EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Universities Accord (Australian Tertiary Education Commission)
(Consequential and Transitional Provisions) Act 2026

Universities Accord (Australian Tertiary Education Commission)(Consequential and Transitional Provisions) Rules 2026

AUTHORITY

The Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Rules 2026 (ATEC Transitional Rules) are made under subitem 3(1) of Schedule 2 to the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Act 2026 (ATEC Transitional Act).

PURPOSE AND OPERATION

The Minister for Education makes standards making up the Higher Education Standards Framework under section 58 of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act). Prior to the commencement of the ATEC Transitional Act, section 58 of the TEQSA Act required the Higher Education Standards Panel (HESP) to develop a draft of a standard, and required the Minister to have regard to that draft and any advice or recommendations given by the HESP, before the Minister made the standards.

Schedule 1 to the ATEC Transitional Act amended the TEQSA Act to wind up the HESP and, in section 58, to replace the HESP with the Australian Tertiary Education Commission (ATEC).

The ATEC Transitional Rules will save certain administrative processes undertaken by the HESP during the development of standards under section 58 of the TEQSA Act prior to the HESP’s winding up. The ATEC Transitional Rules allow the Minister to make those standards following the winding up of the HESP without those processes having to be repeated by the ATEC.

COMMENCEMENT

The ATEC Transitional Rules will commence immediately after the ATEC Transitional Act commences, being 29 April 2026.

CONSULTATION

No consultation was undertaken on the ATEC Transitional Rules. The Rules are technical in nature and do not adversely affect any person’s rights, duties or obligations.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Universities Accord (Australian Tertiary Education Commission)
(Consequential and Transitional Provisions) Rules 2026

The Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Rules 2026 (the ATEC Transitional Rules) are 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

The Minister for Education makes standards making up the Higher Education Standards Framework under section 58 of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act). Prior to the commencement of the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Act 2026 (ATEC Transitional Act), section 58 of the TEQSA Act required the Higher Education Standards Panel (HESP) to develop a draft of a standard, and required the Minister to have regard to that draft and any advice or recommendations given by the HESP, before the Minister made the standards.

Schedule 1 to the ATEC Transitional Act amended the TEQSA Act to wind up the HESP and, in section 58, to replace the HESP with the Australian Tertiary Education Commission (ATEC).

The ATEC Transitional Rules will save certain administrative processes undertaken by the HESP during the development of standards under section 58 of the TEQSA Act prior to the HESP’s winding up. The ATEC Transitional Rules allow the Minister to make those standards following the winding up of the HESP without those processes having to be repeated by the ATEC.

Human rights implications

The ATEC Transitional Rules do not engage any of the applicable rights or freedoms.

Conclusion

The ATEC Transitional Rules are compatible with human rights because they do not raise any human rights issues.

Minister for Education, the Hon Jason Clare MP

Universities Accord (Australian Tertiary Education Commission)
(Consequential and Transitional Provisions) Rules 2026

EXPLANATION OF PROVISIONS

Section 1: Name

1.   This is a formal provision specifying the name of the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Rules 2026 (ATEC Transitional Rules).

Section 2: Commencement

1.   Section 2 provides that the ATEC Transitional Rules will commence immediately after the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Act 2026 (ATEC Transitional Act) commences, being 29 April 2026.

Section 3: Authority

1.   Section 3 explains that the ATEC Transitional Rules are made under subitem 3(1) of Schedule 2 to the ATEC Transitional Act.

Section 4: Definitions

1.   Section 4 sets out definitions for the purposes of the instrument.

Section 5: Saving of acts in relation to the making of the Higher Education Standards Framework

1.   The purpose of section 5 is to ensure that where the Higher Education Standards Panel (HESP) has undertaken certain activities during the development of standards forming part of the Higher Education Standards Framework prior to it being wound up, the Minister can continue to rely on those activities for the purpose of making the standards for a limited period after the winding up of the HESP, without the need for the Australian Tertiary Education Commission (ATEC) to repeat those same activities. The section does not, however, prevent the ATEC from undertaking those activities.
2.   Subsection (1) provides that the section applies to the Minister making standards under section 58 of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) in the period from commencement of the instrument (i.e. 29 April 2026) until 31 December 2026.
3.   Subsection (2) provides that drafts of standards developed by the HESP prior to commencement of the instrument are taken (after commencement) to have been developed by the ATEC.
4.   Subsection (3) provides that advice or recommendations given to the Minister by the HESP prior to commencement of the instrument are taken (after commencement) to have been given by the ATEC.
5.   Subsection (4) makes it clear that, notwithstanding that the things done by the HESP for the purposes of section 58 of the TEQSA Act prior to commencement of the instrument are taken to have been done by the ATEC, the ATEC is still able to do those things itself after commencement.