEQSA must ensure that any information shared is handled in accordance with confidentiality arrangements, particularly when dealing with commercial or sensitive information. TEQSA also has an obligation to notify higher education providers when their information has been disclosed to authorities in Schedule A, in compliance with the Act. Breach of the Guidelines could lead to civil or criminal consequences, depending on the nature of the disclosure and the rights of the parties involved. While specific penalties are not detailed in the Guidelines, breaches of the Act or related legislation can result in substantial penalties, including fines and imprisonment. The Act provides that penalties for serious offences can reach up to significant monetary fines and imprisonment terms, reflecting the importance of maintaining the integrity of higher education information and ensuring compliance with legislative requirements. It is essential for TEQSA to adhere strictly to these Guidelines to avoid any legal ramifications and to maintain the trust and confidence of higher education providers and the public.

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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.