EXPLANATORY STATEMENT
Tertiary Education Quality and Standards Agency
(Register) Guidelines 2015
Issued by the authority of the Tertiary Education Quality and Standards Agency (TEQSA)
Subject: Tertiary Education Quality and Standards Agency
(Register) Guidelines 2015
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 2013 (Register Guidelines 2013), and includes the following additional information TEQSA must include on the National Register:
- decisions made under TEQSA’s new powers to extend a period of registration and a period of accreditation of a course of study;
- for decisions made on or after 5 February 2015, the period for which a higher education provider’s registration was renewed, granted or extended; and
- in relation to courses of study accredited by TEQSA, for decisions made on or after 5 February 2015, the period for which the accreditation of a course of study was renewed, granted or extended.
This information is being included on the National Register to give greater transparency to TEQSA’s regulatory decisions and to include decisions on the National Register made under TEQSA’s new powers to extend the period of registration and the period of accreditation of a course of study.
Under this instrument if TEQSA or a delegate of TEQSA decides to vary a condition under section 32 or 53 of the Act, TEQSA is now only required to include the varied condition on the National Register, not the original condition which has been varied. Additionally if TEQSA or a delegate of TEQSA decides to revoke a condition under section 32 or 53 of the Act, under this instrument TEQSA is not required to include the revoked condition on the National Register.
Conditions which have been varied or conditions which have been revoked are no longer required to be included on the National Register so that it is clearer to those using the National Register what conditions are currently in place with a higher education provider or course of study. TEQSA still has discretion to include revoked conditions or an original condition which has been varied on the National Register, which can be considered on a case by case basis, as under subsection 198(4) of the Act, TEQSA may enter details on the National Register that are not contained in the Register Guidelines.
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. Section 9 also states when these details will be entered on the National Register.
Consultation
The Tertiary Education Quality and Standards Agency (Register) Guidelines 2012 (Register Guidelines 2012) were the first Register Guidelines made by TEQSA. Details of the consultation process undertaken for the Register Guidelines 2012 can be found in the Explanatory Statement of that instrument.
In relation to the Register Guidelines 2013, 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; and
- 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 and were considered when drafting the Register Guidelines 2013.
In relation to this instrument TEQSA posted information about the proposed change to include the period of a higher education provider’s registration and the period of the accreditation of courses of study accredited by TEQSA, on the consultation page on TEQSA’s website on 7 November 2014. Submissions on the proposed change closed on 12 December 2014. TEQSA also alerted stakeholders to the consultation via a section in the November 2014 TEQSA update which was emailed to the following:
- the principal contacts of all registered higher education providers; and
- four sector peak representative bodies: Universities Australia (UA), Council of Private Higher Education (COPHE), Australian Council for Private Education and Training (ACPET); and TAFE Directors Australia (TDA).
TEQSA received two submissions and both supported the proposed change.
TEQSA did not consider it necessary to consult on the removal of the requirement for original conditions which have been varied and conditions which have been revoked to be include don the national Register, given the substantial consultation in relation to TEQSA’s approach to public reporting in 2013 and the fact that TEQSA will continue to decide whether to include those conditions on a case by case basis.
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 5 February 2015.
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 2015
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.
__________________________ ________________________
Professor Nicholas Saunders AO Emeritus Professor Cliff Walsh
Acting Chief Commissioner Commissioner
Tertiary Education Quality and Standards Agency