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

Administered by Department of Education

Legislation au F2026L00472 Rules In force Legislative Instrument

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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.

 

 

Overview

The Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Act 2026, enacted to address the transition from the Higher Education Standards Panel (HESP) to the Australian Tertiary Education Commission (ATEC), was passed by the Parliament of Australia. This legislative instrument aims to ensure a smooth transition by preserving the administrative processes undertaken by the HESP during the development of higher education standards, allowing the Minister for Education to continue to rely on these processes without requiring the ATEC to repeat them. The accompanying ATEC Transitional Rules, made under the authority of the ATEC Transitional Act, specify that the transitional provisions will commence immediately after the ATEC Transitional Act, on 29 April 2026. These rules are designed to facilitate the continuity of standards development by recognising the work done by the HESP before its winding up, thereby ensuring no disruption in the implementation of the Higher Education Standards Framework. The ATEC Transitional Rules also clarify that while the HESP’s prior activities are treated as having been conducted by the ATEC, the ATEC retains the flexibility to undertake these activities independently after the commencement of the Rules. This legislative measure was made without consultation, as the Rules are considered technical and do not adversely impact any individual’s rights, duties, or obligations. Additionally, the Rules have been assessed for compatibility with human rights, confirming that they do not raise any human rights issues.

Scope and Application

The Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Rules 2026, referred to as the ATEC Transitional Rules, are instrumental in managing the transition from the Higher Education Standards Panel (HESP) to the Australian Tertiary Education Commission (ATEC) in the context of the Higher Education Standards Framework. These rules are made under the authority of subitem 3(1) of Schedule 2 to the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Act 2026 and are designed to ensure that administrative processes undertaken by the HESP during the development of standards can be carried forward by the Minister for Education, without the need for the ATEC to repeat those processes. This transitional measure applies to the Minister in the period from the commencement of the ATEC Transitional Rules on 29 April 2026 until 31 December 2026. The rules also provide that drafts of standards developed by the HESP before the commencement of the instrument are considered to have been developed by the ATEC, and advice or recommendations given by the HESP to the Minister prior to the instrument’s commencement are taken to have been given by the ATEC, thus facilitating a smooth transition and continuity in the standards-making process. The ATEC Transitional Rules are confined to the transitional period and do not extend beyond 31 December 2026. Notably, these rules are compatible with human rights, as they do not adversely affect any person's rights, duties, or obligations and do not engage any of the applicable rights or freedoms. This ensures that the transition does not create any human rights issues while allowing the Minister to maintain the momentum of standard development in the higher education sector.

Key Provisions

The Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Rules 2026 (ATEC Transitional Rules) primarily serve to facilitate the transition from the Higher Education Standards Panel (HESP) to the Australian Tertiary Education Commission (ATEC) in the development of the Higher Education Standards Framework. According to Section 5(1), these rules allow the Minister for Education to make standards under Section 58 of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) from the commencement of the instrument on 29 April 2026 until 31 December 2026, without requiring the ATEC to repeat any administrative processes already undertaken by the HESP. This ensures continuity and efficiency in the development of educational standards during the transitional period. The ATEC Transitional Rules impose specific obligations on the Minister for Education and the ATEC. The Minister is required to consider drafts of standards and advice or recommendations that were developed or given by the HESP before the ATEC Transitional Act commenced, as if they were developed or given by the ATEC itself (Section 5(2) and (3)). This transitional provision helps maintain the momentum of ongoing standard-setting activities. Additionally, while the ATEC can still undertake the relevant activities itself post-commencement, it is not obligated to do so if the HESP's work can be utilised (Section 5(4)). Failure to adhere to the ATEC Transitional Rules could lead to procedural inefficiencies in the development of the Higher Education Standards Framework. However, the rules themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance. The primary aim is to ensure a smooth transition without legal repercussions, focusing more on procedural facilitation than punitive measures. Nonetheless, the effectiveness of the educational standards could be indirectly affected if the transitional provisions are not properly observed, potentially impacting the quality and oversight of tertiary education in Australia.

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Education Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Transitional Provisions
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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.