EXPLANATORY STATEMENT
Tertiary Education Quality and Standards Agency
(Information) Guidelines 2017 (Amendment) No. 1 of 2020
Issued by the authority of the Tertiary Education Quality and Standards Agency (TEQSA)
Subject: Tertiary Education Quality and Standards Agency
(Information) Guidelines 2017
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
Item 1 replaces the Schedule in the current instrument with a new Schedule. The amendments made by this instrument are substantially the same save as to:
1.) Consolidate the tables;
2.) Update the names of Commonwealth, State and Territory authorities; and
3.) Add the Office of the Training Advocate (SA) to the Schedule.
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.
Consultation
TEQSA published draft Information Guidelines and an accompanying consultation paper published on TEQSA’s website (https://www.teqsa.gov.au/consultation) earlier in 2020. TEQSA asked for submissions on the Draft Information Guidelines within a month of the date on which the paper was published. TEQSA also referred to the consultation paper in its monthly electronic newsletter distributed to higher education providers, peak bodies and other stakeholders. TEQSA received only one submission in response to the consultation, which welcomed the proposed addition of the Office of the Training Advocate (SA).
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 2017
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 to which the Tertiary Education Quality and Standards Agency (TEQSA) may disclose higher education information 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, by improving the capacity to share information between agencies, thereby reducing the need for multiple collections of information and allowing higher education providers to focus on the delivery of high quality education.
Conclusion
This Instrument is compatible with human rights because it advances the protection of human rights.
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Professor Nicholas Saunders Chief Commissioner |
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Professor Peter Coaldrake Commissioner | | Professor Joan Cooper Commissioner | | Professor Cliff Walsh Commissioner |
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Overview
The Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 (Amendment) No. 1 of 2020 was introduced to update and refine the guidelines governing the disclosure of higher education information by the Tertiary Education Quality and Standards Agency (TEQSA). Enacted under Section 204 of the Tertiary Education Quality and Standards Agency Act 2011 by TEQSA, this legislative instrument aims to streamline and improve the process of sharing information among relevant authorities, ultimately enhancing the quality of education provided by higher education institutions. This amendment consolidates existing tables, updates the names of Commonwealth, State, and Territory authorities, and adds the Office of the Training Advocate (SA) to the list of entities eligible for information disclosure. The amendments were made following consultation with stakeholders, and the guidelines have been assessed to be compatible with human rights, particularly in promoting the right to education by facilitating more efficient information sharing.
Scope and Application
The Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 (Amendment) No. 1 of 2020 applies to the Tertiary Education Quality and Standards Agency (TEQSA) and higher education providers in Australia. This legislative instrument is made under section 204 of the Tertiary Education Quality and Standards Agency Act 2011, which empowers TEQSA to make guidelines concerning the disclosure of higher education information. These guidelines determine the specific Commonwealth, State, and Territory authorities to which TEQSA may disclose information related to higher education. The amended guidelines consolidate existing tables, update the names of relevant authorities, and include the Office of the Training Advocate (SA) in the Schedule, thereby extending the scope of authorities that can receive such information. The changes are intended to streamline the process of information sharing, thereby facilitating the delivery of high-quality education services. The instrument operates nationally across Australia, aligning with the jurisdiction of the TEQSA Act, which is a Commonwealth Act. The amendments do not introduce new exclusions, exemptions, or thresholds; rather, they refine the existing framework to ensure clarity and effectiveness in the disclosure of higher education information. The instrument is a legislative instrument for the purposes of the Legislation Act 2003 and will commence on the day after its registration on the Federal Register of Legislation.
Key Provisions
The main operative sections of the Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 (Amendment) No. 1 of 2020 involve consolidating the tables that detail the Commonwealth, State and Territory authorities with which TEQSA can share information (Item 1, Schedule). The updated Schedule now includes the names of relevant authorities and adds the Office of the Training Advocate (SA). These guidelines are designed to streamline the disclosure of higher education information by TEQSA under sections 189 and 194 of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act).
The obligations imposed by these guidelines require TEQSA to ensure that the disclosure of information to specified authorities is done in accordance with the updated Schedule. This includes maintaining updated and accurate records of the authorities to whom information can be disclosed, and ensuring that any changes to these authorities are reflected in the Schedule. Higher education providers must also be informed of these guidelines to ensure compliance with TEQSA’s requirements for sharing information.
Breaching these guidelines may lead to civil or criminal consequences, although specific penalties are not outlined in the explanatory statement. However, under the TEQSA Act, penalties for non-compliance can include fines and potential legal actions for improper disclosure of information. The Act also allows TEQSA to take measures to ensure compliance, which may include issuing directives, imposing financial penalties, or taking legal action against non-compliant entities. The maximum penalties for breaches of the TEQSA Act can be substantial, reflecting the importance of maintaining the integrity and quality of higher education in Australia.