EXPLANATORY STATEMENT
Tertiary Education Quality and Standards Agency
(Register) Guidelines 2013
Issued by the authority of the Chief Commissioner of the Tertiary Education Quality and Standards Agency (TEQSA)
Subject: Tertiary Education Quality and Standards Agency
(Register) Guidelines 2013
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 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.
This instrument revokes the Tertiary Education Quality and Standards Agency
(Register) Guidelines 2012 (Register Guidelines 2012), and includes four changes. TEQSA will now include information on the National Register on:
- previously accredited courses of study that have expired or been cancelled on or after 1 July 2013;
- previously registered higher education providers whose registration has expired, been withdrawn or been cancelled on or after 1 July 2013; and
- details of certain regulatory decisions, where the decision has been made on or after 1 July 2013.
This information is being included on the National Register to give greater transparency to TEQSA’s regulatory decisions and provide information on previously accredited courses of study and previously registered higher education providers to stakeholders, including students, potential students and potential employers.
The Register Guidelines also now no longer require TEQSA to include Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) registration status of higher education providers on the National Register. This requirement has been removed as the CRICOS status of higher education providers is already available on CRICOS at http://cricos.deewr.gov.au/.
Under subsection 198(4) of the Act, TEQSA may enter details on the National Register that are not contained in the Register Guidelines. 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 4 of the instrument states the details TEQSA will enter on the National Register for each higher education provider registered by TEQSA.
Section 5 sets out the information TEQSA will enter on the National Register for each previously registered higher education provider whose registration has expired, been withdrawn, or been cancelled
Section 6 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 7 states the details that TEQSA will enter on the National Register for each course of study accredited by TEQSA.
Section 8 states the details that TEQSA will enter on the National Register for each course of study previously accredited by TEQSA where the accreditation has expired or been cancelled.
Section 9 states the details that TEQSA will enter on the National Register for certain regulatory decisions from 1 July 2013. Section 9 also states when these details will be entered on the National Register.
Consultation
As part of the consultation TEQSA conducted in relation to the Register Guidelines 2012, 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.
In relation to this instrument, TEQSA sent a consultation paper seeking feedback about TEQSA’s approach to public reporting on 20 March 2013 which included information on changing the Register Guidelines 2012 to include regulatory decisions, to the following:
- State and Territory Ministers with responsibility for higher education
- Eight sector peak representative bodies: Universities Australia (UA), Council of Private Higher Education (COPHE), Australian Council for Private Education and Training (ACPET); TAFE Directors Australia (TDA); National Tertiary Education Union (NTEU); National Union of Students (NUS); Council of Australian Postgraduate Associations Incorporated (CAPA); and Council of International Students Australia (CISA)
The consultation paper was also posted on the TEQSA website on 19 March 2013 asking for submissions by 3 May 2013, and on 19 March 2013 an email was sent to each registered Higher Education Provider notifying them of the consultation paper’s availability and location. A total of 28 submissions were received.
The submissions received in relation to TEQSA’s approach to public reporting can be grouped into five categories:
- Policy principles for public reporting
- The format of public reports
- The scope of reports
- The timing of reports
- Archiving reports
Paragraphs (b) to (e) related to the public reports and did not address the changes to the Register Guidelines 2012. In relation to paragraph (a), some submissions suggested that TEQSA should ensure that the timing of publication of regulatory decisions does not prejudice relevant legal review processes. This feedback has been reflected in the terms of section 9 of this instrument.
TEQSA has considered the submissions received and will publish a response on the TEQSA website at http://www.teqsa.gov.au/news-publications/current-consultations in June 2013.
When drafting this instrument TEQSA also had regard to the Australian Qualifications Framework (AQF) developed by the Australian Qualifications Framework Council.
Commencement
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and will commence on 1 July 2013.
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
(Register) Guidelines 2013
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
Subsection 198(1) of the Tertiary Education Quality and Standards Agency Act 2011 requires the Tertiary Education Quality and Standards Agency (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.
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.
CAROL NICOLL
Chief Commissioner
Tertiary Education Quality and Standards Agency