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.
Overview
The Tertiary Education Quality and Standards Agency (Register) Guidelines Amendment 2012 was enacted to address minor issues in the initial guidelines for the National Register of Higher Education Providers established under the Tertiary Education Quality and Standards Agency Act 2011. This Act was passed by the Parliament of Australia to create TEQSA, an agency responsible for ensuring quality and standards in Australia's tertiary education sector. The policy objective behind these amendments was to refine the clarity and structure of the Register Guidelines to avoid any potential confusion among stakeholders regarding the inclusion of self-accredited courses on the National Register. The guidelines were amended based on suggestions from the Senate Standing Committee on Regulations and Ordinances, with a focus on ensuring that the information presented is straightforward and easily understood. TEQSA undertook a consultation process but did not receive any submissions, deeming further consultation unnecessary due to the minor nature of the amendments.
Scope and Application
The Tertiary Education Quality and Standards Agency (Register) Guidelines Amendment 2012 applies to the Tertiary Education Quality and Standards Agency (TEQSA), which is responsible for maintaining the National Register of Higher Education Providers. This amendment specifically relates to the guidelines that TEQSA must follow when entering information on the National Register. The Act affects higher education providers with self-accrediting authority, ensuring that only certain accredited courses are included on the register while clarifying that courses accredited under a provider's own authority are not. The amendment aims to streamline the information provided on the register and prevent potential confusion, thus impacting the entities involved in higher education within Australia. The amendment is applicable nationally as it pertains to the Commonwealth-administered National Register. There are no exclusions or exemptions outlined in the text, and no thresholds are specified. The application of the Act may be further detailed or extended through subordinate instruments, although the current amendment itself is minor and does not necessitate additional consultation.
Key Provisions
The Tertiary Education Quality and Standards Agency (Register) Guidelines Amendment 2012 (the Amendment) introduces modifications to section 7 of the Tertiary Education Quality and Standards Agency (Register) Guidelines 2012 (the Guidelines). Specifically, the Amendment consolidates a statement regarding self-accrediting authority into a single provision within section 7 of the Guidelines. Section 7(a) of the Guidelines now includes a statement that explains the nature of courses accredited under a higher education provider's own self-accrediting authority, clarifying that such courses will not be listed on the National Register of Higher Education Providers (National Register). This change aims to streamline the information and reduce potential confusion for stakeholders.
The Amendment imposes specific obligations on the Tertiary Education Quality and Standards Agency (TEQSA) and higher education providers. TEQSA must ensure that the National Register accurately reflects the provisions outlined in the Guidelines, particularly with respect to the inclusion of courses accredited by higher education providers under their self-accrediting authority. Higher education providers, in turn, need to comply with the Guidelines when submitting information to TEQSA. This includes providing accurate and comprehensive data to ensure their courses are correctly identified and registered, or not registered, as per the Guidelines.
Under the Amendment, there are no specific offences, penalties, or civil or criminal consequences outlined for breaches of the Guidelines. The focus of the Amendment is on the administrative and procedural aspects of maintaining the National Register, with the primary intent of ensuring clarity and accuracy in the information provided. However, TEQSA retains the authority to take action against higher education providers that fail to comply with the Guidelines, which could potentially lead to deregistration or other regulatory consequences. The precise nature of these actions is governed by the overarching Tertiary Education Quality and Standards Agency Act 2011.
In summary, the Tertiary Education Quality and Standards Agency (Register) Guidelines Amendment 2012 refines the Guidelines to prevent confusion by consolidating relevant statements into a single provision. It mandates that TEQSA and higher education providers adhere to the clarified guidelines for maintaining the National Register. While the Amendment itself does not specify penalties for non-compliance, breaches of the Guidelines could result in regulatory actions under the broader legislative framework.