TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2011

2010-2011

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Tertiary Education Quality and

Standards Agency (Consequential

Amendments and Transitional

Provisions) Bill 2011

No. , 2011

(Education, Employment and Workplace Relations)

A Bill for an Act to deal with consequential and

transitional matters arising from the enactment of

the Tertiary Education Quality and Standards

Agency Act 2011, and for other purposes

i Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Education Services for Overseas Students Act

2000

Part 1--Amendments after VET law commences

Part 2--Amendments if VET law has not commenced

Part 3--Amendments about access

Part 4--Other amendments

Schedule 2--Other amendments

Part 1--Amendments about higher education support

Division 1--Main amendments

Higher Education Support Act 2003

Division 2--Amendments of new law about approvals

Higher Education Support Act 2003

Division 3--Amendments of old law about approvals

Higher Education Support Act 2003

Part 2--Amendments after VET law commences

Tertiary Education Quality and Standards Agency Act 2011

Schedule 3--Transitional provisions

Part 1--Preliminary

Part 2--Transferring existing State registrations to TEQSA

system etc.

Division 1--Transferring existing State registrations etc.

Division 2--Pending review decisions about State registrations

Division 3--Suspended automatic TEQSA registrations

Division 4--Automatic transitional registration for some overseas

providers

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 ii

Division 5--Transferring an authorisation to self-accredit courses of

study

Division 6--No inference that Standards met

Part 3--Pending applications for State registration or

re-registration

Part 4--Transferring existing State accreditations to TEQSA

system etc.

Division 1--Transferring existing State accreditations etc.

Division 2--Pending review decisions about State accreditations

Division 3--Suspended automatic TEQSA accreditations

Division 4--No inference that Standards met

Part 5--Pending applications for State accreditation or

re-accreditation

Part 6--Making the first Threshold Standards

Part 7--Audits

Part 8--Review of decisions

Part 9--Transfer of records

Part 10--Miscellaneous

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 1

A Bill for an Act to deal with consequential and

transitional matters arising from the enactment of

the Tertiary Education Quality and Standards

Agency Act 2011, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Tertiary Education Quality and

Standards Agency (Consequential Amendments and Transitional

Provisions) Act 2011.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

2 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Part 1

Immediately after the later of:

(a) the commencement of Part 2 of the

Tertiary Education Quality and

Standards Agency Act 2011; and

(b) the commencement of item 1 of

Schedule 1 to the National Vocational

Education and Training Regulator

(Consequential Amendments) Act 2011.

However, the provision(s) do not commence

at all unless both of the events mentioned in

paragraphs (a) and (b) occur.

3. Schedule 1,

items 15 to 24

At the same time as Part 2 of the Tertiary

Education Quality and Standards Agency

Act 2011 commences.

However, if item 1 of Schedule 1 to the

National Vocational Education and Training

Regulator (Consequential Amendments) Act

2011 commences at or before that time, the

provision(s) do not commence at all.

4. Schedule 1,

item 25

Immediately after the later of:

(a) the commencement of the provision(s)

covered by table item 3; and

(b) the commencement of Schedule 1 to the

Education Services for Overseas

Students Legislation Amendment Act

2011.

However, the provision(s) do not commence

at all unless both of the events mentioned in

paragraphs (a) and (b) occur.

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 3

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

5. Schedule 1,

items 26 to 39

At the same time as Part 2 of the Tertiary

Education Quality and Standards Agency

Act 2011 commences.

However, if item 1 of Schedule 1 to the

National Vocational Education and Training

Regulator (Consequential Amendments) Act

2011 commences at or before that time, the

provision(s) do not commence at all.

6. Schedule 1,

Part 3

At the same time as section 3 of the Tertiary

Education Quality and Standards Agency

Act 2011 commences.

7. Schedule 1,

Part 4

Immediately after the commencement of

Part 2 of the Tertiary Education Quality and

Standards Agency Act 2011.

8. Schedule 2,

Part 1, Division 1

Immediately after the commencement of

Part 2 of the Tertiary Education Quality and

Standards Agency Act 2011.

9. Schedule 2,

Part 1, Division 2

Immediately after the commencement of

Part 2 of the Tertiary Education Quality and

Standards Agency Act 2011.

However, if Schedule 1 to the Higher

Education Support Amendment (No. 1) Act

2011 has not commenced at or before that

time, the provision(s) do not commence at

all.

10. Schedule 2,

Part 1, Division 3

Immediately after the commencement of

Part 2 of the Tertiary Education Quality and

Standards Agency Act 2011.

However, if Schedule 1 to the Higher

Education Support Amendment (No. 1) Act

2011 commences at or before that time, the

provision(s) do not commence at all.

11. Schedule 2,

Part 2

Immediately after the later of:

(a) the commencement of section 5 of the

Tertiary Education Quality and

Standards Agency Act 2011; and

(b) the commencement of section 3 of the

4 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

National Vocational Education and

Training Regulator Act 2011.

However, the provision(s) do not commence

at all unless both of the events mentioned in

paragraphs (a) and (b) occur.

12. Schedule 3

At the same time as section 3 of the Tertiary

Education Quality and Standards Agency

Act 2011 commences.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Education Services for Overseas Students Act 2000 Schedule 1

Amendments after VET law commences Part 1

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 5

Schedule 1--Education Services for Overseas

Students Act 2000

Part 1--Amendments after VET law commences

1 Section 5 (before paragraph (a) of the definition of

authorised employee)

Insert:

(aa) if, under subsection 170(2), the Secretary delegates a power

to TEQSA that TEQSA considers requires powers to be

exercised under Part 7--a person who is an authorised officer

(within the meaning of the TEQSA Act); or

2 Section 5

Insert:

Commonwealth designated authority for a State, in relation to a

provider, means TEQSA or the National VET Regulator.

3 Section 5 (definition of designated authority)

Repeal the definition, substitute:

designated authority has the meaning given by section 7A.

4 After section 7

Insert:

7A Meaning of designated authority

(1)

The

designated authority for a State, in relation to a provider, is as

follows:

Item

For this kind of provider ...

the designated authority is ...

a registered higher education provider

(within the meaning of the TEQSA

Act)

TEQSA

an NVR registered training

organisation (within the meaning of the

National Vocational Education and

the National VET Regulator

Schedule 1 Education Services for Overseas Students Act 2000

Part 1 Amendments after VET law commences

6 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Item

For this kind of provider ...

the designated authority is ...

Training Regulator Act 2011)

a provider of:

(a) an English Language Intensive

Course for Overseas Students; or

(b) a Foundation program

the entity determined under

subsection (4)

a provider not covered by items 1 to 3

the person responsible under the

law of the State for approving

providers to provide courses to

overseas students for the State

(2) Subsection (1) has effect subject to subsection (3).

(3) The Minister may, by legislative instrument, determine one or

more entities to be the designated authorities for a State, in

relation to a provider, for a provider covered by more than one

item of the table.

(4) The Minister may, by legislative instrument, determine an entity to

be the designated authority for a State in relation to a provider

covered by table item 3.

5 Paragraph 89A(1)(b)

Omit "the National VET Regulator", substitute "a Commonwealth

designated authority".

6 Paragraph 89A(1A)(b)

Omit "the National VET Regulator", substitute "a Commonwealth

designated authority".

7 Paragraph 89A(1B)(a)

Repeal the paragraph, substitute:

(a)

either:

(i) a provider is approved by a Commonwealth designated

authority to provide courses; or

(ii) a provider is approved by a Commonwealth designated

authority, and by a designated authority that is not a

Commonwealth designated authority, to provide

courses; and

Education Services for Overseas Students Act 2000 Schedule 1

Amendments after VET law commences Part 1

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 7

8 Paragraph 89A(1B)(b)

Omit "Regulator tells the Secretary that the Regulator", substitute

"Commonwealth designated authority tells the Secretary that it".

9 After paragraph 170(1)(a)

Insert:

(aa)

TEQSA;

10 Before paragraph 170(2)(a)

Insert:

(aa)

TEQSA;

11 Before subsection 170(3) (before the heading)

Insert:

(2A) If the Minister or the Secretary delegates a power under this

section to TEQSA, TEQSA may, by writing, subdelegate the

power to a member of the staff of TEQSA (within the meaning of

the TEQSA Act) who:

(a) is an SES employee or acting SES employee; or

(b) holds, or is acting in, an Executive Level 1 or 2, or

equivalent, position.

12 Subsection 170(4)

Omit "the subdelegation", substitute "a subdelegation under

subsection (2A) or (3)".

13 Saving of existing determinations

(1)

This item applies to a determination in force under paragraph (b) of the

definition of designated authority in section 5 of the Education Services

for Overseas Students Act 2000 immediately before the commencement

of this item.

(2)

The determination continues to have effect, at and after that

commencement, as if it were a determination under subsection 7A(4) of

that Act as amended by this Part.

14 Things done by, or in relation to, a designated authority

Schedule 1 Education Services for Overseas Students Act 2000

Part 1 Amendments after VET law commences

8 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

(1)

This item applies if, before the commencement of this item, a thing was

done by, or in relation to, a designated authority under the Education

Services for Overseas Students Act 2000.

(2)

The thing is taken, after that commencement, to have been done by, or

in relation to, the relevant designated authority (within the meaning of

that Act as amended by this Part).

(3)

The Minister may, by writing, determine that subitem (2) does not apply

in relation to a specified thing done by, or in relation to, a designated

authority.

(4)

To avoid doubt, doing a thing includes making an instrument.

(5)

A determination under subitem (3) is not a legislative instrument.

Education Services for Overseas Students Act 2000 Schedule 1

Amendments if VET law has not commenced Part 2

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 9

Part 2--Amendments if VET law has not commenced

15 Section 5 (definition of approved provider)

Omit "the designated authority", substitute "the relevant designated

authority".

16 Section 5 (definition of authorised employee)

Repeal the definition, substitute:

authorised employee means:

(a) if, under subsection 170(2), the Secretary has delegated a

power to TEQSA that TEQSA considers requires powers to

be exercised under Part 7--a person who is an authorised

officer (within the meaning of the TEQSA Act); or

(b) in any other case--a person who:

(i) is authorised in writing by the Secretary to exercise

powers under Part 7; and

(ii) is an employee of the Department; and

(iii) holds the classification of APS 5 or higher, or an

equivalent classification.

17 Section 5 (definition of designated authority)

Repeal the definition, substitute:

designated authority for a State, in relation to a provider, means:

(a) to the extent that the provider is a registered higher education

provider (within the meaning of the TEQSA Act)--TEQSA;

(b) in any other case--the person responsible under the law of

the State for approving providers to provide courses to

overseas students for the State.

18 Subsection 10(5)

After "is registered", insert "for a course".

19 Paragraph 14(1)(b)

Repeal the paragraph, substitute:

(b) the source of the information is not the relevant designated

authority.

Schedule 1 Education Services for Overseas Students Act 2000

Part 2 Amendments if VET law has not commenced

10 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

20 Subsection 14(2)

Repeal the subsection, substitute:

(2) The Secretary must give the information to the relevant designated

authority.

21 Subsection 14(3)

Omit "the designated authority", substitute "the relevant designated

authority".

22 Paragraph 14A(1)(a)

Repeal the paragraph, substitute:

(a) a provider is approved by a designated authority for a State to

provide courses to overseas students; and

(aa) the designated authority has imposed a condition on the

provider relating to its provision of those courses; and

23 Paragraph 14A(2)(a)

Repeal the paragraph, substitute:

(a) a provider is approved by a designated authority for a State to

provide courses to overseas students; and

(aa) the designated authority has imposed a condition on the

provider relating to its provision of those courses; and

24 Subsection 14A(4)

Omit "the designated authority", substitute "the relevant designated

authority".

25 Paragraph 14B(1)(b)

Repeal the paragraph, substitute:

(b) the relevant designated authority.

26 Paragraph 27(1B)(b)

Repeal the paragraph, substitute:

(b) any advice of the relevant designated authority.

27 Paragraph 43(1)(b)

Repeal the paragraph, substitute:

Education Services for Overseas Students Act 2000 Schedule 1

Amendments if VET law has not commenced Part 2

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 11

(b) the source of the information is not a designated authority in

relation to the provider.

28 Subsection 43(2)

Omit "the designated authority", substitute "each relevant designated

authority".

29 Subsection 43(2)

Omit "the authority", substitute "one or more of those authorities".

30 Paragraph 43(3)(a)

Omit "the designated authority", substitute "each relevant designated

authority".

31 Paragraph 43(3)(b)

Omit "the designated authority", substitute "a relevant designated

authority".

32 Subsection 89(1)

Omit "the designated authority", substitute "the relevant designated

authority".

33 Subsection 89A(1)

Repeal the subsection, substitute:

(1)

If:

(a)

either:

(i)

a provider is approved by a designated authority for a

State to provide courses for a State; or

(ii)

a provider is approved by a designated authority for a

State to provide courses for a State and another

designated authority to provide other courses for the

State; and

(b)

TEQSA is not a designated authority mentioned in

paragraph (a); and

(c)

a designated authority mentioned in paragraph (a) tells the

Secretary that the authority (having regard to the matters

referred to in subsection 9B(2)) is no longer satisfied that the

provider is fit and proper to be registered;

Schedule 1 Education Services for Overseas Students Act 2000

Part 2 Amendments if VET law has not commenced

12 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

the registration of the provider (other than a provider covered by

subsection 9B(1)) is suspended for all courses for the State by

force of this subsection.

Note:

Section 95 sets out the effect of suspension.

(1A)

If:

(a)

the registration of a provider is suspended under

subsection (1); and

(b)

the provider is also approved by TEQSA to provide courses

for a State;

the registration of the provider is also suspended for those courses

for all States by force of this subsection.

Note:

Section 95 sets out the effect of suspension.

(1B)

If:

(a)

either:

(i)

a provider is approved by TEQSA to provide courses; or

(ii)

a provider is approved by TEQSA and another

designated authority to provide courses; and

(b)

TEQSA tells the Secretary that TEQSA (having regard to the

matters referred to in subsection 9B(2)) is no longer satisfied

that the provider is fit and proper to be registered;

the registration of the provider (other than a provider covered by

subsection 9B(1)) is suspended for all courses for all States by

force of this subsection.

Note:

Section 95 sets out the effect of suspension.

34 Subsection 89A(2)

Omit "the designated authority", substitute "the relevant designated

authority".

35 Subsection 92B(1)

Omit "the designated authority" (first occurring), substitute "the

relevant designated authority".

36 Section 170

Repeal the section, substitute:

Education Services for Overseas Students Act 2000 Schedule 1

Amendments if VET law has not commenced Part 2

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 13

170 Delegation

Minister's delegation

(1) The Minister may, by signed writing, delegate any or all of the

Minister's powers under this Act to:

(a) the Secretary; or

(b)

TEQSA;

Secretary's delegation

(2) The Secretary may, by signed writing, delegate any or any of the

Secretary's powers under this Act to:

(a)

TEQSA;

(b) an SES employee or acting SES employee in the Department.

Subdelegation

(3) If the Minister or the Secretary delegates a power under this

section to TEQSA, TEQSA may, by writing, subdelegate the

power to a member of the staff of TEQSA (within the meaning of

the TEQSA Act) who:

(a) is an SES employee or acting SES employee; or

(b) holds, or is acting in, an Executive Level 1 or 2, or

equivalent, position.

(4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901

apply in relation to the subdelegation in a corresponding way to the

way in which they apply in relation to a delegation.

37 Saving of existing authorisations

A person who is an authorised employee within the meaning of the

Education Services for Overseas Students Act 2000 immediately before

the commencement of this item continues to be, at and after that

commencement, an authorised employee for the purposes of that Act.

38 Things done by, or in relation to, a designated authority

(1)

This item applies if, before the commencement of this item, a thing was

done by, or in relation to, a designated authority under the Education

Services for Overseas Students Act 2000.

Schedule 1 Education Services for Overseas Students Act 2000

Part 2 Amendments if VET law has not commenced

14 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

(2)

The thing is taken, after that commencement, to have been done by, or

in relation to, the relevant designated authority (within the meaning of

that Act as amended by this Part).

(3)

The Minister may, by writing, determine that subitem (2) does not apply

in relation to a specified thing done by, or in relation to, a designated

authority.

(4)

To avoid doubt, doing a thing includes making an instrument.

(5)

A determination under subitem (3) is not a legislative instrument.

39 Saving of existing delegations

A delegation in force under section 170 of the Education Services for

Overseas Students Act 2000 immediately before the commencement of

this item continues to have effect, at and after that commencement, as if

it were a delegation under that section as amended by this Part.

Education Services for Overseas Students Act 2000 Schedule 1

Amendments about access Part 3

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 15

Part 3--Amendments about access

40 Section 124

Before "An", insert "(1)".

41 Section 124

Omit "another employee of the Department with an", substitute "a

person covered by subsection (2) who has the".

42 At the end of section 124

Add:

(2) This subsection covers a person if the person is:

(a) an employee of the same Agency (within the meaning of the

Public Service Act 1999) as the authorised employee; or

(b) a constituent member (however described) of that Agency.

43 Subsection 125(1)

Omit "another employee of the Department with an", substitute "a

person covered by subsection (3) who has the".

44 At the end of section 125

Add:

(3) This subsection covers a person if the person is:

(a) an employee of the same Agency (within the meaning of the

Public Service Act 1999) as the authorised employee; or

(b) a constituent member (however described) of that Agency.

Schedule 1 Education Services for Overseas Students Act 2000

Part 4 Other amendments

16 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Part 4--Other amendments

45 Section 5

Insert:

TEQSA (short for Tertiary Education Quality and Standards

Agency) means the body established by section 132 of the TEQSA

Act.

46 Section 5

Insert:

TEQSA Act means the Tertiary Education Quality and Standards

Agency Act 2011.

Other amendments Schedule 2

Amendments about higher education support Part 1

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 17

Schedule 2--Other amendments

Part 1--Amendments about higher education

support

Division 1--Main amendments

Higher Education Support Act 2003

1 Section 1-15

Repeal the section.

2 Section 3-25

Repeal the section.

3 Subsection 5-1(2) (table item 1)

Omit "an audit by a

quality auditing body", substitute "

TEQSA".

4 After section 16-25

Insert:

16-27 Body must be a registered higher education provider

Despite section 16-25, the Minister must not approve a body

corporate as a higher education provider unless the body is a

registered higher education provider.

5 Subsection 16-40(1)

Repeal the subsection, substitute:

(1) A body corporate that is a

registered higher education provider

may apply, in writing, to the Minister for approval as a higher

education provider under this Act.

6 After section 16-40

Insert:

Schedule 2 Other amendments

Part 1 Amendments about higher education support

18 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

16-42 Minister may seek information from TEQSA

For the purposes of approving a body corporate as a higher

education provider under this Act, the Minister may seek

information from

TEQSA that:

(a) relates to the body corporate's application for approval as a

higher education provider; or

(b) relates to the body corporate's ability to comply, or

compliance, with the

quality and accountability

requirements.

7 Subdivision 19-C

Repeal the Subdivision, substitute:

Subdivision 19-C--The quality requirements

19-15 Provider must maintain quality

A higher education provider must operate, and continue to operate,

at a level of quality:

(a) that meets the Threshold Standards (within the meaning of

the

TEQSA Act); and

(b) that meets the requirements imposed by or under the TEQSA

Act on, or in relation to, the provider.

8 Paragraphs 19-77(c) and (d)

Repeal the paragraphs, substitute:

TEQSA to self-accredit one or

courses of study; or

(d) TEQSA's accreditation of a course of study that is an

accredited course in relation to the provider.

9 After section 19-77

Insert:

19-78 Notice of events significantly affecting TEQSA registration

(1) A higher education provider must by writing inform the Minister of

any event significantly affecting:

(a) the provider; or

Other amendments Schedule 2

Amendments about higher education support Part 1

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 19

(b)

related body corporate of the provider;

that relates to the provider's registration as a

registered higher

education provider.

(2) If a higher education provider informs the Minister of an event

under section 19-77, the provider need not inform the Minister of

the event under this section.

10 After subsection 19-80(2)

Insert:

(2A) To avoid doubt, if the Minister makes a determination under

subsection (2) in relation to

TEQSA, the determination is not a

direction for the purposes of subsection 136(2) of the

TEQSA Act.

11 Subsection 19-102(4)

Omit "sections 104-50 and 225-25", substitute "section 104-50".

12 Section 22-1

Before "A body", insert "(1)".

13 At the end of section 22-1

Add:

(2) If a body ceases to be approved as a higher education provider, the

Minister must ensure that

TEQSA is notified, in writing, of the

cessation.

14 Paragraph 22-10(2A)(b)

Repeal the paragraph, substitute:

(b) the body is no longer authorised by

TEQSA to self-accredit

course of study that the body was authorised to

self-accredit at that time; and

15 At the end of section 22-10

Add:

Bodies that are no longer registered under the TEQSA Act

(6) The Minister may revoke a body's approval as a higher education

provider if:

Schedule 2 Other amendments

Part 1 Amendments about higher education support

20 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

(a) the body is no longer a

registered higher education provider;

and

(b) the Minister complies with the requirements of section 22-20.

16 After section 22-20

Insert:

22-22 Minister may seek information from TEQSA

For the purposes of determining whether to revoke a body's

approval as a higher education provider, the Minister may seek

information from

TEQSA.

17 Before paragraph 90-1(a)

Insert:

(aa) the course of study is an

accredited course in relation to the

provider; and

18 Paragraph 104-10(1)(b)

Repeal the paragraph, substitute:

(b) if the unit is being undertaken as part of a course of study

with a higher education provider:

(i) the course of study is an

accredited course in relation to

the provider; or

(ii) if the provider is a

self-accrediting entity--the course

of study is an

enabling course.

19 After paragraph 118-1(1)(c)

Insert:

(ca) the undergraduate course of study is an

accredited course in

relation to the home provider; and

20 Section 206-1 (table item 5)

Repeal the item.

21 Chapter 6

Repeal the Chapter.

22 Subsection 238-10(1) (table item 6A)

Other amendments Schedule 2

Amendments about higher education support Part 1

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 21

Repeal the item.

23 Subclause 1(1) of Schedule 1 (definition of accredited

course)

Repeal the definition, substitute:

accredited course means a

course of study (other than an

enabling course) that:

(a)

registered higher education provider is authorised by

TEQSA to self-accredit the course of study--is accredited

by the provider; and

(b) otherwise--is accredited by TEQSA.

24 Subclause 1(1) of Schedule 1 (definition of Australian

Qualifications Framework)

Repeal the definition, substitute:

Australian Qualifications Framework means the framework for

recognition and endorsement of qualifications:

(a) that is established by the Council consisting of the Ministers

for the Commonwealth and each State and Territory

responsible for higher education; and

(b) that is to give effect to agreed standards in relation to the

provision of education in Australia;

as in force from time to time.

25 Subclause 1(1) of Schedule 1 (definition of Australian

university)

Repeal the definition, substitute:

Australian university means a

registered higher education

provider:

(a) that, for the purposes of the

TEQSA Act, is registered in a

provider category that permits the use of the word

"university"; and

(b)

that:

(i) is established by or under, or recognised by, a law of the

Commonwealth, a State or a Territory; or

(ii) is registered as a company under Part 2A.2 of the

Corporations Act 2001.

Schedule 2 Other amendments

Part 1 Amendments about higher education support

22 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

26 Subclause 1(1) of Schedule 1 (definition of government

accreditation authority)

Repeal the definition.

27 Subclause 1(1) of Schedule 1 (definition of National

Protocols)

Repeal the definition.

28 Subclause 1(1) of Schedule 1 (definition of non

self-accrediting entity)

Repeal the definition, substitute:

non self-accrediting entity means a body corporate that:

(a)

registered higher education provider; and

(b) has no authorisation from

TEQSA to self-accredit any

course of study that leads to a

higher education award.

29 Subclause 1(1) of Schedule 1 (definition of offering)

Repeal the definition.

30 Subclause 1(1) of Schedule 1 (definition of operating)

Repeal the definition.

31 Subclause 1(1) of Schedule 1 (definition of quality auditing

body)

Repeal the definition.

32 Subclause 1(1) of Schedule 1

Insert:

registered higher education provider has the same meaning as in

the

TEQSA Act.

33 Subclause 1(1) of Schedule 1 (definition of self-accrediting

entity)

Repeal the definition, substitute:

self-accrediting entity means a body corporate that:

(a)

registered higher education provider; and

Other amendments Schedule 2

Amendments about higher education support Part 1

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 23

(b) is authorised by

TEQSA to self-accredit one or more

courses of study that lead to a

higher education award.

34 Subclause 1(1) of Schedule 1

Insert:

TEQSA (short for Tertiary Education Quality and Standards

Agency) means the body established by section 132 of the

TEQSA Act.

35 Subclause 1(1) of Schedule 1

Insert:

TEQSA Act means the Tertiary Education Quality and Standards

Agency Act 2011.

36 Application of amendments

(1)

Section 16-27 of the Higher Education Support Act 2003 (as inserted by

this Division) applies in relation to an application for approval made on

or after this item commences.

(2)

Section 16-40 of the Higher Education Support Act 2003 (as amended

by this Division) applies in relation to an application for approval made

on or after this item commences.

(3)

Section 19-78 of the Higher Education Support Act 2003 (as inserted by

this Division) applies in relation to an event happening before, on or

after this item commences.

(4)

Section 90-1 of the Higher Education Support Act 2003 (as amended by

this Division) applies in relation to an enrolment in a unit of study if the

enrolment commences on or after this item commences.

(5)

Section 104-10 of the Higher Education Support Act 2003 (as amended

by this Division) applies in relation to an enrolment in a unit of study if

the enrolment commences on or after this item commences.

(6)

Section 118-1 of the Higher Education Support Act 2003 (as amended

by this Division) applies in relation to a period of 6 months

commencing on or after this item commences.

Schedule 2 Other amendments

Part 1 Amendments about higher education support

24 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Division 2--Amendments of new law about approvals

Higher Education Support Act 2003

37 Paragraph 16-25(1)(d)

Repeal the paragraph.

38 Paragraphs 16-25(1)(db) and (dc)

Repeal the paragraphs, substitute:

(db) the course of study is an

accredited course in relation to the

body; and

39 Application of amendments

The amendments made by this Division apply in relation to an

application for approval made on or after this item commences.

Division 3--Amendments of old law about approvals

Higher Education Support Act 2003

40 Paragraph 16-25(d)

Repeal the paragraph.

41 Paragraphs 16-25(db) and (dc)

Repeal the paragraphs, substitute:

(db) the course of study is an

accredited course in relation to the

body; and

42 Application of amendments

The amendments made by this Division apply in relation to an

application for approval made on or after this item commences.

Other amendments Schedule 2

Amendments after VET law commences Part 2

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 25

Part 2--Amendments after VET law commences

Tertiary Education Quality and Standards Agency Act 2011

43 Section 5 (definition of vocational education and training

course)

Repeal the definition, substitute:

vocational education and training course means a VET course

(within the meaning of the National Vocational Education and

Training Regulator Act 2011) or a course of a similar kind.

Schedule 3 Transitional provisions

Part 1 Preliminary

26 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Schedule 3--Transitional provisions

Part 1--Preliminary

1 Interpretation

(1)

In this Schedule:

accredited course has the same meaning as in the TEQSA Act.

approved form means the form approved by TEQSA, in writing, for the

purposes of the provision in which the expression occurs.

AUQA means the Australian Universities Quality Agency Limited

(ABN 59 092 938 200).

Australian premises has the same meaning as in the TEQSA Act.

course of study has the same meaning as in the TEQSA Act.

higher education provider has the same meaning as in the TEQSA Act.

overseas course of study has the same meaning as in the TEQSA Act.

overseas higher education award has the same meaning as in the

TEQSA Act.

Panel has the same meaning as in the TEQSA Act.

Provider Category Standards has the same meaning as in the TEQSA

Act.

Provider Course Accreditation Standards has the same meaning as in

the TEQSA Act.

Provider Registration Standards has the same meaning as in the

TEQSA Act.

Qualification Standards has the same meaning as in the TEQSA Act.

registered higher education provider has the same meaning as in the

TEQSA Act.

registration authority means a person or body responsible under a State

or Territory law relating to higher education for:

(a) deciding whether to register a higher education provider

under that law; or

(b) deciding whether to accredit a course of study under that law.

Paragraph (b) does not include a higher education provider authorised to

self-accredit one or more courses of study.

Transitional provisions Schedule 3

Preliminary Part 1

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 27

State or Territory law relating to higher education means a State or

Territory law relating to higher education, but not to the extent that the

law relates to vocational education and training.

TEQSA (short for Tertiary Education Quality and Standards Agency)

means the body established by section 132 of the TEQSA Act.

TEQSA Act means the Tertiary Education Quality and Standards

Agency Act 2011.

Threshold Standards has the same meaning as in the TEQSA Act.

transition time means the time Part 2 of the TEQSA Act commences.

(2)

For the purposes of this Schedule:

(a) a higher education provider is taken to be registered under a

State or Territory law even if the State or Territory law uses

another term to describe registration; and

(b) a higher education provider:

(i) that is established by or under, or recognised by, a law

of the Commonwealth, a State or a Territory; and

(ii) that exists immediately before the transition time;

is taken to be registered immediately before that time under a

State or Territory law relating to higher education; and

paragraph (b) is taken to include the authority to self-accredit

courses of study; and

(d) a course of study is taken to be accredited in relation to a

higher education provider under a State or Territory law

relating to higher education even if the State or Territory law

uses another term to describe accreditation.

Note:

Subparagraph (b)(i) covers a law that specifically establishes, or specifically recognises,

the provider. It does not cover a general law like the Corporations Act 2001 under

which a provider may be established.

(3)

This Schedule relies on:

(a) the Commonwealth's legislative powers under paragraphs

51(xx) and (xxxix), and section 122, of the Constitution; and

(b) any other Commonwealth legislative power to the extent that

the Commonwealth has relied, or relies, on the power to

establish a corporation.

Schedule 3 Transitional provisions

Part 2 Transferring existing State registrations to TEQSA system etc.

28 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Part 2--Transferring existing State registrations to

TEQSA system etc.

Division 1--Transferring existing State registrations etc.

2 State registered provider automatically registered for the

TEQSA Act

(1)

If a higher education provider was, immediately before the transition

time, registered under one or more State or Territory laws relating to

higher education, the provider is taken to be a registered higher

education provider for the purposes of the TEQSA Act.

Note 1: This automatic registration means, for example, that the provider must comply with

conditions imposed from time to time on the registration (see section 24 of that Act).

Note 2: For the meaning of transition time, see subitem 1(1).

(2)

The provider's registration is for the period:

(a) starting at the transition time; and

(b) ending at the later of:

(i) if the provider is covered by a table item in

subitem (3)--the end of the day set out in that table

item; and

(ii) if the provider is not covered by a table item in

subitem (3)--the latest time the provider would cease to

be registered under a State or Territory law referred to

in subitem (1) or, if applicable, subitem 4(1) (ignoring

the enactment of the TEQSA Act); and

(iii) the end of the period specified in the most recent notice

(if any) given under section 37 (about renewals of

registration) of the TEQSA Act in relation to the

registration.

Note 1: This automatic registration may be renewed under Division 3 of Part 3 of the TEQSA

Act.

Note 2: If the provider is covered by a table item in subitem (3), the day set out in that table item

is the day its registration is to end for the purposes of section 35 (about renewing

registration) of the TEQSA Act.

(3)

The table is as follows:

Transitional provisions Schedule 3

Transferring existing State registrations to TEQSA system etc. Part 2

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 29

Last day of automatic registration for certain providers

Item Provider

Last

day

The Australian National University

31 December 2012

The Flinders University of South

Australia

31 December 2012

Monash University

31 December 2012

Murdoch University

31 December 2012

University of Technology, Sydney

31 December 2012

University of the Sunshine Coast

31 December 2012

Victoria University

31 December 2012

Batchelor Institute of Indigenous

Tertiary Education

31 December 2012

Melbourne College of Divinity

31 December 2012

Southern Cross University

31 March 2015

University of Newcastle

30 April 2015

Swinburne University of

Technology

31 May 2015

Griffith University

30 June 2015

Australian Catholic University

31 August 2015

The University of Adelaide

30 September 2015

16 Curtin

University

Technology 31

October

2015

University of Canberra

31 October 2015

University of Notre Dame

31 October 2015

Royal Melbourne Institute of

Technology

31 March 2016

The University of Queensland

31 March 2016

Macquarie University

31 May 2016

The University of Western Australia

31 May 2016

University of Ballarat

30 June 2016

University of Southern Queensland

30 June 2016

University of New England

31 July 2016

University of South Australia

31 August 2016

La Trobe University

30 September 2016

Charles Sturt University

31 October 2016

Bond University

30 April 2017

Schedule 3 Transitional provisions

Part 2 Transferring existing State registrations to TEQSA system etc.

30 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Last day of automatic registration for certain providers

Item Provider

Last

day

The University of Melbourne

31 May 2017

Central Queensland University

31 October 2017

University of Wollongong

31 March 2018

Charles Darwin University

31 May 2018

University of Western Sydney

31 May 2018

Deakin University

30 June 2018

James Cook University

30 June 2018

University of New South Wales

30 June 2018

The University of Sydney

31 August 2018

Edith Cowan University

31 October 2018

40 Queensland

University

Technology

31 October 2018

University of Tasmania

31 October 2018

(4)

Paragraph (2)(b) has effect subject to the following provisions of the

TEQSA Act:

(a) subsection 36(3) (about renewing registration) and section 43

(about withdrawing registration);

(b) Division 1 of Part 7 (about cancelling registration and other

administrative sanctions).

Note:

The registration may also end early under paragraph 8(4)(b) (about TEQSA not lifting a

suspension of the registration).

(5)

Subitem (2) applies to the registration instead of section 23 (about

commencement and duration of registration) of the TEQSA Act.

(6)

Subitems (1) and (2) have effect subject to Division 3 (about

suspensions of automatic registrations).

3 Notice of provider category for TEQSA registration

Advance notice of likely provider category

(1)

If it is likely that a higher education provider will be taken to be a

registered higher education provider under subitem 2(1), TEQSA must

give the provider advance notice of the provider category in which the

provider is likely to be registered.

Transitional provisions Schedule 3

Transferring existing State registrations to TEQSA system etc. Part 2

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 31

(2)

TEQSA must give the notice in writing at least 3 months before the

transition time.

Notice of provider category

(3)

TEQSA must, no later than 30 days after the transition time, give the

provider written notice of the provider category in which the provider is

registered.

Note:

Whether the provider is authorised to self-accredit courses of study depends on the

provider's position under the State or Territory law (see Division 5).

(4)

This item applies to the registration instead of section 22 (about

notifications) of the TEQSA Act.

Division 2--Pending review decisions about State

registrations

4 Pending review decisions about State registrations

(1)

A higher education provider is taken to be a registered higher education

provider for the purposes of the TEQSA Act if:

(a) before the transition time:

(i) the provider has applied for review of a decision by a

registration authority; or

(ii) the period for applying for review of a decision by a

registration authority has not ended; and

(b) as a result of a review of that decision, a decision (the State

review decision) is made:

(i) under a State or Territory law relating to higher

education; and

(ii) after the transition time;

that would (ignoring the enactment of the TEQSA Act) result

in the provider being registered under that law; and

State review decision.

Note:

This automatic registration means, for example, that the provider must comply with

conditions imposed from time to time on the registration (see section 24 of that Act).

(2)

If item 2 does not apply to the provider, the provider's registration is for

the period:

(a) starting at the transition time; and

Schedule 3 Transitional provisions

Part 2 Transferring existing State registrations to TEQSA system etc.

32 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

(b) ending at the later of:

(i) the time the provider would cease to be registered under

the relevant State or Territory law (ignoring the

enactment of the TEQSA Act); and

(ii) the end of the period specified in the most recent notice

(if any) given under section 37 (about renewals of

registration) of the TEQSA Act in relation to the

registration.

Note 1: If both item 2 and this item apply to the provider, the provider's registration is for the

period worked out under subitem 2(2).

Note 2: This automatic registration may be renewed under Division 3 of Part 3 of the TEQSA

Act.

(3)

Paragraph (2)(b) has effect subject to the following provisions of the

TEQSA Act:

(a) subsection 36(3) (about renewing registration) and section 43

(about withdrawing registration);

(b) Division 1 of Part 7 (about cancelling registration and other

administrative sanctions).

(4)

Subitem (2) applies to the registration instead of section 23 (about

commencement and duration of registration) of the TEQSA Act.

5 Notice of provider category for TEQSA registration

(1)

TEQSA must give the provider notice of the provider category in which

the provider is registered.

Note:

Whether the provider is authorised to self-accredit courses of study depends on the

provider's position under the State or Territory law (see Division 5).

(2)

TEQSA must give the notice in writing within 30 days after TEQSA is

notified of the State review decision under paragraph 4(1)(c).

(3)

This item applies to the registration instead of section 22 (about

notifications) of the TEQSA Act.

Division 3--Suspended automatic TEQSA registrations

6 Automatic TEQSA registration is suspended

Transitional provisions Schedule 3

Transferring existing State registrations to TEQSA system etc. Part 2

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 33

(1)

This Division applies if, immediately before the transition time, a higher

education provider has a suspended registration under a State or

Territory law relating to higher education (the State registration).

(2)

The provider's registration as a registered higher education provider

because of item 2 (the automatic TEQSA registration) is suspended for

120 days starting at the transition time.

(3)

This suspension does not prevent TEQSA from doing anything under

this Act, or the TEQSA Act, in relation to the registration.

Note:

For example, the provider must still be notified under item 3 of its provider category

and other details of its automatic TEQSA registration.

7 Automatic lifting of suspension if pending review of State

suspension

(1)

The suspension of the provider's automatic TEQSA registration is lifted

if:

(a) before the transition time:

(i) the provider has applied for review of a decision by a

registration authority; or

(ii) the period for applying for review of a decision by a

registration authority has not ended; and

(b) as a result of a review of that decision, a decision (the State

review decision) is made:

(i) under a State or Territory law relating to higher

education; and

(ii) after the transition time;

that would (ignoring the enactment of the TEQSA Act) result

in the suspension of the provider's State registration being

lifted; and

TEQSA, in the approved form, of the State review decision.

(2)

The suspension is lifted on the day the provider notifies TEQSA under

paragraph (1)(c).

8 Lifting suspension if no pending review of State

suspension

(1)

TEQSA must decide whether to lift the suspension of the provider's

automatic TEQSA registration if:

Schedule 3 Transitional provisions

Part 2 Transferring existing State registrations to TEQSA system etc.

34 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

(a) the provider notifies TEQSA, in the approved form and

within 60 days after the transition time, that item 7 cannot

apply to the suspension; or

(b) the suspension is not lifted under item 7 within 60 days after

the transition time.

(2)

TEQSA must make its decision within 30 days after subitem (1) begins

to apply.

(3)

If under subitem (1) TEQSA decides to lift the suspension, TEQSA

must, within 30 days, give the provider written notice of that decision.

Note:

TEQSA may impose conditions on the provider's automatic TEQSA registration in

return for lifting the suspension (see section 32 of the TEQSA Act).

(4)

If under subitem (1) TEQSA decides not to lift the suspension:

(a) TEQSA must, within 30 days, give the provider written

notice of that decision and its reasons for that decision; and

(b) the provider's automatic TEQSA registration ends on the day

specified in the notice given under paragraph (a) (which must

be a day that occurs on or after the date of the notice).

Division 4--Automatic transitional registration for some

overseas providers

9 Automatic transitional registration

(1)

A higher education provider is taken to be a registered higher education

provider for the purposes of the TEQSA Act if:

(a) immediately before the transition time, the provider offers or

confers an overseas higher education award for the

completion of an overseas course of study provided from

Australian premises related to the award; and

(b) immediately before the transition time, the provider is not

required to be registered under a State or Territory law

relating to higher education; and

a notice, in the approved form, requesting that the provider

be taken to be a registered higher education provider because

of this item.

(2)

Division 3 of Part 3 of the TEQSA Act does not apply to this

registration (the transitional registration).

Transitional provisions Schedule 3

Transferring existing State registrations to TEQSA system etc. Part 2

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 35

Note:

The provider cannot apply under the TEQSA Act to have this transitional registration

renewed. Instead, it may apply under Division 1 of Part 3 of the TEQSA Act for

registration under that Part.

10 Notice of provider category for transitional registration

Advance notice of likely provider category

(1)

If TEQSA receives the higher education provider's notice under

paragraph 9(1)(c) at least 60 days before the transition time, the TEQSA

must give the provider advance notice of:

(a) the likely provider category for the likely transitional

registration; and

(b) whether the provider is likely to be able to self-accredit one

or more courses of study.

(2)

TEQSA must give the notice in writing no later than 30 days after it

receives the provider's notice under paragraph 9(1)(c).

Notice of provider category

(3)

TEQSA must, no later than 30 days after the transition time, give the

higher education provider written notice of:

(a) the provider category for the transitional registration; and

(b) whether the provider may self-accredit one or more courses

of study.

(4)

This item applies to the transitional registration instead of section 22

(about notifications) of the TEQSA Act.

11 Commencement and duration of transitional registration

Provider applies for ongoing registration

(1)

Subitem (2) applies to the higher education provider if, within 120 days

after the transition time, the provider:

(a) applies for registration under section 18 of the TEQSA Act;

and

(b) continues with that application under section 20 of that Act.

(2)

The provider's transitional registration is for the period:

(a) starting at the transition time; and

Schedule 3 Transitional provisions

Part 2 Transferring existing State registrations to TEQSA system etc.

36 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

(b) ending when TEQSA notifies the provider, under section 22

of the TEQSA Act, of TEQSA's decision to grant or reject

the application.

Provider does not apply for ongoing registration

(3)

If subitem (2) does not apply to the higher education provider, the

provider's transitional registration is for the period:

(a) starting at the transition time; and

(b) ending 120 days after the transition time.

(4)

Paragraphs (2)(b) and (3)(b) have effect subject to Division 1 of Part 7

(about cancelling registration and other administrative sanctions).

(5)

This item applies to the transitional registration instead of section 23

(about commencement and duration of registration) of the TEQSA Act.

Division 5--Transferring an authorisation to self-accredit

courses of study

12 Transferring an authorisation to self-accredit courses of

study

(1)

A registered higher education provider's registration arising under

Division 1 includes the authority to self-accredit one or more courses of

study if, immediately before the transition time, the provider's

corresponding registration under a State or Territory law relating to

higher education included a similar authority.

(2)

A registered higher education provider's registration arising under

Division 2 includes the authority to self-accredit one or more courses of

study if the State review decision (as described in paragraph 4(1)(b))

would (ignoring the enactment of the TEQSA Act) have resulted in the

provider being authorised to self-accredit those courses of study.

(3)

Nothing in this item prevents an authorisation to self-accredit one or

more courses of study from being restricted or removed under the

TEQSA Act.

Division 6--No inference that Standards met

13 No inference that Standards met

Schedule 3 Transitional provisions

Part 3 Pending applications for State registration or re-registration

38 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Part 3--Pending applications for State registration or

re-registration

14 Deciding pending applications for State registration or

re-registration

If:

(a) before the transition time, a higher education provider applies

to a registration authority for registration, or re-registration,

under a State or Territory law relating to higher education;

and

(b) the registration authority does not decide the application

before the transition time; and

the provider in the approved form, notifies TEQSA of the

undecided application;

TEQSA must make a decision under section 21 of the TEQSA Act to

grant or reject the application.

15 TEQSA Act operates in a modified way for TEQSA's

consideration of the application

(1)

The TEQSA Act has effect in relation to the application with the

changes described in this item.

(2)

The application is taken to be made under section 18 of the TEQSA Act

if and when TEQSA receives from the provider:

(a) all information, documents and assistance about the

application that TEQSA requests; and

(b) so much as TEQSA requires of the fee determined under the

TEQSA Act for a preliminary assessment under Part 3 of that

Act.

(3)

The TEQSA Act has effect as if the following changes were made:

Changes to be made for the application

Item In

this

provision ...

a reference to ...

is a reference to ...

1 subsection

19(3)

of the TEQSA

the preliminary assessment

application fee

the required payment

described in

Transitional provisions Schedule 3

Pending applications for State registration or re-registration Part 3

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 39

Changes to be made for the application

Item In

this

provision ...

a reference to ...

is a reference to ...

Act paragraph

(2)(b)

section 21 of the

TEQSA Act

12 months

6 months

16 Automatic transitional TEQSA registration while TEQSA

considers pending application for re-registration

(1)

If the application mentioned in paragraph 14(a) was for re-registration,

the provider is taken to be a registered higher education provider for the

purposes of the TEQSA Act.

Note:

This automatic registration means, for example, that the provider must comply with

conditions imposed from time to time on the registration (see section 24 of that Act).

(2)

The provider's registration is for the period:

(a) starting at the transition time; and

(b) ending when TEQSA notifies the provider, under section 22

of the TEQSA Act, of TEQSA's decision to grant or reject

the application.

(3)

TEQSA must give the provider written notice of the following matters

within 30 days after being notified of the application under paragraph

14(c):

(a) the provider category in which the provider is registered;

(b) whether the provider may self-accredit one or more courses

of study.

(4)

Paragraph (2)(b) has effect subject to Division 1 of Part 7 (about

cancelling registration and other administrative sanctions).

(5)

Division 3 of Part 3 of the TEQSA Act does not apply to a registration

that exists because of this item.

Note:

The provider cannot apply under the TEQSA Act to have this transitional registration

renewed.

(6)

This item applies to the registration instead of sections 22 and 23 of the

TEQSA Act.

17 Consequences if fees already paid to registration

authority

Transitional provisions Schedule 3

Transferring existing State accreditations to TEQSA system etc. Part 4

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 41

Part 4--Transferring existing State accreditations to

TEQSA system etc.

Division 1--Transferring existing State accreditations

etc.

18 State accredited courses automatically accredited for the

TEQSA Act

(1)

This Division applies in relation to each course of study that,

immediately before the transition time, was accredited:

(a) by one or more registration authorities under State or

Territory laws relating to higher education; and

(b) in relation to an entity that, because of Division 1 or 2 of

Part 2, becomes a registered higher education provider for the

purposes of the TEQSA Act.

(2)

The course of study is taken to be course accredited by TEQSA in

relation to the provider for the purposes of the TEQSA Act.

Note 1: This means, for example, that the provider must comply with conditions imposed from

time to time on the accreditation (see section 52 of that Act).

Note 2: This Division does not apply to those providers authorised to self-accredit courses of

study. An authority to self-accredit under a State or Territory law is automatically

transferred under item 12 (see also paragraph 1(2)(c)).

(3)

The accreditation of the course of study is for the period:

(a) starting at the transition time; and

(b) ending at the later of:

(i) the latest time the course of study would cease to be

accredited under a State or Territory law referred to in

subitem (1) or, if applicable, subitem 19(1) (ignoring the

enactment of the TEQSA Act); and

(ii) the end of the period specified in the most recent notice

(if any) given under section 57 (about renewals of

accreditation) of the TEQSA Act in relation to the

accreditation.

Note:

This automatic accreditation may be renewed under Division 4 of Part 4 of the TEQSA

Act.

(4)

Paragraph (3)(b) has effect subject to the following:

Schedule 3 Transitional provisions

Part 4 Transferring existing State accreditations to TEQSA system etc.

42 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

(a) the accreditation ends immediately if the provider ceases to

be registered as a registered higher education provider;

(b) subsection 56(3) (about renewing accreditation) of the

TEQSA Act;

administrative sanctions) of the TEQSA Act.

Note:

The accreditation may also end early under paragraph 22(4)(b) (about TEQSA not

lifting a suspension of the accreditation).

(5)

Subitem (3) applies to the accreditation instead of section 51 (about

commencement and duration of accreditation) of the TEQSA Act.

(6)

Subitems (2) and (3) have effect subject to Division 3 (about

suspensions of automatic accreditations).

Division 2--Pending review decisions about State

accreditations

19 Pending review decisions about State accreditations

(1)

A course of study is taken to be accredited by TEQSA, in relation to a

higher education provider, for the purposes of the TEQSA Act if:

(a) before the transition time:

(i) the provider has applied for review of a decision by a

registration authority; or

(ii) the period for applying for review of a decision by a

registration authority has not ended; and

(b) as a result of a review of that decision, a decision (the State

review decision) is made:

(i) under a State or Territory law relating to higher

education; and

(ii) after the transition time;

that would (ignoring the enactment of the TEQSA Act) result

in the course of study being accredited under that law; and

State review decision.

Note 1: This automatic accreditation means, for example, that the provider must comply with

conditions imposed from time to time on the accreditation (see section 52 of that Act).

Note 2: This Division does not apply to those providers authorised to self-accredit courses of

study. An authority to self-accredit under a State or Territory law is automatically

transferred under item 12 (see also paragraph 1(2)(c)).

Transitional provisions Schedule 3

Transferring existing State accreditations to TEQSA system etc. Part 4

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 43

(2)

If item 18 does not apply in relation to the course of study, the

accreditation of the course of study is for the period:

(a) starting at the transition time; and

(b) ending at the later of:

(i) the time the course of study would cease to be

accredited under the relevant State or Territory law

(ignoring the enactment of the TEQSA Act); and

(ii) the end of the period specified in the most recent notice

(if any) given under section 57 (about renewals of

accreditation) of the TEQSA Act in relation to the

accreditation.

Note 1: If both item 18 and this item apply in relation to the course of study, its accreditation is

for the period worked out under subitem 18(3).

Note 2: This automatic accreditation may be renewed under Division 4 of Part 4 of the TEQSA

Act.

(3)

Paragraph (2)(b) has effect subject to the following:

(a) the accreditation ends immediately if the provider ceases to

be registered as a registered higher education provider;

(b) subsection 56(3) (about renewing accreditation) of the

TEQSA Act;

administrative sanctions) of the TEQSA Act.

(4)

Subitem (2) applies to the accreditation instead of section 51 (about

commencement and duration of accreditation) of the TEQSA Act.

Division 3--Suspended automatic TEQSA accreditations

20 Automatic TEQSA accreditation is suspended

(1)

This Division applies if, immediately before the transition time, a

course of study has a suspended accreditation (the State accreditation):

(a) by a registration authority under a State or Territory law

relating to higher education; and

(b) in relation to an entity that, because of Division 1 or 2 of

Part 2, becomes a registered higher education provider for the

purposes of the TEQSA Act.

Schedule 3 Transitional provisions

Part 4 Transferring existing State accreditations to TEQSA system etc.

44 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

(2)

The course of study's accreditation because of item 18 in relation to the

provider (the automatic TEQSA accreditation) is suspended for 120

days starting at the transition time.

(3)

This suspension does not prevent TEQSA from doing anything under

this Act, or the TEQSA Act, in relation to the accreditation.

21 Automatic lifting of suspension if pending review of State

suspension

(1)

The suspension of the course of study's automatic TEQSA accreditation

is lifted if:

(a) before the transition time:

(i) the provider has applied for review of a decision by a

registration authority; or

(ii) the period for applying for review of a decision by a

registration authority has not ended; and

(b) as a result of a review of that decision, a decision (the State

review decision) is made:

(i) under a State or Territory law relating to higher

education; and

(ii) after the transition time;

that would (ignoring the enactment of the TEQSA Act) result

in the suspension of the State accreditation being lifted; and

TEQSA, in the approved form, of the State review decision.

(2)

The suspension is lifted on the day the provider notifies TEQSA under

paragraph (1)(c).

22 Lifting suspension if no pending review of State

suspension

(1)

TEQSA must decide whether to lift the suspension of the course of

study's automatic TEQSA accreditation if:

(a) the provider notifies TEQSA, in the approved form and

within 60 days after the transition time, that item 21 cannot

apply to the suspension; or

(b) the suspension is not lifted under item 21 within 60 days after

the transition time.

Transitional provisions Schedule 3

Transferring existing State accreditations to TEQSA system etc. Part 4

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 45

(2)

TEQSA must make its decision within 30 days after subitem (1) begins

to apply.

(3)

If under subitem (1) TEQSA decides to lift the suspension, TEQSA

must, within 30 days, give the provider written notice of that decision.

Note:

TEQSA may impose conditions on the automatic TEQSA accreditation in return for

lifting the suspension (see section 53 of the TEQSA Act).

(4)

If under subitem (1) TEQSA decides not to lift the suspension:

(a) TEQSA must, within 30 days, give the provider written

notice of that decision and its reasons for that decision; and

(b) the automatic TEQSA accreditation ends on the day specified

in the notice given under paragraph (a) (which must be a day

that occurs on or after the date of the notice).

Division 4--No inference that Standards met

23 No inference that Standards met

An inference that a course of study meets the Provider Course

Accreditation Standards is not to be made only because the course of

study is taken to be accredited because of this Part.

Schedule 3 Transitional provisions

Part 5 Pending applications for State accreditation or re-accreditation

46 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Part 5--Pending applications for State accreditation

or re-accreditation

24 Deciding pending applications for State accreditation or

re-accreditation

If:

(a) before the transition time, a higher education provider applies

to a registration authority for accreditation, or

re-accreditation, of a course of study under a State or

Territory law relating to higher education; and

(b) the registration authority does not decide the application

before the transition time; and

the provider in the approved form, notifies TEQSA of the

undecided application;

TEQSA must make a decision under section 49 of the TEQSA Act to

grant or reject the application.

25 TEQSA Act operates in a modified way for TEQSA's

consideration of the application

(1)

The TEQSA Act has effect in relation to the application with the

changes described in this item.

(2)

The application is taken to be made under section 46 of the TEQSA Act

if and when TEQSA receives from the provider:

(a) all information, documents and assistance about the

application that TEQSA requests; and

(b) so much as TEQSA requires of the fee determined under the

TEQSA Act for a preliminary assessment under Part 4 of that

Act.

(3)

The TEQSA Act has effect as if the following changes were made:

Changes to be made for the application

Item In

this

provision ...

a reference to ...

is a reference to ...

1 subsection

47(2)

of the TEQSA

the preliminary assessment

application fee

the required payment

described in

Transitional provisions Schedule 3

Pending applications for State accreditation or re-accreditation Part 5

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 47

Changes to be made for the application

Item In

this

provision ...

a reference to ...

is a reference to ...

Act paragraph

(2)(b)

section 49 of the

TEQSA Act

12 months

6 months

26 Automatic transitional TEQSA accreditation while TEQSA

considers pending application for re-accreditation

(1)

If the application mentioned in paragraph 24(a) was for re-accreditation,

the course of study is taken to be accredited by TEQSA, in relation to

the provider, for the purposes of the TEQSA Act.

Note:

This automatic accreditation means, for example, that the provider must comply with

conditions imposed from time to time on the accreditation (see section 52 of that Act).

(2)

The accreditation is for the period:

(a) starting at the transition time; and

(b) ending when TEQSA notifies the provider, under section 50

of the TEQSA Act, of TEQSA's decision to grant or reject

the application.

(3)

Paragraph (2)(b) has effect subject to the following:

(a) the accreditation ends immediately if the provider ceases to

be registered as a registered higher education provider;

(b) Division 1 of Part 7 (about cancelling accreditation and other

administrative sanctions) of the TEQSA Act.

(4)

Division 4 of Part 4 of the TEQSA Act does not apply to an

accreditation that exists because of this item.

Note:

The provider cannot apply under the TEQSA Act to have this transitional accreditation

renewed.

(5)

This item applies to the accreditation instead of sections 50 and 51 of

the TEQSA Act.

27 Consequences if fees already paid to registration

authority

If the provider has paid a fee to the registration authority for the

application mentioned in paragraph 24(a), TEQSA may waive all or

part of any fee payable under the TEQSA Act for the application.

Schedule 3 Transitional provisions

Part 6 Making the first Threshold Standards

48 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Part 6--Making the first Threshold Standards

28 Relevant Threshold Standards

(1)

For each of the Threshold Standards described in subitem (2), this Part

applies if:

(a) the Minister proposes to make standards of that kind under

section 58 of the TEQSA Act; and

(b) standards of that kind have not previously been made under

that section.

(2)

The relevant standards are as follows:

(a) the Provider Registration Standards;

(b) the Provider Category Standards;

(d) the Qualification Standards.

29 Making the first of those Threshold Standards

(1)

Subsections 58(3) and (4) of the TEQSA Act do not apply in relation to

the making of the proposed standards.

Note:

Those subsections will apply each later time the Minister proposes to vary, revoke or

remake those standards.

(2)

Before making the proposed standards, the Minister must:

(a) consult each of the following parties about the proposed

standards:

(i) the Council consisting of the Ministers for the

Commonwealth and each State and Territory

responsible for higher education;

(ii) the Minister administering the Australian Research

Council Act 2001;

(iii)

TEQSA;

(iv) any other interested parties; and

(b) have regard to any representations received from those

parties.

(3)

If the proposed standards are made, the Panel must start to review them

within the first year of the Panel's operation.

Transitional provisions Schedule 3

Audits Part 7

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 49

Part 7--Audits

30 TEQSA is to complete AUQA audits etc.

(1)

For the purposes of the Higher Education Support Act 2003:

(a) TEQSA may complete an audit of a higher education

provider that AUQA started before the time (the changeover

time) section 3 of the TEQSA Act commences; and

(b) TEQSA may audit a higher education provider if AUQA had,

before the changeover time, scheduled the audit to be carried

out during 2011 or 2012.

(2)

Subitem (3) applies if, before the changeover time, a thing was done by,

or in relation to, AUQA for an audit covered by subitem (1).

(3)

For the purposes of the Higher Education Support Act 2003, the thing is

taken, after the changeover time, to have been done by, or in relation to,

TEQSA.

(4)

The Minister may, by writing, determine that subitem (3) does not apply

in relation to a specified thing done by, or in relation to, AUQA.

(5)

To avoid doubt, doing a thing includes making an instrument.

(6)

A determination under subitem (4) is not a legislative instrument.

(7)

To avoid doubt, TEQSA may carry out a quality assessment or

compliance assessment of a registered higher education provider under

the TEQSA Act at any time even if this item applies in relation to the

provider.

Schedule 3 Transitional provisions

Part 8 Review of decisions

50 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Part 8--Review of decisions

31 Rights of review of certain decisions

The following decisions of TEQSA are taken to be reviewable decisions

for the purposes of Part 10 of the TEQSA Act:

(a) a decision under subitem 3(3), 5(1), 10(3) or 16(3) about the

provider category in which a higher education provider will

be registered;

(b) a decision under subitem 8(1) not to lift a suspension of a

higher education provider's registration;

education provider cannot self-accredit one or more courses

of study;

(d) a decision under item 17 or 27 to refuse to waive all or part

of a fee;

(e) a decision under subitem 22(1) not to lift a suspension of the

accreditation of a course of study.

Note:

Part 10 of the TEQSA Act also allows review of TEQSA's decisions under that Act that

relate to this Schedule. For example, internal and AAT review could be sought of a

decision under section 32 of that Act to impose a condition on an automatic registration

arising under Part 2 of this Schedule.

Transitional provisions Schedule 3

Transfer of records Part 9

Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011 51

Part 9--Transfer of records

32 Transferring records to TEQSA

(1)

This item applies to any records or documents:

(a) that relate to a higher education provider to whom this

Schedule applies; and

(b) that are in the custody of a registration authority before or

after the transition time.

(2)

TEQSA may request the registration authority to give it a copy of the

records or documents.

(3)

The registration authority may comply with the request.

Schedule 3 Transitional provisions

Part 10 Miscellaneous

52 Tertiary Education Quality and Standards Agency (Consequential Amendments and

Transitional Provisions) Bill 2011 No. , 2011

Part 10--Miscellaneous

33 Transitional regulations

The Governor-General may make regulations prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to:

(a) the enactment of the TEQSA Act; or

(b) the amendments or repeals made by this Act.

Commonwealth of Australia Bills

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2011