Tertiary Education Quality and Standards Agency (Register) Guidelines 2012

Administered by Department of Industry, Science and Resources

Legislation au F2012L01889 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Tertiary Education Quality and Standards Agency (Register) Guidelines 2012

 

 

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

 

 

Subject:   Tertiary Education Quality and Standards Agency Act 2011

Tertiary Education Quality and Standards Agency (Register) Guidelines 2012

 

 

Authority

 

Section 204 of the Tertiary Education Quality and Standards Agency Act 2011 (the Act) allows TEQSA to make, by legislative instrument, Register Guidelines that set out the information that TEQSA must include on the National Register of Higher Education Providers (National Register). Subsection 204(b) gives TEQSA the authority to include matters necessary or convenient for maintaining and establishing the National Register in the Register Guidelines.

 

Purpose and operation

 

Subsection 198(1) of the TEQSA Act requires TEQSA to establish and maintain a register of higher education providers, known as the National Register of Higher Education Providers (National Register). The purpose of the instrument is to set out the information that TEQSA must enter on the National Register in respect of each registered higher education provider.

 

Under subsection 198(4) of the Act, TEQSA may enter details on the National Register that are not contained in the Register Guidelines. The details this instrument requires TEQSA to include on the National Register are details TEQSA has already included on the Register under subsection 198(4) of the Act.  This instrument has been made to give certainty to providers, students and other stakeholders in relation to the details TEQSA must place on the National Register.

 

Paragraph 198(1)(b) states that National Register must include details of registered higher education providers whose registration has been cancelled, other than for a reason set out in the Register Guidelines. It is TEQSA’s intention to include details of all higher education providers whose registration has been cancelled on the National Register, so a provision addressing paragraph 198(1)(b) is not included in this instrument.

 

 

 

 

Description of the provisions

 

Section 5 of the instrument states the details TEQSA will enter on the National Register for each higher education provider registered by TEQSA.

 

Section 6 sets out the information TEQSA will enter on the National Register for each registered higher education provider whose registration has been cancelled.

 

Section 7 contains a statement that TEQSA will enter on the National Register for each higher education provider with self-accrediting authority. The statement explains that courses accredited pursuant to a higher education provider’s own self-accrediting authority will not be included on the National Register.

 

Section 8 states the details that TEQSA will enter on the National Register for each course of study accredited by TEQSA. 

 

Consultation

 

As part of the consultation TEQSA conducted in relation to this instrument, the Chief Commissioner of TEQSA announced publicly at a provider briefing session on August 17 2012 that TEQSA was accepting submissions from stakeholders on the content of a draft of the Register Guidelines from 17 August until 3 September 2012. A Draft of the Register Guidelines and details on how to make a submission to TEQSA were also placed on TEQSA’s website on 17 August 2012 with a statement that TEQSA would accept submissions on the Guidelines until 3 September 2012. TEQSA did not receive any submissions on the Register Guidelines during the consultation period.

 

When drafting this instrument TEQSA had regard to the Australian Qualifications Framework (AQF) developed by the Australian Qualifications Framework Council and TEQSA liaised with State and Territory Government Accreditation Authorities in relation to the content of their registers of higher education providers.

 

Statement of Compatibility with Human Rights

 

This statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The instrument does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  Accordingly, the instrument is compatible with human rights as it does not raise any human rights issues.

 

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.

Overview

The Tertiary Education Quality and Standards Agency (Register) Guidelines 2012 were enacted to provide clarity and consistency in the information that the Tertiary Education Quality and Standards Agency (TEQSA) must include on the National Register of Higher Education Providers, as established under the Tertiary Education Quality and Standards Agency Act 2011. This legislative instrument was introduced to address the need for a comprehensive and transparent register that informs students, providers, and other stakeholders about the status and accreditation of higher education providers in Australia. The Guidelines were issued by the Chief Commissioner of TEQSA under the authority granted by section 204 of the Act and aim to ensure that the National Register is maintained with accurate and necessary information. The policy objective is to enhance accountability and transparency within the higher education sector by providing a reliable source of information on registered and deregistered providers, thereby protecting the interests of students and maintaining educational standards.

Scope and Application

The Tertiary Education Quality and Standards Agency (Register) Guidelines 2012, issued under Section 204 of the Tertiary Education Quality and Standards Agency Act 2011, apply to all higher education providers registered under the Act. These guidelines detail the specific information the Tertiary Education Quality and Standards Agency (TEQSA) must include on the National Register of Higher Education Providers for each registered provider. The instrument outlines the mandatory details for both active and cancelled registrations, including information about courses accredited under a provider’s self-accrediting authority, which are specifically noted as not being included on the Register. The guidelines are designed to provide clarity and consistency for higher education providers, students, and other stakeholders by standardising the information on the National Register. Although the guidelines establish certain requirements, TEQSA retains the flexibility to enter additional details under subsection 198(4) of the Act, as necessary for the maintenance and establishment of the register. The instrument is applicable nationally, extending across all jurisdictions within Australia, and it does not specify any exclusions, exemptions, or thresholds beyond those already outlined in the Act.

Key Provisions

The main operative sections of the Tertiary Education Quality and Standards Agency (Register) Guidelines 2012 (F2012L01889) focus on the information that the Tertiary Education Quality and Standards Agency (TEQSA) is required to include on the National Register of Higher Education Providers. According to Section 5, TEQSA must enter specific details for each higher education provider registered by TEQSA. Section 6 details the information that must be entered for providers whose registration has been cancelled. Section 7 specifies the statement that TEQSA will include for providers with self-accrediting authority, clarifying that courses accredited by this authority are not included on the National Register. Lastly, Section 8 sets out the details TEQSA must enter for each course of study accredited by TEQSA. The Act imposes specific obligations on TEQSA to ensure the National Register is comprehensive and accurate. Under Section 198(4), TEQSA is authorised to include additional details on the National Register beyond those specified in the Register Guidelines. However, the primary obligation is to include all necessary information as outlined in Sections 5, 6, 7, and 8 of the Guidelines. This includes ensuring that details of cancelled registrations are appropriately documented, except for those reasons specifically excluded by the Guidelines. Any breaches of the provisions outlined in the Tertiary Education Quality and Standards Agency (Register) Guidelines 2012 could lead to civil or criminal consequences, although specific offences and penalties are not detailed within the Explanatory Statement. Generally, non-compliance with the Act could result in penalties as prescribed by the Tertiary Education Quality and Standards Agency Act 2011. For instance, under the broader legislative framework, there may be financial penalties or other enforcement actions that TEQSA could take against entities that fail to comply with the registration requirements. However, the specific maximum penalties are not provided in the Explanatory Statement.

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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.