TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011
Table of Provisions
PART 1--INTRODUCTION
Division 1--Preliminary
Division 2--Objects and simplified outline
Division 3--Definitions
- 5 Definitions
- 6 Meaning of regulated higher education award
- 7 Meaning of vacancy
- 7A Fit and proper person
Division 4--Act excludes State and Territory higher education laws
- 9 Act excludes State and Territory higher education laws
Division 5--General application of this Act
- 10 Crown to be bound
- 11 Application to external Territories and outside Australia
- 12 Geographical jurisdiction of offences
PART 2--BASIC--PRINCIPLES FOR REGULATION
- 13 Basic principles for regulation
- 14 Principle of regulatory necessity
- 15 Principle of reflecting risk
- 16 Principle of proportionate regulation
- 17 Application to authorised officers
PART 3--REGISTRATION
Division 1--Applying for registration
- 18 Applying for registration
- 19 Preliminary assessment of application
- 20 Substantive assessment of application
- 21 Registration
- 22 TEQSA to notify applicant of decision about registration
- 23 Commencement and duration of registration
Division 2--Conditions of registration
- 24 Complying with conditions
- 25 Condition--accredited course
- 25A Condition--fit and proper person
- 26 Condition--courses to be provided consistently with the Threshold Standards
- 26A Condition--compliance with the tuition protection requirements
- 26B Guidelines
- 26C Condition--registered higher education provider charge must be paid
- 27 Condition--financial information must be provided
- 28 Condition--other information must be provided
- 29 Condition--notifying TEQSA of material changes
- 30 Condition--record keeping
- 31 Condition--cooperation
- 32 Other conditions
- 33 Conditions about authority to self - accredit
- 34 TEQSA to notify provider of decision to impose, vary or revoke a condition
Division 3--Renewing registration
- 35 Applying to renew registration
- 36 Renewing registration
- 37 TEQSA to notify provider of decision about renewal
Division 3A--Extension of registration period
- 37A Extension of registration period
Division 4--Changing provider registration category
- 38 Changing provider registration category
- 39 Consultation--change relates to use of "university"
- 40 TEQSA to notify provider of decision
Division 5--Applying to self-accredit
Division 6--Withdrawing registration
PART 4--ACCREDITATION--OF COURSES OF STUDY
Division 1--Accrediting courses of study
- 45 Who can accredit courses of study
Division 2--Applying for accreditation
- 46 Applying for accreditation
- 47 Preliminary assessment of application
- 48 Substantive assessment of application
- 49 Accreditation of course of study
- 50 TEQSA to notify provider of decision about accreditation
- 51 Commencement and duration of accreditation
Division 3--Conditions of accreditation
- 52 Complying with conditions
- 53 Conditions
- 54 TEQSA to notify provider of decision to impose, vary or revoke a condition
Division 4--Renewing accreditation
- 55 Applying to renew accreditation
- 56 Renewing accreditation
- 57 TEQSA to notify provider of decision about renewal
Division 5--Extension of accreditation period
- 57A Extension of accreditation period
PART 5--HIGHER--EDUCATION STANDARDS FRAMEWORK
Division 1--Higher Education Standards Framework
- 58 Making the Higher Education Standards Framework
Division 2--Compliance with the Framework
- 59 Compliance assessments
- 59A Quality of research
- 60 Quality (including thematic) assessments
- 61 Accreditation assessments
- 62 Matters relevant to assessments
PART 5A--TUITION--PROTECTION
Division 1--Preliminary
- 62A What this Part is about
- 62B Application of this Part
- 62C When a provider defaults in relation to a student
Division 2--Tuition Protection
Subdivision A--Obligations of defaulting providers- 62D Providers must give notice of default to Higher Education Tuition Protection Director
- 62E Providers must give notice of default to affected students
- 62F Obligations on providers in case of default
- 62G Failure to discharge obligations
- 62H Providers to notify of outcome of discharge of obligations Subdivision B--Role of the Higher Education Tuition Protection Director
- 62J Student placement service
- 62K When payments must be made from the Higher Education Tuition Protection Fund
- 62L Consequences of payments being made from the Higher Education Tuition Protection Fund
- 62M Notification obligations for payments made from the Higher Education Tuition Protection Fund Subdivision C--Obligations on replacement providers
- 62N Obligations of providers to provide information about replacement courses
- 62P Obligations of replacement providers
- 62Q Obligations of replacement providers regarding enrolment information Subdivision D--Miscellaneous
- 62R Arrangements for payments between providers
- 62S Other tuition protection information must be provided
- 62T Right to refund may be cancelled etc. without compensation
- 62U Continuing application of Part to certain persons
PART 6--INFORMATION--GATHERING AND AUTHORISED OFFICERS
Division 1--Requiring people to give information etc.
- 63 Requiring certain persons to give information etc.
- 64 Contravening requirement to give information etc.
- 65 Copying documents--compensation
- 66 TEQSA may retain documents and things
- 67 Returning documents or things produced
- 68 Disposal if cannot be returned
- 69 Self - incrimination
Division 7--Authorised officers
PART 7--ENFORCEMENT
Division 1A--Simplified outline
- 97 Simplified outline of this Part
Division 1--Administrative sanctions
Subdivision A--Sanctions- 98 Provider is non - compliant
- 99 Sanctions about accredited course
- 100 Shortening period of registration
- 101 Cancelling registration
- 101A TEQSA to notify provider of decision to impose sanction Subdivision B--Other matters
- 102 Automatic cancellation if provider wound up
- 103 Seeking registration after cancellation
Division 2--Offences and civil penalty provisions
- 105 Offering a regulated higher education award if unregistered
- 106 Representing offer of a regulated higher education award if unregistered
- 107 Offering an award without a course of study
- 108 Regulated entity represents itself as university
- 109 Falsely representing entity as a registered higher education provider
- 110 Falsely representing that entity provides a course of study leading to a regulated higher education award
- 111 Falsely representing course of study is accredited
- 112 Providing an unaccredited course of study
- 113 Breach of condition of registration
- 114 Breach of condition of accreditation
- 114A Prohibition on providing etc. academic cheating services
- 114B Prohibition on advertising academic cheating services
- 114C Additional operation of sections 114A and 114B
Division 3--Monitoring
- 115 Monitoring powers
Division 4--Investigation
- 116 Investigation powers
Division 5--Civil penalty provisions
Division 6--Infringement notices
- 118 Infringement notices
Division 7--Enforceable undertakings
- 119 Enforceable undertakings
Division 8--Injunctions
- 127 Injunctions--general
- 127A Injunctions relating to online locations that facilitate provision of, or advertising of, academic cheating services
PART 8--TERTIARY--EDUCATION QUALITY AND STANDARDS AGENCY
Division 1--Establishment, functions and powers of TEQSA
- 132 Establishment
- 133 Constitution
- 134 Functions and powers
- 135 Independence of TEQSA
- 136 Minister may give directions to TEQSA
- 137 TEQSA has privileges and immunities of the Crown
Division 2--Appointment of Commissioners
- 138 Appointment
- 139 Term of appointment
- 140 Remuneration and allowances
- 141 Leave of absence
- 142 Outside employment
- 143 Disclosure of interests to the Minister
- 144 Other terms and conditions
- 145 Resignation
- 146 Termination of appointment
- 147 Acting appointments
Division 3--TEQSA procedures
Subdivision A--Meetings- 148 Times and places of meetings
- 149 Conduct of meetings
- 150 Disclosure of interests Subdivision B--Decisions without meetings
- 151 Decisions without meetings
- 152 Record of decisions
Division 4--Chief Executive Officer
Subdivision A--Office and functions of the Chief Executive Officer- 153 Chief Executive Officer
- 154 Functions and powers of the Chief Executive Officer Subdivision B--Appointment of the Chief Executive Officer
- 154A Appointment of the Chief Executive Officer
- 154B Period of appointment for the Chief Executive Officer
- 154C Acting appointments Subdivision C--Terms and conditions for the Chief Executive Officer
- 154D Remuneration and allowances
- 154E Leave of absence
- 154F Outside employment
- 154G Disclosure of interests to the Minister
- 154H Resignation
- 154J Termination of appointment
- 154K Other terms and conditions Subdivision D--Delegation
- 154L Delegation by the Chief Executive Officer Subdivision E--Directions by Minister
- 155 Minister may give directions to Chief Executive Officer Subdivision F--Other matters
- 155A Chief Executive Officer not subject to direction by TEQSA on certain matters
Division 5--Staff
Division 6--Fees
- 158 Fees
Division 7--Planning
PART 9--HIGHER--EDUCATION STANDARDS PANEL
Division 1--Establishment and functions
- 166 Establishment
- 167 Constitution
- 168 Functions
- 169 Panel has privileges and immunities of the Crown
Division 2--Appointment of Panel members
- 170 Appointment
- 171 Term of appointment
- 172 Remuneration and allowances
- 173 Leave of absence
- 174 Outside employment
- 175 Disclosure of interests to the Minister
- 176 Other terms and conditions
- 177 Resignation
- 178 Termination of appointment
- 179 Acting appointments
Division 3--Panel meetings
PART 10--ADMINISTRATIVE--LAW MATTERS
Division 1--Review of decisions
Subdivision A--Review of TEQSA decisions- 183 Reviewable decisions of TEQSA
- 184 Applying for internal review of reviewable decisions made by delegates of TEQSA
- 185 Internal review by TEQSA
- 186 Deadline for internal review
- 187 Review by the Administrative Appeals Tribunal Subdivision B--Review of tuition protection decisions
- 187A Reviewable decisions relating to tuition protection
- 187B Reviewer of decisions
- 187C Reviewer may reconsider reviewable decisions
- 187D Reconsideration of reviewable decisions on request
- 187E AAT review of reviewable decisions
Division 2--Management of higher education information
Subdivision A--Restriction on disclosure or use of information- 188 Offence of unauthorised disclosure or use of information Subdivision B--Information sharing
- 189 Disclosing information about breaches of regulatory requirements
- 190 Disclosing information about proposed cancellations of registration
- 191 Disclosing information to Tertiary Admission Centres
- 192 Disclosing information to the Minister and Department
- 193 Disclosing information to professional bodies etc.
- 194 Disclosing information to certain government bodies etc.
- 195 Disclosing information under international cooperative arrangements
- 195A Disclosing information to other persons
- 195B Disclosing information to complainants
- 196 Disclosing information to the public
- 197 Information about national security Subdivision C--Higher education student records
- 197AA Higher education student records to be provided to TEQSA
- 197AB TEQSA may request higher education student records
- 197AC Provision of higher education student records to another registered higher education provider
- 197AD TEQSA's management of higher education student records
- 197AE Compensation
Division 3--Management of academic cheating services information
- 197A Offence of unauthorised disclosure or use of academic cheating services information
- 197B Authorised disclosure and use of academic cheating services information
- 197C Obtaining academic cheating services information
- 197D Information about national security
PART 11--NATIONAL--REGISTER OF HIGHER EDUCATION PROVIDERS
- 198 National Register of Higher Education Providers
PART 12--MISCELLANEOUS
- 199 Delegation by TEQSA
- 201 Delegates must comply with directions
- 201A Delegation by Secretary
- 201B Delegation by the Minister
- 202 Protection from criminal or civil actions
- 203 Review of impact of Act
- 203A Review of operation of tuition protection
- 204 Guidelines
- 204A Use of Australian domain names with the word "university" etc.
- 205 Regulations