Tertiary Education Quality and Standards Agency (Register) Guidelines 2015

Administered by Department of Education

Legislation au F2015L00073 Not in force Legislative Instrument

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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:

  1. decisions made under TEQSA’s new powers to extend a period of registration and a period of accreditation of a course of study;
  2. 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
  3. 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:

  1. State and Territory Ministers with responsibility for higher education; and
  2. 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:

  1. the principal contacts of all registered higher education providers; and
  2. 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

Overview

The Tertiary Education Quality and Standards Agency (Register) Guidelines 2015, enacted by the Tertiary Education Quality and Standards Agency (TEQSA) under Section 204 of the Tertiary Education Quality and Standards Agency Act 2011, aim to provide clarity and transparency in the registration and accreditation of higher education providers in Australia. This legislative instrument was introduced to address the need for updated guidelines that reflect TEQSA's expanded regulatory powers, particularly in relation to the inclusion of new types of information on the National Register of Higher Education Providers. The guidelines require TEQSA to enter specific details such as decisions on extending periods of registration and accreditation, as well as the duration for which these periods are set. Furthermore, the guidelines mandate the removal of varied or revoked conditions from the register, thereby enhancing the clarity and utility of the information available to the public. The policy objective is to ensure that the National Register serves as a transparent and up-to-date resource for stakeholders, thereby facilitating informed decision-making within the higher education sector.

Scope and Application

The Tertiary Education Quality and Standards Agency (Register) Guidelines 2015 applies to the Tertiary Education Quality and Standards Agency (TEQSA) which is responsible for establishing and maintaining the National Register of Higher Education Providers. The Act governs higher education providers in Australia, detailing the information required to be included on the National Register. This information pertains to decisions made under TEQSA’s new powers to extend periods of registration and accreditation of courses of study, the periods for which higher education providers' registrations and courses of study accreditations were renewed, granted, or extended, and decisions to vary or revoke conditions under the Act. The guidelines apply nationally across Australia, as TEQSA is a Commonwealth agency. The instrument also specifies that varied or revoked conditions are not required to be included on the National Register, although TEQSA retains the discretion to include such details on a case-by-case basis. This legislative instrument revokes the previous Tertiary Education Quality and Standards Agency (Register) Guidelines 2013 and includes additional information to be entered on the National Register.

Key Provisions

The Tertiary Education Quality and Standards Agency (Register) Guidelines 2015, issued under Section 204 of the Tertiary Education Quality and Standards Agency Act 2011, establish the necessary details that the Tertiary Education Quality and Standards Agency (TEQSA) must include on the National Register of Higher Education Providers. These guidelines specify the information to be entered for each registered higher education provider (Section 4), previously registered providers whose registration has expired or been withdrawn (Section 5), and providers with self-accrediting authority (Section 6). Additionally, the guidelines detail the information for courses accredited by TEQSA (Section 7) and those whose accreditation has expired or been cancelled (Section 8). Section 9 outlines the regulatory decisions, such as extensions of registration periods and accreditation periods, which must be included on the register. These provisions ensure that the National Register is comprehensive and up-to-date, providing clear and transparent information to the public. TEQSA is required to include specific details on the National Register, such as the names of higher education providers, their registration status, and any conditions attached to their registration or the accreditation of their courses. TEQSA must also record decisions regarding the extension of registration and accreditation periods, ensuring that the register reflects current regulatory actions. For decisions made on or after 5 February 2015, TEQSA must include the period for which a higher education provider's registration or course accreditation was renewed, granted, or extended. Furthermore, TEQSA is only required to include varied conditions on the register, not the original conditions that have been modified, and it is not necessary to include revoked conditions. This approach aims to provide a clear and accurate representation of the current regulatory status of higher education providers and their courses. Breaches of the obligations set out in the Tertiary Education Quality and Standards Agency (Register) Guidelines 2015 may result in various consequences. While the guidelines themselves do not specify penalties for non-compliance, the underlying Act provides for enforcement measures. Non-compliance with the Act's provisions could lead to regulatory action by TEQSA, which may include fines or other administrative penalties. Additionally, failure to maintain accurate and up-to-date information on the National Register could impact the reputation and operations of higher education providers, potentially leading to further regulatory scrutiny or legal action. It is important for entities governed by these guidelines to adhere strictly to the requirements to avoid adverse outcomes.

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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.