Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 – Amendment No. 1 of 2022

EXPLANATORY STATEMENT

Tertiary Education Quality and Standards Agency

(Register) Guidelines 2017 (Amendment) No. 1 of 2022

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

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 Description of the provisions

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 Registration Guidelines is to set out the information that TEQSA must enter on the National Register in respect of each registered higher education provider.

Section 4 of the Registration Guidelines provides the details TEQSA must enter on the National Register for higher education providers registered by TEQSA. This instrument inserts new subsections into section 4 that require TEQSA enter further details on the National Register in relation to registered higher education providers including:  

1.)   New subsection 4(l): the name, position title, phone number and email address of the principal contact officer

2.)   New subsection 4(m): the name, position title, phone number and email address of the Chief Executive Officer

3.)   New subsection 4(l): where relevant, that a registered higher education provider in the “Australian University” provider category has a specialised focus in accordance with the Threshold Standards.

The collection of this information will allow TEQSA to maintain accurate provider contact details in the publicly available National Register for each registered higher education provider. This will enhance transparency in the higher education sector by ensuring that the public is always able to contact a registered higher education provider to raise concerns in relation to their education or services supplied by the provider and, if their response is unsatisfactory, with TEQSA in a timely manner.

Section 29 of the Act requires providers to notify TEQSA of events that require the National Register to be updated. The addition of subsections 4(l) and (m) will ensure that contact details in the National Register are accurate as providers will have to notify TEQSA where there is a change to the details required by subsections 4(l) and (m) of the Register Guidelines (for instance, when a new Chief Executive Officer is appointed).

The amendment will also bring the details required in National Register in line with the details required in the equivalent nation register for vocational education and training sector. That register includes the contact information for a registered training organisation’s chief executive, the registration enquiries contact and the public enquiries contact and is made available at training.gov.au.

The purpose of new subsection 4(n) is to compliment the introduction of the new Provider Category Standards in which the ‘Australian University of Specialisation’ category has been removed. Including a new requirement for the National Register to provide (where relevant) that an Australian University has a specialised focus will ensure that this information is publicly available.

Commencement

This instrument is a legislative instrument for the purposes of the Legislation Act 2003. The instrument will commence in accordance with the table set out in section 2 of the instrument.

Consultation

TEQSA consulted with the sector and published a consultation paper on TEQSA’s website (https://www.teqsa.gov.au/consultation) earlier in October 2021.

TEQSA asked for submissions on the proposed inclusions to section 4 of the Register Guidelines within a month of the date on which the paper was published. TEQSA also referred to the consultation paper in its monthly electronic newsletter distributed to higher education providers, peak bodies and other stakeholders.

TEQSA received no submissions in response to the consultation.

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 2017 (Amendment) No.1 of 2022

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 (the Act) requires 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 Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 (Register Guidelines), made under section 204 of the Act, set out the information that TEQSA must enter on the National Register in respect of each registered higher education provider (provider).

The purpose of the Instrument is to amend the Register Guidelines to provide that the National Register must include the contact details of persons holding particular positions at providers. This amendment will work with section 29 of the Act to assist TEQSA with maintaining current and accurate information in the National Register.

The Instrument also has the purpose of amending the Register Guidelines to require that, where an Australian University has a specialised focus, this information is publicly available.

Human rights implications

Right to Education

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 providers.

To the extent that the right to education is engaged, this right is promoted by the Instrument as it ensures that important and accurate contact information for a provider is made publicly available for existing and prospective students. Providing this information ensures that students can make enquiries and informed decisions about their education.

Right to privacy and reputation

The Instrument also engages the right to privacy and reputation contained in Article 17 of the International Covenant on Economic, Social and Cultural Rights as the Instrument requires TEQSA to collect and publish personal information.

The information will be collected to maintain accurate provider contact details for the use of TEQSA and the general public. Providing this information in relation to all providers ensures that the public is always able to contact a provider in relation to their education or services supplied by the provider. This transparency is important in terms of the integrity of the higher education sector, ensuring that the public has the capacity to raise any concerns with a provider, and if their response is unsatisfactory, with TEQSA in a timely manner.

New subsections 4(l) and (m), requiring the collection of personal information, are necessary to ensure providers inform TEQSA of the contact details of their principal contact officer and Chief Executive officer and advise TEQSA when those details change. The subsections will also ensure that TEQSA is able to perform its functions and duties efficiently by ensuring that TEQSA has up to date and centralised contact information for all registered higher education providers.

TEQSA will comply with the Privacy Act 1988 (PA Act) and the Australian Privacy Principles (AAP) in relation to the collection, use and publication of the personal information.

Most if not all of the contact information provided to TEQSA, specifically the name, position title, phone number and email address of principal contact officers and Chief Executive Offices, will be the official, position-related contact details of those persons. This minimises the amount of private personal information that will be collected and no ‘sensitive information’, as defined in section 6 of the PA Act, will be collected by TEQSA.

Those persons whose contact information is provided to TEQSA can reasonably be expected to know that the information will be added to the National Register and will therefore be made publicly available. Further, much of the information that will be collected and published is likely already available on the websites of the providers.

The collection of the information is reasonably necessary for one or more of TEQSA’s functions or activities, per APP 3, and will improve TEQSA’s capacity to protect and enhance the quality and integrity of Australia’s higher education sector. Any limitation on the right to privacy is reasonable, necessary, and proportionate to this policy objective. The Instrument is therefore compatible with the right to privacy.

Conclusion

This Instrument is compatible with human rights because it advances the protection of the right to education and any limitations it places on the right to privacy are reasonable, necessary and proportionate to the policy objectives of the Instrument.