Tertiary Education Quality and Standards Agency (Information) Guidelines 2016

Administered by Department of Education

Legislation au F2016L00993 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Tertiary Education Quality and Standards Agency

(Information) Guidelines 2016

 

 

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

 

 

Subject:   Tertiary Education Quality and Standards Agency

(Information) Guidelines 2016

 

 

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 to which the Tertiary Education Quality and Standards Agency (TEQSA) may disclose higher education information 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 with the authorities listed in Schedule A.

Items 1-61 of Schedule A contain profession-specific Commonwealth, State or Territory authorities.

 

Items 62- 106 of Schedule A contain authorities with a broader public interest remit.

 

Consultation

 

The draft Tertiary Education Quality and Standards Agency (Information) Guidelines 2013 (2013 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 sought and received submissions on the draft 2013 Guidelines. These submissions have been summarised in the Explanatory Statement to the 2013 Guidelines along with TEQSA’s response to the issues that they raised.

 

In addition to the above, TEQSA has also taken into account ongoing feedback from government bodies to identify any new agencies or departments that should be added to the Tertiary Education Quality and Standards Agency (Information) Guidelines 2016.
 

Due to the above, TEQSA did not see a need to consult further on these guidelines.

 

Commencement

 

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

 

 

 


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 2016

 

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.

 

_______________________  

Professor Nicholas Saunders AO

Chief Commissioner

 

 

________________________ 

Emeritus Professor Cliff Walsh

Commissioner

 

 

 

 

 

 

 

________________________ 

Linley Martin

Commissioner

 

 

Tertiary Education Quality and Standards Agency

 

Overview

The Tertiary Education Quality and Standards Agency (Information) Guidelines 2016 were enacted to clarify the parameters under which the Tertiary Education Quality and Standards Agency (TEQSA) can disclose higher education information. Enacted under section 204 of the Tertiary Education Quality and Standards Agency Act 2011 by the TEQSA, these guidelines address the need to ensure that TEQSA can appropriately share information with relevant authorities to uphold the integrity and quality of tertiary education. The guidelines specify that information can be disclosed to certain authorities if it pertains to possible offences against the Act or related legislation, or if the disclosure is necessary for the authorities to perform their functions. The guidelines aim to facilitate cooperation between TEQSA and other agencies in maintaining educational standards while respecting privacy and legal constraints.

Scope and Application

The Tertiary Education Quality and Standards Agency (Information) Guidelines 2016 provide a framework for the disclosure of higher education information by TEQSA to specified authorities under sections 189 and 194 of the Tertiary Education Quality and Standards Agency Act 2011. These guidelines are applicable to Commonwealth, state, and territory authorities that are listed in Schedule A, which includes specific profession-related authorities and broader public interest authorities. The purpose of this legislation is to facilitate the disclosure of information relevant to potential offences, contraventions, or necessary disclosures to enable or assist authorities in performing their functions. This legislation extends its reach nationally, covering all jurisdictions within Australia, and is designed to ensure the integrity and quality of higher education services. The guidelines do not include any explicit exclusions, exemptions, or thresholds but rely on subordinate instruments to specify the detailed authorities to whom information can be disclosed. The guidelines were developed following consultation and feedback from various government bodies and are compatible with human rights as they promote the protection and quality of education services.

Key Provisions

The Tertiary Education Quality and Standards Agency (Information) Guidelines 2016, issued under section 204 of the Tertiary Education Quality and Standards Agency Act 2011, primarily aim to specify the Commonwealth and state or territory authorities to which TEQSA can disclose higher education information (section 1). According to sections 189 and 194 of the Act, TEQSA is permitted to disclose information if it relates to an offence or possible offence against the Act or its associated provisions, or if the disclosure is necessary to enable or assist the authority to perform or exercise any of its functions or powers. Specifically, section 5 of the Guidelines permits TEQSA to share higher education information with the authorities listed in Schedule A, which includes both profession-specific and broader public interest remit authorities. The obligations imposed by these Guidelines on TEQSA primarily revolve around the responsible disclosure of higher education information. TEQSA must ensure that any disclosure complies with the conditions set out in sections 189 and 194 of the Act. This means that TEQSA must carefully consider the necessity and appropriateness of each disclosure, ensuring that it is only done when it pertains to an offence, possible offence, or when necessary for the authority's functions or powers. Additionally, TEQSA must maintain the confidentiality and integrity of the disclosed information, adhering to the guidelines set forth in Schedule A. Regarding potential breaches, the Tertiary Education Quality and Standards Agency Act 2011 does not explicitly state specific offences, penalties, or consequences for breaches of these Guidelines. However, unauthorised disclosure of information could potentially lead to legal action under broader provisions of the Act or other relevant legislation. TEQSA is expected to handle information in a manner consistent with the Act's objectives and the Guidelines, and any misuse of information could result in disciplinary action, including potential fines or other legal repercussions. While the Guidelines themselves do not prescribe specific penalties, any breach of the Act or related legislation could attract the penalties outlined in those statutes.

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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.