Federal Register of Legislation - Australian Government

Primary content

Guides & Guidelines as made
This instrument sets out the Commonwealth authorities and the State or Territory authorities to which the Tertiary Education Quality and Standards Agency (TEQSA) may disclose higher education information under section 189 and under section 194 of the Tertiary Education Quality and Standards Agency Act (TEQSA Act).
Administered by: Education, Skills and Employment
Registered 31 May 2017
Tabling HistoryDate
Tabled HR01-Jun-2017
Tabled Senate13-Jun-2017

EXPLANATORY STATEMENT

 

Tertiary Education Quality and Standards Agency

(Information) Guidelines 2017

 

 

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

 

 

Subject:                    Tertiary Education Quality and Standards Agency

(Information) Guidelines 2017

 

 

Authority

 

Section 204 of the Tertiary Education Quality and Standards Agency Act 2011 (the Act) allows TEQSA to make, by legislative instrument, Information Guidelines.

 

 

 

Purpose and Description of the provisions

 

The purpose of the instrument is to set out the Commonwealth authorities and the State or Territory authorities to which the Tertiary Education Quality and Standards Agency (TEQSA) may disclose higher education information under sections 189 and 194 of the Act.

Under section 189, TEQSA can disclose higher education information to the authorities listed in the Information Guidelines if:

 

  1. The information relates to an offence or possible offence, against the Act, the Act’s associated provisions or the Education Services for Overseas Students Act 2000;

 

  1. The information that relates to a contravention, or possible contravention, of:

                                          i.     the Act; or

                                        ii.    the Education Services for Overseas Students Act 2000; or

                                       iii.    the Higher Education Support Act 2003; or

                                       iv.    legislative instruments made under any of those Acts.

 

TEQSA can disclose higher education information to the authorities listed in the Information Guidelines under section 194 if TEQSA is satisfied that the disclosure is necessary to enable or assist the authority to perform or exercise any of the authority’s functions or powers.

Section 5 of the Information Guidelines states that TEQSA can share higher education information under sections 194 and 189 with the authorities listed in Schedule A.

Items 1 - 61 of Schedule A contain profession-specific Commonwealth, State or Territory authorities.

 

Items 62 - 115 of Schedule A contain authorities with a broader public interest remit.

 

The amendments made by this instrument remove the Overseas Student Ombudsman from Schedule A; given it is part of the Commonwealth Ombudsman which is already in Schedule A.  This instrument also adds additional Commonwealth, State or Territory authorities to the schedule.

 

Consultation

 

The draft Tertiary Education Quality and Standards Agency (Information) Guidelines 2013 (2013 Guidelines) and an accompanying consultation paper were published on TEQSA’s website (http://www.teqsa.gov.au/news-publications/current-consultations) on 1 March 2013. TEQSA sought and received submissions on the draft 2013 Guidelines. These submissions have been summarised in the Explanatory Statement to the 2013 Guidelines along with TEQSA’s response to the issues that they raised.

 

In addition to the above, TEQSA has also taken into account ongoing feedback from government bodies to identify any new agencies or departments that should be added to the Tertiary Education Quality and Standards Agency (Information) Guidelines 2017.

Due to the above, TEQSA did not see a need to consult further on these guidelines.

 

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

 

Tertiary Education Quality and Standards Agency

(Information) Guidelines 2017

 

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 Commonwealth authorities and the State or Territory authorities to which the Tertiary Education Quality and Standards Agency (TEQSA) may disclose higher education information under section 189 and 194 of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act).

 

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

 

 

________________________           

Professor Cliff Walsh

Commissioner

 

 

 

 

 

 

 

________________________                             

Dr Linley Martin

Commissioner

 

 

Tertiary Education Quality and Standards Agency