EXPLANATORY STATEMENT
Tertiary Education Quality and Standards Agency
(Information) Guidelines 2017 - Amendment No. 2 of 2021
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
Schedule A replaces the Schedule in the current instrument with a new Schedule. The Schedule made by this instrument is substantially the same with exception to the addition of the Department of Education South Australia. This addresses an oversight to ensure that each of the state and territory departments responsible for higher education in Australia are included in 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 on TEQSA’s website (https://www.teqsa.gov.au/consultation) in March 2020. TEQSA sought public 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. At that time TEQSA received only one submission in response to the consultation, which welcomed the proposed addition of the Office of the Training Advocate (SA). TEQSA has not published a consultation paper for the amendment to the Information Guidelines as the amendment is minor in nature and is a correction of an oversight. Given TEQSA consulted with the sector more broadly in March 2020 and received only one submission, public consultation was not necessary on this occasion.
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 – Amendment No. 2 of 2021
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.
Professor Peter Coaldrake Chief Commissioner |
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Professor Cliff Walsh Commissioner | | Professor Joan Cooper Commissioner | |
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Overview
The Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 – Amendment No. 2 of 2021 was enacted to address an oversight in the original guidelines, ensuring that all relevant state and territory departments responsible for higher education in Australia are included. The Tertiary Education Quality and Standards Agency (TEQSA) is the enacting body, authorised under section 204 of the Tertiary Education Quality and Standards Agency Act 2011 to create these guidelines by legislative instrument. The policy objective is to facilitate the disclosure of higher education information among relevant authorities, thereby improving the efficiency of information sharing and enabling higher education providers to concentrate on delivering high-quality education. The amendment specifically rectifies an oversight by including the Department of Education South Australia in the schedule of authorities. The instrument will commence on the day after its registration on the Federal Register of Legislation and is compatible with human rights, particularly the right to education, by enhancing the capacity to share information between agencies.
Scope and Application
The Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 - Amendment No. 2 of 2021 applies to the Tertiary Education Quality and Standards Agency (TEQSA), higher education providers, and relevant authorities within the Australian Commonwealth, states, and territories. The amendment is a minor correction, specifically addressing an oversight by including the Department of Education South Australia in the schedule of authorities to which TEQSA may disclose higher education information. This ensures that all state and territory departments responsible for higher education in Australia are encompassed within the guidelines. The amendment does not extend or restrict the application beyond this correction and will commence the day after registration on the Federal Register of Legislation. Given its minor nature and the prior broad consultation in March 2020, no further consultation was deemed necessary. The instrument is compatible with human rights, particularly the right to education, as it improves the efficiency of information sharing, allowing higher education providers to focus on delivering quality education.
Key Provisions
The Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 - Amendment No. 2 of 2021, issued under section 204 of the Tertiary Education Quality and Standards Agency Act 2011, primarily serves to update the list of authorities to whom TEQSA can disclose higher education information. Section 189 and 194 of the Act allow for such disclosures to Commonwealth and state/territory authorities, respectively. This amendment specifically rectifies an oversight by adding the Department of Education South Australia to the list, ensuring all state and territory departments responsible for higher education in Australia are included.
The Act imposes a requirement on TEQSA to adhere to these Guidelines when disclosing information about higher education providers. The Guidelines provide a framework for which entities can receive such information, ensuring that disclosures are made to the appropriate authorities to maintain the quality and standards of education across Australia. This requirement ensures that TEQSA operates within the legal boundaries set by the Act, facilitating the sharing of critical information while protecting the interests of higher education providers and students.
In terms of consequences for non-compliance, the Explanatory Statement does not specify any offences, penalties, or civil/criminal consequences for breaches of these Guidelines. However, it is implied that any failure to comply with the Act’s provisions could lead to legal challenges or other repercussions as stipulated under the primary legislation. Given the regulatory nature of the Act, breaches could potentially result in administrative actions, fines, or other sanctions as determined by the courts or relevant authorities.
The Guidelines also align with human rights principles, particularly the right to education outlined in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. By facilitating efficient information sharing, these Guidelines support higher education providers in delivering quality education, thereby promoting the right to education. The Statement of Compatibility with Human Rights confirms that the Legislative Instrument is compatible with the human rights and freedoms recognised in international instruments, advancing the protection of human rights through improved information sharing mechanisms.