Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This instrument sets out the period of time within which applications must be made for the purposes of Section 10D of the Education Services for Overseas Students Act 2000. These applications are applications for renewal of registration of providers on the Commonwealth Register of Institutions and Courses for Overseas Students.
Administered by: Education and Training
Made 29 Sep 2016
Registered 05 Oct 2016
Tabled HR 10 Oct 2016
Tabled Senate 10 Oct 2016

EXPLANATORY STATEMENT

 

Education Services for Overseas Students (TEQSA Registration Renewal Application Period) Determination 2016

 

 

Issued by the authority of the Tertiary Education Quality and Standards Agency (TEQSA)

 

 

Subject:                    Education Services for Overseas Students (TEQSA Registration Renewal Application Period) Determination 2016

 

 

Authority

 

Section 10D(4) of the Education Services for Overseas Students Act 2000 (the Act) allows TEQSA to determine, by legislative instrument, the period within which applications under Section 10D must be made.

 

 

Purpose and Description of the provisions

 

The purpose of the instrument is to set out the period of time within which applications under Section 10D of the Act must be made.

 

Under section 10D of the Act, a registered provider may apply to TEQSA to renew the provider’s registration to provide a course or courses at a location or locations to overseas students. Where TEQSA is the ESOS agency for the registered provider, the application must be made to TEQSA and made within the period determined in this legislative instrument pursuant to subsection 10D(3).

 

 

Consultation

 

On 29 August 2016, TEQSA wrote to peak sector organisations to advise that TEQSA was accepting submissions on the Education Services for Overseas Students (TEQSA Registration Renewal Application Period) Determination 2016. TEQSA also published details on how to make a submission to TEQSA on the TEQSA website, with a statement that TEQSA would accept submissions on the Guidelines until 29 August 2016. TEQSA received four submissions during the consultation period, all of which endorsed the draft instrument. TEQSA has had regard to provider’s feedback, changes to the ESOS Act, and procedural fairness for all providers.



Commencement

 

This instrument is a legislative instrument for the purposes of the Legislation Act 2003 and will commence on the day after registration on the Federal Register of Legislation.

Statement of Compatibility with Human Rights

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

 

Education Services for Overseas Students (TEQSA Registration Renewal Application Period) Determination 2016

 

This Legislative Instrument is 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 purpose of the instrument is to set out the period of time within which applications must be made for the purposes of Section 10D of the Education Services for Overseas Students Act 2000. These applications are applications for renewal of registration of providers on the Commonwealth Register of Institutions and Courses for Overseas Students.

 

Human rights implications

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this instrument has an effect on the provision of education services by higher education providers.

 

To the extent that the right to education is engaged, this right is promoted by the Legislative Instrument.

 

Conclusion

This Instrument is compatible with human rights because it advances the protection of human rights.


 

 

_______________________             

Professor Nicholas Saunders  AO

Chief Commissioner

 

 

 

 

________________________           

Emeritus Professor Cliff Walsh

Commissioner

 

 

 

 

 

 

 

 

 

________________________                             

Linley Martin

Commissioner

 

 

 

Tertiary Education Quality and Standards Agency