Commonwealth Coat of Arms of Australia

Higher Education Standards Framework (Threshold Standards) 2021

made under section 58(1) of the

Tertiary Education Quality and Standards Agency Act 2011

Compilation No. 1 

Compilation date: 9 December 2021

Includes amendments up to: F2021L01731

 

 

 

Prepared by the Department of Education, Skills and Employment, Canberra

About this compilation

This compilation

This is a compilation of the Tuition Protection (Up-front Payments Guidelines) 2020 that shows the text of the law as amended and in force on 25/12/2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

   

 

1  Name

  This instrument is the Higher Education Standards Framework (Threshold Standards) 2021.

3  Authority

  This instrument is made under subsection 58(1) of the Tertiary Education Quality and Standards Agency Act 2011.

4  The Higher Education Standards Framework

 (1) The Higher Education Standards Framework (the Framework) is established by section 58 of the TEQSA Act.

 (2) The Framework comprises:

 (a) the Threshold Standards made under paragraph 58(1)(a) of the TEQSA Act, and

 (b) any other standards made under paragraph 58(1)(b) of the TEQSA Act.

5  Effect of this instrument

 (1) This instrument sets out the Threshold Standards against which the quality of education can be assessed for the purposes of paragraph 58(1)(a) of the TEQSA Act.

 (2) The Threshold Standards under paragraph 58(1)(a) of the TEQSA Act are set out in Schedule 1.

6  Provider categories

  For the purposes of the definition of provider category in section 5 of the TEQSA Act, the provider categories listed are:

 (a) Institute of Higher Education

 (b)  University College

 (c)  Australian University, and

 (d)  Overseas University.

Schedule 1: Higher Education Threshold Standards

 

TABLE OF CONTENTS

Higher Education Threshold Standards

Definitions  

PART A: Standards for Higher Education

1 Student Participation and Attainment

1.1 Admission

1.2 Credit and Recognition of Prior Learning

1.3 Orientation and Progression

1.4 Learning Outcomes and Assessment

1.5 Qualifications and Certification

2 Learning Environment

2.1 Facilities and Infrastructure

2.2 Diversity and Equity

2.3 Wellbeing and Safety

2.4 Student Grievances and Complaints

3 Teaching

3.1 Course Design

3.2 Staffing

3.3 Learning Resources and Educational Support

4 Research and Research Training

4.1 Research

4.2 Research Training

5 Institutional Quality Assurance

5.1 Course Approval and Accreditation

5.2 Academic and Research Integrity

5.3 Monitoring, Review and Improvement

5.4 Delivery with Other Parties

6 Governance and Accountability

6.1 Corporate Governance

6.2 Corporate Monitoring and Accountability

6.3 Academic Governance

7 Representation, Information and Information Management

7.1 Representation

7.2 Information for Prospective and Current Students

7.3 Information Management

PART B: Criteria for Higher Education Providers

B1 Criteria for Higher Education Provider Categories

B2 Criteria for Seeking Self-Accrediting Authority

B3 Transitional Standards

Higher Education Threshold Standards

The Threshold Standards comprise:

 

These Standards represent the minimum acceptable requirements for the provision of higher education in or from Australia by higher education providers registered under the TEQSA Act.

 

These criteria enable categorisation of different types of higher education providers according to certain characteristics; and whether a provider is responsible for self-accreditation of a course(s) of study it delivers.

 

Definitions

In this instrument:

Academic freedom has the same meaning as in Schedule 1 of the Higher Education Support Act 2003.

Australian higher education qualification has the same meaning as Australian higher education award in section 5 of the TEQSA Act.

Higher education qualification has the same meaning as Higher education award in section 5 of the TEQSA Act and includes the qualifications listed in Table 1 below, other than an award at an equivalent level in the Australian Qualifications Framework (AQF) that is offered or conferred for completion of a vocational education and training course:
 

Table 1 – Australian Higher Education Qualifications

AQF level

Qualification

5

Diploma

6

Advanced Diploma

6

Associate Degree

7

Bachelor Degree

5–7 #

Undergraduate Certificate

8

Bachelor Honours Degree

8

Graduate Certificate *

8

Graduate Diploma *

9

Masters Degree (Coursework) *

9

Masters Degree (Extended) *

9

Masters Degree (Research) *

10

Doctoral Degree (Professional) *

10

Doctoral Degree (Research) *

10

Higher Doctoral Degree *

*  Higher Degrees’, also known as ‘postgraduate degrees/qualifications’

‘Higher Degrees by Research’

# Undergraduate Certificate is not allocated to a single AQF level but recognises completion
    of a short course equivalent to 0.5 Effective Full Time Study Load (EFTSL) toward an
    existing qualification at AQF levels 5-7.

Overseas higher education qualification has the same meaning as overseas higher education award in section 5 of the TEQSA Act.

TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.

TEQSA means the Tertiary Education Quality and Standards Agency.

Note: A number of other expressions used in this instrument are defined in section 5 of the TEQSA Act, including the following:

(a) accredited course

(c) Australian Qualifications Framework

(d) course of study

(e) fit and proper person

(g) higher education provider

(i) provider category

(j) Threshold Standards, and

(k) unit of study.

 


PART A: Standards for Higher Education

1              Student Participation and Attainment

 

 

 

 

 

2              Learning Environment

 

 

 

 

3              Teaching

 

 

 

4              Research and Research Training 

 

 

5              Institutional Quality Assurance

 

 

 

 

6              Governance and Accountability

 

 

7              Representation, Information and Information Management

 

 


PART B: Criteria for Higher Education Providers

B1 Criteria for Higher Education Provider Categories

All providers of higher education must meet the requirements of Part A and satisfy the requirements set out under the ‘Institute of Higher Education’ category in order to gain registration by TEQSA.

 

Higher education providers may seek approval within a particular provider category under subsection 18(1) (applying for registration) or section 38 (change of category) of the TEQSA Act. The four provider categories are:

 

The provider category of each higher education provider will be detailed on the National Register of Higher Education Providers (administered by TEQSA).

 

B1.1 ‘Institute of Higher Education’ Category

 

A higher education provider registered in the category offers an Australian higher education qualification and/or an overseas higher education qualification.

  1. The higher education provider meets the requirements of Part A, has a clearly articulated higher education purpose that includes a commitment to freedom of speech and academic freedom, and offers at least one accredited course of study.
  2. The higher education provider’s academic and teaching staff are active in scholarship that informs their teaching, and active in research when engaged in research student supervision, supported by the provider.
  3. The higher education provider features its TEQSA Provider Identification and provider category on relevant public material.

 

B1.2 ‘University College’ Category

 

A higher education provider registered in the category offers an Australian higher education qualification and/or an overseas higher education qualification.

 

The higher education provider:

  1. satisfies the criteria for the ‘Institute of Higher Education’ category
  2. demonstrates a mature level of development and a track record of compliance against each applicable criterion B1.2.3-10 below
  3. has authority to self-accredit at least 70 per cent of its total courses of study, at the time of application to TEQSA
  4. has a history of at least five years of successful delivery with strong student outcomes. Student outcomes can be measured against a variety of sources acceptable to TEQSA
  5. has mature and advanced processes for the design, delivery, accreditation, monitoring, quality assurance, review and improvement of courses of study, and the maintenance of academic integrity
  6. demonstrates systematic support for scholarship and demonstrates scholarly activities and outcomes that inform teaching, learning, and professional practice, and make a contribution to the advancement and dissemination of knowledge
  7. identifies and implements good practices and advances in teaching and learning, and shares those practices with the higher education sector more broadly
  8. has sufficient depth of academic leadership and expertise, in the fields of education it delivers, to guide teaching, learning, and academic governance
  9. demonstrates engagement with employers, industry, and the professions in the areas in which it offers courses of study. This engagement may include, but is not limited to, curriculum development, workintegrated learning, and research partnerships
  10. in the fields of education in which it offers courses of study, demonstrates civic leadership through engagement with its communities and a commitment to social responsibility
  11. is not required to position itself to apply for registration in the Australian University category, but may elect to do so, and
  12. if it chooses to use the ‘University College’ title, must use it in full, and not abbreviate it to ‘University’.

Note: Providers registered in this category do not need to adopt the ‘University College’ branding if the name does not suit their mission or purpose.

 

Criteria for establishing a greenfield ‘University College’

 

The newly established (i.e. ‘greenfield’) higher education provider:

13.   satisfies the criteria for the 'Institute of Higher Education' category

14.   provides strong evidence of financial backing necessary to sustain a greenfield ‘University College’ during start-up (at least the first five years)

15.   has clear and credible policies, plans and procedures to meet the criteria B1.2.1-12 in the ‘University College’ category within five years from the commencement of teaching

16.   has realistic and achievable plans to comply fully with the ‘Australian University’ category standard within ten years from the commencement of teaching, and

17.   engages in a period of sponsorship or mentoring by an existing registered ‘Australian University’ category provider or equivalent alternative arrangement agreed by TEQSA.

Greenfield time limit

18.   If, within ten years from the commencement of teaching the entity does not seek and achieve registration in the ‘Australian University’ category, the entity may:

  1. only continue to be registered as a ‘University College’ category provider if it meets all criteria B1.2.112 in the ‘University College’ category, or
  2. be registered as an ‘Institute of Higher Education’ if it satisfies all criteria for that category.

Note: Where a newly established higher education provider can demonstrate that it meets all of the requirements of the ‘Australian University’ category, including mature development and a track record of compliance, TEQSA may consider approving direct entry of the new entity to the ‘Australian University’ category if satisfied that the corporate and academic governance arrangements established for the new entity will ensure continued compliance and performance to the required standard for that category. This might be possible in a limited range of circumstances; for example, where a new entity is created through the demerger or disaggregation of a large existing university.

 

B1.3 ‘Australian University’ Category

 

A higher education provider registered in the category offers an Australian higher education qualification.

 

The higher education provider:

  1. satisfies the criteria for the ‘Institute of Higher Education’ category
  2. demonstrates a mature level of development and a track record of compliance against each applicable criterion below
  3. has authority under subsection 45 (1) of the TEQSA Act to self-accredit each course of study that leads to a higher education qualification in all fields of education unless the university has a specialised focus
  4. has the support of the relevant State, Territory or Commonwealth government for its application for registration in the ‘Australian University’ category
  5. self-accredits and delivers undergraduate and postgraduate courses of study in at least three broad (2-digit) fields of education, or one or two broad fields in the case of a university with a specialised focus, and has had at least 75 per cent of these self-accredited courses of study go through at least one cycle of review and improvement by the provider
  6. delivers Doctoral Degrees (Research) in:
    1. at least three, or at least 50 per cent, of the broad (2-digit) fields of education in which it delivers courses of study, whichever is greater, or
    2. all broad (2-digit) fields of education in which it has authority to self-accredit courses of study in the case of a university with a specialised focus
  7. has a history of at least five years of successful delivery with strong student outcomes. Student outcomes can be measured against a variety of sources acceptable to TEQSA
  8. has mature and advanced processes for the design, delivery, accreditation, monitoring, institutional quality assurance, review and improvement of courses of study, and the maintenance of academic integrity
  9. demonstrates systematic support for scholarship and demonstrates scholarly activities and outcomes that inform teaching, learning, and professional practice and make a contribution to the advancement and dissemination of knowledge
  10. identifies and implements good practices and advances in teaching and learning, and shares those practices with the higher education sector more broadly
  11. has breadth and depth of academic leadership and expertise in the fields of education it delivers, to guide teaching, learning, and academic governance
  12. demonstrates engagement with employers, industry, and the professions in areas in which it offers courses of study. This engagement may include, but is not limited to, curriculum development, professional engagement, work-integrated learning, and research partnerships, and
  13. demonstrates strong civic leadership, engagement with its local and regional communities, and a commitment to social responsibility.

 

‘Australian University’ with a specialised focus

 

14.   Where an ‘Australian University’ has self-accrediting authority in only one or two broad (2-digit) fields of education, it is deemed to have a specialised focus.

15.   Where an ‘Australian University’ with a specialised focus delivers courses of study in new broad (2digit) field/s of education, the provider must be successful in seeking authorisation to self-accredit courses of study in the new field/s within ten years from the commencement of those courses of study.

Note: Upon achieving self-accrediting authority in at least three broad (2-digit) fields of education for which Doctoral Degrees (Research) are also delivered, the ‘Australian University’ is no longer deemed to have a specialised focus.

 

Research requirements

 

The undertaking of research that leads to new knowledge and original creative endeavour and research training are fundamental to the status of a higher education provider as an ‘Australian University’.

 

Note: In assessing the research requirements in criteria B1.3.16-19, TEQSA may specify the matters to be considered in a legislative instrument. TEQSA will use existing national research benchmarking exercises where they are applicable. Where they are not applicable, TEQSA will benchmark against standard research indicators.

 

16.   The higher education provider, within ten years after entry to the ‘Australian University’ category, undertakes research at or above one or both of the benchmark standards described in B1.3.19 that leads to the creation of new knowledge and original creative endeavour in:

  1. at least three, or at least 50 per cent, of the broad (2-digit) fields of education in which it delivers courses of study, whichever is greater, or
  2. all broad (2-digit) fields of education in which it has authority to self-accredit, in the case of a university with a specialised focus.
  1. Until the standard set out in criterion B1.3.16 is achieved, the provider undertakes research at or above one or both of the benchmark standards described in B1.3.19 that leads to the creation of new knowledge and original creative endeavour in:
    1. at least three, or at least 30 per cent, of the broad (2-digit) fields of education in which it delivers courses of study, whichever is greater, or
    2. all broad (2-digit) fields of education in which it has authority to self-accredit, in the case of a university with a specialised focus.

Note: Once the standard set out in criterion B1.3.16 is achieved, the provider’s research requirements will thereafter be assessed against that standard and not criterion B1.3.17.

 

18.   Where an ‘Australian University’ provider delivers courses of study in new broad (2digit) field/s of education, the provider may request that those field/s not be considered in the quantum of fields for the purposes of compliance with criteria B1.3.16 and B1.3.17 for a period of no more than ten years from the commencement of those course of study offerings.

19.   The benchmark standards for research are:

  1. research that is ‘world standard’ measured using best practice indicators, and/or
  2. research of national standing in fields specific to Australia, in the case of research that is not easily captured by existing standard indicators.

 

B1.4 ‘Overseas University’ Category

 

The higher education provider delivers at least one overseas higher education qualification in Australia. Its profile in Australia may be an element of its broader international offerings.

 

The higher education provider:

  1. is recognised as a university by its home country registration or accreditation authority or equivalent governmental authority, the standing and standards of which are acceptable to TEQSA, and
  2. meets criteria equivalent to those for the ‘Australian University’ category.

B2 Criteria for Seeking Self-Accrediting Authority

Providers can apply to TEQSA for self-accrediting authority. The types of self-accrediting authority that can be authorised by TEQSA are:

 

A provider that is seeking self-accrediting authority must demonstrate that:

  1. it has consistently maintained compliance with Part A
  2. it has a five year track record of applications for course of study accreditation that have consistently been found by TEQSA to meet Part A, and there are no outstanding conditions imposed on any of the provider’s courses of study
  3. there are no unresolved compliance matters or conditions outstanding from the most recent registration by TEQSA or a recognised registration or accreditation authority. There is also no history of continuing compliance issues in any other assessments, audits, or reviews of its higher education operations conducted by TEQSA, relevant professional bodies (if appropriate) or government agencies, and
  4. it has:
    1. completed at least one cycle of review and improvement in relation to the course(s) of study in which self-accreditation is sought
    2. demonstrated successful implementation of evidence-based improvements arising from the reviews, and
    3. established course review and improvement activities as effective features of the provider’s operations across all courses of study.

 

A provider that is seeking unlimited self-accrediting authority must demonstrate that it:

5.       has mature and advanced processes for the design, delivery, accreditation, monitoring, institutional quality assurance, review and improvement of courses of study, and the maintenance of academic integrity across at least three (2 digit) fields of education.

 

B3 Transitional Standards

B3.1  Transition to new provider categories

 

TEQSA will determine the appropriate provider category for each registered provider to transition to on commencement of this instrument.

 

B3.2  Transitional research requirements for ‘Australian University’ category

 

A provider that is registered in the ‘Australian University’ category after this instrument comes into force, and immediately before the commencement date was in a provider registration category that permitted use of the word ‘university’, must achieve the benchmarks set out in criteria:

from the commencement date of this instrument.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

exp = expires/expired or ceases/ceased to have

reloc = relocated

effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Higher Education Standards Framework (Threshold Standards) 2021

27 April 2021 (F2021L00488)

1 July 2021 (F2021N00125)

 

Tertiary Education Quality and Standards Agency Higher Education Standards Framework Amendment (Threshold StandardsFreedom of Speech and Academic Freedom) 2021

8 December 2021 (F2021L01731)

9 December 2021

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s 48D

Schedule 1

 

Definitions

 

Definitions

am F2021L01731

Part A

 

par 6.1

am F2021L01731

Part B

 

par B1.1

am F2021L01731

par B1.3

am F2021L01731