EXPLANATORY STATEMENT
Tertiary Education Quality and Standards Agency
(Register) Guidelines Amendment 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
(Register) Guidelines Amendment 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.
The Tertiary Education Quality and Standards Agency (Register) Guidelines Amendment 2012 amends section 7 of the Tertiary Education Quality and Standards Agency (Register) Guidelines 2012 (Register Guidelines).
Purpose and Description of the provisions
Section 7 of the Register Guidelines 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.
On the suggestion of the Senate Standing Committee on Regulations and Ordinances, this instrument amends section 7 of the Register Guidelines to incorporate the statement found in the paragraph 7(b) into paragraph 7(a) of the Register Guidelines. This change was made to avoid any potential confusion that could arise from having the statement in a new substantive provision.
Consultation
As part of the consultation TEQSA conducted in relation to the Register Guidelines, 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 the Register Guidelines 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.
Given the very minor amendment being made to the Register Guidelines TEQSA did not think it necessary to undertake further consultations.
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.