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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Legislation
Amendment (Provider Category
Standards and Other Measures) Bill
2020
No. , 2020
(Education, Skills and Employment)
A Bill for an Act to amend the law relating to
higher education, and for related purposes
No. , 2020
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Higher education standards and other
amendments
4
Part 1--Higher education standards
4
Tertiary Education Quality and Standards Agency Act 2011
4
Part 2--Other amendments
10
Tertiary Education Quality and Standards Agency Act 2011
10
Schedule 2--Indigenous student assistance grants
16
Higher Education Support Act 2003
16
No. , 2020
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
1
A Bill for an Act to amend the law relating to
1
higher education, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Higher Education Legislation Amendment
5
(Provider Category Standards and Other Measures) Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
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
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 1,
Part 2
The day after this Act receives the Royal
Assent.
4. Schedule 2,
items 1 to 4
The day after this Act receives the Royal
Assent.
5. Schedule 2,
item 5
Immediately after the commencement of the
provisions covered by table item 4.
However, the provision does not commence
at all if Schedule 1 to the
Higher Education
Support Amendment (Job-Ready Graduates
and Supporting Regional and Remote
Students) Act 2020
commences on or before
the day on which the provisions covered by
table item 4 commence.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
No. , 2020
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1
Higher education standards and other amendments
Part 1
Higher education standards
4
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
No. , 2020
Schedule 1--Higher education standards and
1
other amendments
2
Part 1--Higher education standards
3
Tertiary Education Quality and Standards Agency Act 2011
4
1 Section 4
5
Omit:
6
•
Registered higher education providers must have their courses
7
of study accredited before those courses can be provided in
8
connection with regulated higher education awards. Some
9
providers (including Australian universities registered in the
10
Australian university provider category) are authorised to
11
self-accredit their courses of study.
12
substitute:
13
•
Registered higher education providers must have their courses
14
of study accredited before those courses can be provided in
15
connection with regulated higher education awards. Some
16
providers (including those providers registered in the
17
"Australian University" provider category) are authorised to
18
self-accredit some or all of their courses of study.
19
2 Section 5 (definition of
Higher Education Standards
20
Framework
)
21
Repeal the definition, substitute:
22
Higher Education Standards Framework
means:
23
(a) the Threshold Standards; and
24
(b) any other standards made under paragraph 58(1)(b).
25
3 Section 5 (definition of
provider category
)
26
Omit "Provider Category Standards", substitute "Threshold Standards".
27
Higher education standards and other amendments
Schedule 1
Higher education standards
Part 1
No. , 2020
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
5
4 Section 5
1
Repeal the following definitions:
2
(a) definition of
Provider Category Standards
;
3
(b) definition of
Provider Course Accreditation Standards
;
4
(c) definition of
Provider Registration Standards
.
5
5 Section 5 (definition of
Threshold Standards
)
6
Repeal the definition, substitute:
7
Threshold Standards
means the Threshold Standards made under
8
paragraph 58(1)(a).
9
6 Paragraphs 19(2)(b) and 20(2)(b)
10
Omit "permits the use of the word 'university':", substitute "is either the
11
'Australian University' or 'Overseas University' provider category:".
12
7 Paragraph 33(1)(a)
13
Omit "a provider category that permits the use of the word
14
'university';", substitute "either the 'Australian University' or
15
'Overseas University' provider category;".
16
8 Paragraph 36(6)(b)
17
Omit "a provider category that permits the use of the word
18
'university'--", substitute "either the 'Australian University' or
19
'Overseas University' provider category--".
20
9 Paragraph 39(1)(b)
21
Omit "permits the use of the word 'university'.", substitute "is either the
22
'Australian University' or 'Overseas University' provider category.".
23
10 Paragraph 45(1)(a)
24
Omit "the Australian university provider category", substitute "the
25
'Australian University' provider category".
26
11 After subsection 45(2)
27
Insert:
28
Schedule 1
Higher education standards and other amendments
Part 1
Higher education standards
6
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
No. , 2020
(2A) Subsection (1) does not apply to a registered higher education
1
provider in the "Australian University" provider category if that
2
provider has a specialised focus in accordance with the Threshold
3
Standards.
4
12 Paragraph 49(1)(b)
5
Omit "Provider Course Accreditation Standards", substitute "Threshold
6
Standards".
7
13 Subsection 56(1)
8
Omit "Provider Course Accreditation Standards", substitute "Threshold
9
Standards".
10
14 Subsection 58(1)
11
Repeal the subsection, substitute:
12
Making the standards
13
(1) The Minister may, by legislative instrument, make the following
14
standards that make up the Higher Education Standards
15
Framework:
16
(a) the Threshold Standards;
17
(b) other standards against which the quality of higher education
18
can be assessed.
19
Note:
For varying or revoking a standard, see subsection 33(3) of the
Acts
20
Interpretation Act 1901
.
21
15 After section 59
22
Insert:
23
59A Quality of research
24
(1) If TEQSA is considering the Threshold Standards, to the extent
25
they relate to research, in relation to:
26
(a) a regulated entity that has applied under section 18 to
27
TEQSA for registration within the "Australian University"
28
provider category; or
29
Higher education standards and other amendments
Schedule 1
Higher education standards
Part 1
No. , 2020
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
7
(b) a registered higher education provider that has applied under
1
section 38 to change to the "Australian University" provider
2
category; or
3
(c) a registered higher education provider that is in the
4
"Australian University" provider category;
5
TEQSA must have regard to the quality of the research undertaken
6
by the entity or provider.
7
(2) In doing so, if an instrument is in force under subsection (7),
8
TEQSA must have regard to the matters determined in the
9
instrument.
10
(3) Subsection (2) does not limit the matters to which TEQSA may
11
have regard.
12
Matters relating to the quality of research
13
(4) TEQSA may, in writing, determine matters relating to the quality
14
of research for the purposes of this section.
15
(5) A determination under subsection (4) has no effect unless the
16
Minister has approved it in writing.
17
(6) TEQSA must give the Minister such information as the Minister
18
reasonably requires for the purposes of approving the
19
determination.
20
(7) A determination under subsection (4) made by TEQSA and
21
approved by the Minister is a legislative instrument made by the
22
Minister on the day on which the determination is approved.
23
16 Section 61
24
Omit "Provider Course Accreditation Standards", substitute "Threshold
25
Standards".
26
17 Paragraph 98(d)
27
Omit "Provider Course Accreditation Standards", substitute "Threshold
28
Standards".
29
Schedule 1
Higher education standards and other amendments
Part 1
Higher education standards
8
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
No. , 2020
18 Paragraphs 108(1)(b) and (2)(b)
1
Omit "a provider category that permits the use of the word
2
'university'.", substitute "either the 'Australian University' or
3
'Overseas University' provider category.".
4
19 Application and saving provisions
5
(1)
The amendments of paragraphs 19(2)(b) and 20(2)(b) of the
Tertiary
6
Education Quality and Standards Agency Act 2011
made by this Part
7
apply in relation to an application made on or after the commencement
8
of this item.
9
(2)
The amendments of paragraphs 33(1)(a), 36(6)(b) and 39(1)(b) of the
10
Tertiary Education Quality and Standards Agency Act 2011
made by
11
this Part apply in relation to a decision made on or after the
12
commencement of this item.
13
(3)
Subsection 45(2A) of the
Tertiary Education Quality and Standards
14
Agency Act 2011
, as inserted by this Part, applies in relation to working
15
out whether a registered higher education provider is authorised to
16
self-accredit a course of study on or after the commencement of this
17
item.
18
(4)
The amendment of paragraph 49(1)(b) of the
Tertiary Education
19
Quality and Standards Agency Act 2011
made by this Part applies in
20
relation to an application for a course of study to be accredited that:
21
(a) is made on or after the commencement of this item; or
22
(b) was pending immediately before that commencement.
23
(5)
The amendment of subsection 56(1) of the
Tertiary Education Quality
24
and Standards Agency Act 2011
made by this Part applies in relation to
25
an application for renewal that:
26
(a) is made on or after the commencement of this item; or
27
(b) was pending immediately before that commencement.
28
(6)
Subsection 59A(1) of the
Tertiary Education Quality and Standards
29
Agency Act 2011
, as inserted by this Part, applies in relation to the
30
consideration of the Threshold Standards on or after the commencement
31
of this item, whether the research was undertaken before, on or after
32
that commencement.
33
Higher education standards and other amendments
Schedule 1
Higher education standards
Part 1
No. , 2020
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
9
(7)
The amendment of paragraph 98(d) of the
Tertiary Education Quality
1
and Standards Agency Act 2011
made by this Part applies in relation to
2
a failure referred to in that paragraph that occurs on or after the
3
commencement of this item.
4
(8)
Subdivision A of Division 1 of Part 7 of the
Tertiary Education Quality
5
and Standards Agency Act 2011
, as in force immediately before the
6
commencement of this item, continues to apply on and after that
7
commencement in relation to a failure referred to in paragraph 98(d) of
8
that Act that occurred before that commencement.
9
(9)
The amendments of section 108 of the
Tertiary Education Quality and
10
Standards Agency Act 2011
made by this Part apply in relation to uses
11
of the word "university" (including uses covered by subsection 108(3)
12
of that Act) on or after the commencement of this item.
13
Schedule 1
Higher education standards and other amendments
Part 2
Other amendments
10
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
No. , 2020
Part 2--Other amendments
1
Tertiary Education Quality and Standards Agency Act 2011
2
20 Section 5 (paragraph (a) of the definition of
higher
3
education award
)
4
After "bachelor degree," insert "undergraduate certificate,".
5
21 Section 5
6
Insert:
7
higher education student records
:
8
(a) in relation to an entity that is a registered higher education
9
provider, means a document, or an object, in any form
10
(including any electronic form) that is held by the entity
11
because of the document's or object's connection with a
12
person who is or was enrolled in an accredited course
13
provided by the entity; and
14
(b) in relation to an entity that is a former registered higher
15
education provider, means a document, or an object, in any
16
form (including any electronic form) that was held by the
17
entity when the entity was a registered higher education
18
provider because of the document's or object's connection
19
with a person who was enrolled in an accredited course
20
provided by the entity.
21
22 Subsection 37A(1)
22
Omit ", so long as the period has not been previously extended by
23
TEQSA".
24
23 After subsection 38(1)
25
Insert:
26
(1A) In relation to an application under paragraph (1)(b), if TEQSA
27
considers that the provider category in which the provider is
28
registered should not be changed, TEQSA may decide not to
29
change that category.
30
Higher education standards and other amendments
Schedule 1
Other amendments
Part 2
No. , 2020
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
11
24 Subsection 38(2)
1
Omit "doing so", substitute "making a decision under subsection (1) or
2
(1A)".
3
25 Section 40
4
After "subsection 38(1)", insert "or (1A)".
5
26 Subsection 57A(1)
6
Omit ", so long as the period has not been previously extended by
7
TEQSA".
8
27 Section 183 (table)
9
After:
10
A decision under section 38 to change the category in which a registered higher
11
education provider is registered
12
insert:
13
A decision under section 38 not to change the category in which a registered higher
14
education provider is registered
15
28 At the end of Division 2 of Part 10
16
Add:
17
Subdivision C--Higher education student records
18
197AA Higher education student records to be provided to TEQSA
19
(1) If:
20
(a) an entity that is a registered higher education provider has
21
effectively ceased to operate; or
22
(b) an entity's registration as a registered higher education
23
provider is cancelled;
24
TEQSA may, by written notice given to a person who is, or was, an
25
executive officer of the entity, require the person to provide to
26
TEQSA a copy of such of the higher education student records
27
relating to the entity as are specified in the notice within the period
28
specified in the notice.
29
Schedule 1
Higher education standards and other amendments
Part 2
Other amendments
12
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
No. , 2020
(2) The period specified in the notice must be at least 14 days after the
1
notice is given.
2
Offence
3
(3) A person commits an offence if:
4
(a) the person is given a notice under subsection (1); and
5
(b) the person possesses or controls the higher education student
6
records specified in the notice; and
7
(c) the person fails to comply with the notice.
8
Penalty: 150
penalty units.
9
Civil penalty
10
(4) A person contravenes this subsection if:
11
(a) the person is given a notice under subsection (1); and
12
(b) the person possesses or controls the higher education student
13
records specified in the notice; and
14
(c) the person fails to comply with the notice.
15
Civil penalty:
300
penalty units.
16
197AB TEQSA may request higher education student records
17
If:
18
(a) either:
19
(i) an entity that is a registered higher education provider
20
has effectively ceased to operate; or
21
(ii) an entity's registration as a registered higher education
22
provider is cancelled; and
23
(b) TEQSA considers that a person (the
holder
) may hold higher
24
education student records relating to the entity; and
25
(c) the holder is not a person who is, or was, an executive officer
26
of the entity;
27
TEQSA may, by notice in writing, request the holder to provide to
28
TEQSA a copy of such of those records as are specified in the
29
notice.
30
Higher education standards and other amendments
Schedule 1
Other amendments
Part 2
No. , 2020
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
13
197AC Provision of higher education student records to another
1
registered higher education provider
2
If:
3
(a) a person (the
student
) is enrolled in an accredited course
4
provided by an entity (the
first entity
) that is a registered
5
higher education provider; and
6
(b) the student transfers to another registered higher education
7
provider (the
second entity
);
8
then:
9
(c) the student may request the first entity to provide to the
10
second entity a copy of the higher education student records
11
relating to the student; or
12
(d) the second entity may request, in writing, the first entity to
13
provide to the second entity a copy of the higher education
14
student records relating to the student.
15
197AD TEQSA's management of higher education student records
16
TEQSA may provide a copy of a higher education student record it
17
holds to a registered higher education provider if:
18
(a) the person to whom the record relates has enrolled, or is
19
seeking to enrol, in an accredited course provided by the
20
provider and the person requests TEQSA, in writing, to
21
provide the copy; or
22
(b) with the consent of the person to whom the record relates, the
23
provider requests TEQSA, in writing, to provide the copy
24
because that person has enrolled, or is seeking to enrol, in an
25
accredited course provided by the provider.
26
197AE Compensation
27
(1) If the operation of section 197AA would result in an acquisition of
28
property from a person otherwise than on just terms, the
29
Commonwealth is liable to pay a reasonable amount of
30
compensation to the person.
31
(2) If the Commonwealth and the person do not agree on the amount
32
of the compensation, the person may institute proceedings in the
33
Schedule 1
Higher education standards and other amendments
Part 2
Other amendments
14
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
No. , 2020
Federal Court for the recovery from the Commonwealth of such
1
reasonable amount of compensation as the court determines.
2
29 After section 204
3
Insert:
4
204A Issue of licences for use of Australian domain names with the
5
word "university"
6
(1) A licence must not be issued for the use of a domain name:
7
(a) with either:
8
(i) the word "university" in the domain name; or
9
(ii) a word or expression, that has the same or a similar
10
meaning to the word "university", in the domain name;
11
and
12
(b) where the domain name includes an Australian top-level
13
domain;
14
unless there is an approval in force under subsection (2) in relation
15
to the issue of that licence.
16
(2) For the purposes of subsection (1), the Minister may, in writing,
17
give an approval in relation to the issue of a licence.
18
(3) The Minister may, in writing, delegate the power under
19
subsection (2) to an SES employee, or acting SES employee, in the
20
Department.
21
(4) An approval given under subsection (2) is not a legislative
22
instrument.
23
(5) This section relies on the Commonwealth's legislative power under
24
paragraph 51(v) of the Constitution.
25
30 Application provisions
26
(1)
The amendment of section 37A of the
Tertiary Education Quality and
27
Standards Agency Act 2011
made by this Part applies in relation to an
28
extension given on or after the commencement of this item, whether the
29
registration occurred before, on or after that commencement.
30
Higher education standards and other amendments
Schedule 1
Other amendments
Part 2
No. , 2020
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
15
(2)
The amendments of sections 38, 40 and 183 of the
Tertiary Education
1
Quality and Standards Agency Act 2011
made by this Part apply in
2
relation to a decision made on or after the commencement of this item,
3
whether the application to change provider category was made before,
4
on or after that commencement.
5
(3)
The amendment of section 57A of the
Tertiary Education Quality and
6
Standards Agency Act 2011
made by this Part applies in relation to an
7
extension given on or after the commencement of this item, whether the
8
accreditation occurred before, on or after that commencement.
9
(4)
Section 197AA of the
Tertiary Education Quality and Standards
10
Agency Act 2011
, as added by this Part, applies in relation to the
11
following:
12
(a) a registered higher education provider that effectively ceases
13
to operate on or after the commencement of this item;
14
(b) the cancellation of a registered higher education provider's
15
registration on or after that commencement.
16
(5)
Section 197AB of the
Tertiary Education Quality and Standards
17
Agency Act 2011
, as added by this Part, applies in relation to the
18
following:
19
(a) a registered higher education provider that effectively ceased
20
to operate before, on or after the commencement of this item;
21
(b) the cancellation of a registered higher education provider's
22
registration before, on or after that commencement.
23
(6)
Paragraph 197AC(b) of the
Tertiary Education Quality and Standards
24
Agency Act 2011
, as added by this Part, applies in relation to a transfer
25
that occurs on or after the commencement of this item, whether the
26
enrolment referred to in paragraph 197AC(a) of that Act occurred
27
before, on or after that commencement.
28
(7)
Section 204A of the
Tertiary Education Quality and Standards Agency
29
Act 2011
, as inserted by this Part, applies in relation to the issue of
30
licences on or after the commencement of this item.
31
Schedule 2
Indigenous student assistance grants
16
Higher Education Legislation Amendment (Provider Category
Standards and Other Measures) Bill 2020
No. , 2020
Schedule 2--Indigenous student assistance
1
grants
2
3
Higher Education Support Act 2003
4
1 Paragraph 3-5(1)(aa)
5
Omit "students", substitute "persons".
6
2 Sections 8-1 and 38-1
7
Omit "Indigenous students", substitute "Indigenous persons".
8
3 Paragraph 38-10(1)(a)
9
Omit "Indigenous students", substitute "
*
Indigenous persons (who may
10
or may not be students)".
11
4 Paragraph 38-10(1)(b)
12
Repeal the paragraph, substitute:
13
(b) increasing the number of:
14
(i)
*
Indigenous persons enrolling in courses leading to
15
*
higher education awards; and
16
(ii) students who are Indigenous persons progressing in and
17
completing courses leading to higher education awards.
18
5 Subclause 1(1) of Schedule 1
19
Insert:
20
Indigenous person
has the same meaning as in the
Indigenous
21
Education (Targeted Assistance) Act 2000
.
22