Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 – Amendment No. 2 of 2022

Overview

The Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 (Amendment) No 2 of 2022 amends the existing guidelines that specify the authorities to which the Tertiary Education Quality and Standards Agency (TEQSA) can disclose information about higher education providers. Enacted under Section 204 of the Tertiary Education Quality and Standards Agency Act 2011, this amendment is a response to the Australian Transaction Reports and Analysis Centre (AUSTRAC) being inadvertently omitted from the original list and to recent changes in government departments. The objective of these amendments is to ensure that the list of authorities reflects the current organisational structure and maintains the integrity of information sharing between TEQSA and relevant authorities. This helps streamline the process and supports the provision of high-quality education by reducing the administrative burden on higher education providers.

Scope and Application

The Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 (Amendment) No 2 of 2022 amends the Information Guidelines 2017 to correct an error that inadvertently omitted AUSTRAC from the list of authorities to which TEQSA can disclose higher education information. The amendment restores AUSTRAC to the list, ensuring consistency with the 2016 version of the guidelines. Additionally, the amendment rectifies the list of authorities affected by recent machinery of government changes, specifically the splitting of functions between the Department of Education and the Department of Employment and Workplace Relations. The amendments list these two departments separately in the guidelines, thereby aligning with the current governmental structure. This amending instrument applies to the Commonwealth, affecting how TEQSA interacts with other government authorities regarding the disclosure of higher education information. It does not exclude any entities or conduct from its application but ensures that TEQSA’s disclosures are legally accurate and up-to-date with current governmental arrangements. The instrument is compatible with human rights, particularly the right to education, by improving the efficiency of information sharing and supporting the delivery of quality education services.

Key Provisions

The Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 (Information Guidelines 2017) sets out the Commonwealth, State and Territory authorities to which TEQSA may disclose higher education information under sections 189 and 194 of the Tertiary Education Quality and Standards Agency Act 2011 (the Act). The amending instrument, Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 (Amendment) No 2 of 2022, introduces two key changes to the Information Guidelines 2017. Firstly, it corrects an oversight by adding ‘AUSTRAC’ back into the list of authorities under Schedule A of the Information Guidelines 2017 (Item 9C). This addition rectifies a previous error where AUSTRAC was inadvertently omitted from the list in the 2017 version, despite being included in the 2016 version. Secondly, it updates the list to reflect recent changes in government machinery, specifically splitting the functions of the ‘Department of Education, Skills and Employment’ into the ‘Department of Education’ and the ‘Department of Employment and Workplace Relations’ (Item 41 and new Item 41A). These amendments ensure that the guidelines accurately reflect the current organisational structure and the relevant authorities for information disclosure. The amendments to the Information Guidelines 2017 impose specific obligations on TEQSA concerning the disclosure of higher education information. TEQSA is now authorised to disclose such information to AUSTRAC, correcting a previous omission. Additionally, TEQSA must update its disclosures to reflect the current governmental structure, ensuring that information is appropriately shared with the ‘Department of Education’ and the ‘Department of Employment and Workplace Relations’ rather than the now-defunct ‘Department of Education, Skills and Employment’. These obligations ensure that TEQSA remains compliant with the updated legislative requirements and can effectively collaborate with relevant authorities to maintain high standards in the tertiary education sector. There are no explicit offences, penalties, or civil/criminal consequences outlined in the amending instrument itself for non-compliance with the updated Information Guidelines 2017. However, the Act under which TEQSA operates, the Tertiary Education Quality and Standards Agency Act 2011, provides a framework for addressing non-compliance. Generally, TEQSA has the authority to take enforcement actions, including issuing compliance notices, imposing financial penalties, and recommending prosecution for serious breaches. The penalties for non-compliance can vary significantly depending on the nature and severity of the breach, but they can include fines and other sanctions as determined under the Act. It is important for TEQSA and higher education providers to adhere to these guidelines to avoid potential enforcement actions and to ensure the integrity of the higher education system.