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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Tertiary Education Quality and
Standards Agency Amendment Bill 2014
No. , 2014
(Education)
A Bill for an Act to amend the Tertiary Education
Quality and Standards Agency Act 2011, and for
other purposes
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Quality assessments
3
Tertiary Education Quality and Standards Agency Act 2011
3
Part 2--Delegations
4
Tertiary Education Quality and Standards Agency Act 2011
4
Part 3--Period of registration or accreditation
6
Tertiary Education Quality and Standards Agency Act 2011
6
Part 4--Commissioners
9
Tertiary Education Quality and Standards Agency Act 2011
9
Part 5--Chief Executive Officer etc.
12
Tertiary Education Quality and Standards Agency Act 2011
12
Part 6--Notifications of decisions etc.
17
Tertiary Education Quality and Standards Agency Act 2011
17
Part 7--Directions to TEQSA
19
Tertiary Education Quality and Standards Agency Act 2011
19
Part 8--Fees
20
Tertiary Education Quality and Standards Agency Act 2011
20
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
1
A Bill for an Act to amend the Tertiary Education
1
Quality and Standards Agency Act 2011, and for
2
other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Tertiary Education Quality and
6
Standards Agency Amendment Act 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
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,
Parts 1, 2 and 3
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 4
The day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent.
4. Schedule 1,
Part 5
The day after the end of the period of 21
days beginning on the day this Act receives
the Royal Assent.
5. Schedule 1,
Parts 6, 7 and 8
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Quality assessments Part 1
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
3
Schedule 1
--
Amendments
1
Part 1
--
Quality assessments
2
Tertiary Education Quality and Standards Agency Act 2011
3
1 Section 5 (definition of quality assessment)
4
Repeal the definition.
5
2 Section 60
6
Repeal the section.
7
3 Subsection 62(1)
8
Omit ", 60".
9
4 Subsection 62(4)
10
Omit "sections 59 and 60", substitute "section 59".
11
5 Subparagraph 134(1)(c)(i)
12
Omit "and quality assessments".
13
Schedule 1 Amendments
Part 2 Delegations
4
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
Part 2
--
Delegations
1
Tertiary Education Quality and Standards Agency Act 2011
2
6 Section 199 (heading)
3
Repeal the heading, substitute:
4
199 Delegation by TEQSA
5
7 Subsection 199(2)
6
Repeal the subsection, substitute:
7
(2) Subsection (1) does not apply to a power to make, vary or revoke a
8
legislative instrument.
9
8 Section 200
10
Repeal the section.
11
9 Section 201
12
Omit "or 200".
13
10 Subsection 202(1) (note)
14
Omit "or 200".
15
11 Transitional
--
delegations
16
(1)
This item applies to a delegation if:
17
(a) the delegate is a Commissioner; and
18
(b) the delegation was in force under section 200 of the Tertiary
19
Education Quality and Standards Agency Act 2011
20
immediately before the commencement of this item.
21
(2)
The delegation has effect, after the commencement of this item, as if the
22
delegation had been made under subsection 199(1) of that Act as
23
amended by this Part.
24
Amendments Schedule 1
Delegations Part 2
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
5
12 Transitional
--
directions to delegates
1
(1)
This item applies to a direction to a delegate if:
2
(a) the delegate is a Commissioner; and
3
(b) the direction was in force under section 201 of the Tertiary
4
Education Quality and Standards Agency Act 2011
5
immediately before the commencement of this item; and
6
(c) the direction related to a delegation under section 200 of that
7
Act.
8
(2)
The direction has effect, after the commencement of this item, as if the
9
direction related to a delegation under subsection 199(1) of that Act as
10
amended by this Part.
11
Schedule 1 Amendments
Part 3 Period of registration or accreditation
6
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
Part 3
--
Period of registration or accreditation
1
Tertiary Education Quality and Standards Agency Act 2011
2
13 At the end of subsection 21(6)
3
Add:
4
Note 3:
The period of registration may be extended (see section 37A).
5
14 Subsection 23(2)
6
Repeal the subsection, substitute:
7
(2) Paragraph (1)(b) has effect subject to the following:
8
(a) subsection 36(3) (about renewing registration);
9
(b) section 37A (about extending registration);
10
(c) section 43 (about withdrawing registration);
11
(d) Division 1 of Part 7 (about cancelling registration and other
12
administrative sanctions).
13
15 Subsection 36(4) (note)
14
Omit "Note", substitute "Note 1".
15
16 At the end of subsection 36(4)
16
Add:
17
Note 2:
The period of registration may be extended (see section 37A).
18
17 After Division 3 of Part 3
19
Insert:
20
Division 3A--Extension of registration period
21
37A Extension of registration period
22
(1) TEQSA may extend the period of a registered higher education
23
provider's registration.
24
(2) The extended period may exceed 7 years.
25
Amendments Schedule 1
Period of registration or accreditation Part 3
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
7
(3) This section has effect subject to the following:
1
(a) subsection 36(3) (about renewing registration);
2
(b) section 43 (about withdrawing registration);
3
(c) Division 1 of Part 7 (about cancelling registration and other
4
administrative sanctions).
5
18 At the end of subsection 49(6)
6
Add:
7
Note 4:
The period of accreditation may be extended (see section 57A).
8
19 After paragraph 51(2)(b)
9
Insert:
10
(ba) section 57A (about extending accreditation);
11
20 At the end of Part 4
12
Add:
13
Division 5--Extension of accreditation period
14
57A Extension of accreditation period
15
(1) TEQSA may extend the period of the accreditation of a course of
16
study.
17
(2) The extended period may exceed 7 years.
18
(3) This section has effect subject to the following:
19
(a) the accreditation ends immediately if the provider ceases to
20
be registered as a registered higher education provider;
21
(b) subsection 56(3) (about renewing accreditation);
22
(c) Division 1 of Part 7 (about cancelling accreditation and other
23
administrative sanctions).
24
21 Section 183 (after the table item dealing with a decision
25
under section 36)
26
Insert:
27
28
A decision under section 37A to extend the period of a registered higher education
Schedule 1 Amendments
Part 3 Period of registration or accreditation
8
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
provider's registration
A decision under section 37A not to extend the period of a registered higher
education provider's registration
1
22 Section 183 (after the table item dealing with a decision
2
under section 56)
3
Insert:
4
5
A decision under section 57A to extend the period of the accreditation of a course of
study
A decision under section 57A not to extend the period of the accreditation of a course
of study
6
Amendments Schedule 1
Commissioners Part 4
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
9
Part 4
--
Commissioners
1
Tertiary Education Quality and Standards Agency Act 2011
2
23 Section 5 (definition of full-time Commissioner)
3
Repeal the definition, substitute:
4
full-time Commissioner means a Commissioner appointed on a
5
full-time basis.
6
24 Section 5 (definition of part-time Commissioner)
7
Omit "of TEQSA".
8
25 Paragraph 133(b)
9
Repeal the paragraph, substitute:
10
(b) at least one, but not more than 4, other Commissioners.
11
26 Section 133 (note 1)
12
Omit "1".
13
27 Section 133 (note 2)
14
Repeal the note.
15
28 Subsections 138(1), (2) and (3)
16
Repeal the subsections, substitute:
17
(1) Each Commissioner is to be appointed by the Minister by written
18
instrument.
19
(2) A Commissioner may hold office on either a full-time or a
20
part-time basis.
21
29 Subsection 138(4)
22
Omit "the Chief Commissioner, or as a Commissioner,", substitute "a
23
Commissioner".
24
Schedule 1 Amendments
Part 4 Commissioners
10
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
30 Subsection 141(3)
1
After "part-time Commissioner", insert "(other than the Chief
2
Commissioner)".
3
31 At the end of section 141
4
Add:
5
(4) If the Chief Commissioner is a part-time Commissioner, the
6
Minister may grant leave of absence to the Chief Commissioner on
7
the terms and conditions that the Minister determines.
8
32 Paragraphs 146(1)(a) to (f)
9
Repeal the paragraphs, substitute:
10
(a) for misbehaviour; or
11
(b) if the Commissioner is unable to perform the duties of his or
12
her office because of physical or mental incapacity.
13
33 After subsection 146(1)
14
Insert:
15
(1A) The Minister may terminate the appointment of a Commissioner if:
16
(a) the Commissioner:
17
(i) becomes bankrupt; or
18
(ii) takes steps to take the benefit of any law for the relief of
19
bankrupt or insolvent debtors; or
20
(iii) compounds with one or more of his or her creditors; or
21
(iv) makes an assignment of his or her remuneration for the
22
benefit of one or more of his or her creditors; or
23
(b) the Commissioner is a full-time Commissioner and is absent,
24
except on leave of absence, for 14 consecutive days or for 30
25
days in any 12 months; or
26
(c) the Commissioner is a part-time Commissioner and is absent,
27
except on leave of absence, from 3 consecutive TEQSA
28
meetings; or
29
(d) the Commissioner engages in paid employment contrary to
30
section 142; or
31
(e) the Commissioner fails, without reasonable excuse, to
32
comply with section 143 or 150.
33
Amendments Schedule 1
Commissioners Part 4
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
11
34 Subsection 149(2)
1
Omit "full-time".
2
35 Subsection 149(3)
3
Omit "3 Commissioners", substitute "2 Commissioners".
4
36 Transitional
--termination of Commissioners'
5
appointments
6
(1)
This item applies to a person if the person held office as a
7
Commissioner (other than the Chief Commissioner) immediately before
8
the commencement of this item.
9
(2)
The person's appointment as a Commissioner is, by force of this
10
subitem, terminated at the commencement of this item.
11
(3)
Subitem (2) does not prevent the person from being reappointed as a
12
Commissioner.
13
Schedule 1 Amendments
Part 5 Chief Executive Officer etc.
12
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
Part 5
--
Chief Executive Officer etc.
1
Tertiary Education Quality and Standards Agency Act 2011
2
37 Subsection 145(2) (note)
3
Repeal the note.
4
38 Before section 153
5
Insert:
6
Subdivision A--Office and functions of the Chief Executive
7
Officer
8
39 Subsection 153(1)
9
Omit "(1)".
10
40 Subsection 153(2)
11
Repeal the subsection.
12
41 After section 154
13
Insert:
14
Subdivision B--Appointment of the Chief Executive Officer
15
154A Appointment of the Chief Executive Officer
16
(1) The Chief Executive Officer is to be appointed by the Minister by
17
written instrument.
18
(2) A person may only be appointed as the Chief Executive Officer if
19
the Minister is satisfied that the person has appropriate
20
qualifications, knowledge or experience.
21
(3) The Chief Executive Officer may hold office on either a full-time
22
or a part-time basis.
23
Amendments Schedule 1
Chief Executive Officer etc. Part 5
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
13
154B Period of appointment for the Chief Executive Officer
1
The Chief Executive Officer holds office for the period specified in
2
the instrument of appointment. The period must not exceed 5 years.
3
Note:
The Chief Executive Officer may be reappointed: see the Acts
4
Interpretation Act 1901.
5
154C Acting appointments
6
(1) The Minister may appoint a person to act as the Chief Executive
7
Officer:
8
(a) during a vacancy in the office of the Chief Executive Officer
9
(whether or not an appointment has previously been made to
10
the office); or
11
(b) during any period, or during all periods, when the Chief
12
Executive Officer:
13
(i) is absent from duty or from Australia; or
14
(ii) is, for any reason, unable to perform the duties of the
15
office.
16
Note:
For rules that apply to acting appointments, see sections 33AB and
17
33A of the Acts Interpretation Act 1901.
18
(2) A person may only be appointed to act as the Chief Executive
19
Officer if the Minister is satisfied that the person has appropriate
20
qualifications, knowledge or experience.
21
Subdivision C--Terms and conditions for the Chief Executive
22
Officer
23
154D Remuneration and allowances
24
(1) The Chief Executive Officer is to be paid the remuneration that is
25
determined by the Remuneration Tribunal. If no determination of
26
that remuneration by the Tribunal is in operation, the Chief
27
Executive Officer is to be paid the remuneration that is determined,
28
in writing, by the Minister.
29
(2) The Chief Executive Officer is to be paid the allowances that are
30
determined, in writing, by the Minister.
31
Schedule 1 Amendments
Part 5 Chief Executive Officer etc.
14
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
(3) This section has effect subject to the Remuneration Tribunal Act
1
1973.
2
154E Leave of absence
3
(1) The Chief Executive Officer has the recreation leave entitlements
4
that are determined by the Remuneration Tribunal. If no
5
determination of those entitlements by the Tribunal is in operation,
6
the Chief Executive Officer is to have the recreation leave
7
entitlements that are determined, in writing, by the Minister.
8
(2) The Minister may grant the Chief Executive Officer leave of
9
absence, other than recreation leave, on the terms and conditions as
10
to remuneration or otherwise that the Minister determines.
11
154F Outside employment
12
The Chief Executive Officer must not engage in paid employment
13
outside the duties of his or her office without the Minister's
14
approval.
15
154G Disclosure of interests to the Minister
16
The Chief Executive Officer must give written notice to the
17
Minister of all interests, pecuniary or otherwise, that the Chief
18
Executive Officer has or acquires and that conflict or could conflict
19
with the proper performance of the Chief Executive Officer's
20
functions.
21
154H Resignation
22
(1) The Chief Executive Officer may resign his or her appointment by
23
giving the Minister a written resignation.
24
(2) The resignation takes effect on the day it is received by the
25
Minister or, if a later day is specified in the resignation, on that
26
later day.
27
154J Termination of appointment
28
(1) The Minister may terminate the appointment of the Chief
29
Executive Officer:
30
Amendments Schedule 1
Chief Executive Officer etc. Part 5
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
15
(a) for misbehaviour; or
1
(b) if the Chief Executive Officer is unable to perform the duties
2
of his or her office because of physical or mental incapacity.
3
(2) The Minister may terminate the appointment of the Chief
4
Executive Officer if:
5
(a) the Chief Executive Officer:
6
(i) becomes bankrupt; or
7
(ii) takes steps to take the benefit of any law for the relief of
8
bankrupt or insolvent debtors; or
9
(iii) compounds with one or more of his or her creditors; or
10
(iv) makes an assignment of his or her remuneration for the
11
benefit of one or more of his or her creditors; or
12
(b) the Chief Executive Officer is absent, except on leave of
13
absence, for 14 consecutive days or for 30 days in any 12
14
months; or
15
(c) the Chief Executive Officer engages in paid employment
16
contrary to section 154F; or
17
(d) the Chief Executive Officer fails, without reasonable excuse,
18
to comply with section 154G.
19
154K Other terms and conditions
20
The Chief Executive Officer holds office on the terms and
21
conditions (if any) in relation to matters not covered by this Act
22
that are determined by the Minister.
23
Subdivision D--Delegation
24
154L Delegation by the Chief Executive Officer
25
(1) The Chief Executive Officer may, by writing, delegate any or all of
26
his or her functions and powers under this Act to a member of the
27
staff of TEQSA who holds:
28
(a) the classification of APS Executive Level 1 or higher; or
29
(b) an equivalent classification.
30
(2) A delegate must comply with any written directions of the Chief
31
Executive Officer.
32
Schedule 1 Amendments
Part 5 Chief Executive Officer etc.
16
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
Subdivision E--Directions by Minister
1
42 At the end of subsection 155(1) (before the note)
2
Add "and the exercise of his or her powers".
3
43 At the end of Division 4 of Part 8
4
Add:
5
Subdivision F--Other matters
6
155A Chief Executive Officer not subject to direction by TEQSA on
7
certain matters
8
To avoid doubt, the Chief Executive Officer is not subject to
9
direction by TEQSA in relation to the Chief Executive Officer's
10
performance of functions, or exercise of powers, under:
11
(a) the Financial Management and Accountability Act 1997; or
12
(b) the Public Service Act 1999;
13
in relation to TEQSA.
14
44 Transitional
--
Ministerial directions
15
The amendments of the Tertiary Education Quality and Standards
16
Agency Act 2011 made by this Part do not affect the continuity of a
17
direction that:
18
(a) was given under subsection 155(1) of that Act; and
19
(b) was in force immediately before the commencement of this
20
item.
21
45 Transitional
--termination of Chief Commissioner's
22
appointment
23
(1)
This item applies to a person if the person held office as the Chief
24
Commissioner immediately before the commencement of this item.
25
(2)
The person's appointment as the Chief Commissioner is, by force of
26
this subitem, terminated at the commencement of this item.
27
(3)
Subitem (2) does not prevent the person from being reappointed as a
28
Commissioner.
29
Amendments Schedule 1
Notifications of decisions etc. Part 6
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
17
Part 6
--
Notifications of decisions etc.
1
Tertiary Education Quality and Standards Agency Act 2011
2
46 Subparagraph 22(b)(i)
3
Omit ", and the reasons for deciding on that category".
4
47 After subparagraph 22(b)(i)
5
Insert:
6
(ia) if the provider category is not the provider category that
7
the applicant applied for under subsection 18(1)--the
8
reasons for deciding on that category;
9
48 Section 34
10
Before "TEQSA must", insert "(1)".
11
49 At the end of section 34
12
Add:
13
(2) Paragraph (1)(b) does not apply if:
14
(a) the decision is made under subsection 32(3) in response to an
15
application made by a registered higher education provider;
16
and
17
(b) the decision is in accordance with the application.
18
50 At the end of Subdivision A of Division 1 of Part 7
19
Add:
20
101A TEQSA to notify provider of decision to impose sanction
21
TEQSA must, within 30 days after making a decision under
22
section 99, 100 or 101, notify the provider, in writing, of:
23
(a) the decision; and
24
(b) the reasons for the decision.
25
Schedule 1 Amendments
Part 6 Notifications of decisions etc.
18
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
51 Application
--
section 22 of the Tertiary Education Quality
1
and Standards Agency Act 2011
2
The amendments of section 22 of the Tertiary Education Quality and
3
Standards Agency Act 2011 made by this Part apply to a decision made
4
after the commencement of this item.
5
52 Application
--
section 34 of the Tertiary Education Quality
6
and Standards Agency Act 2011
7
The amendments of section 34 of the Tertiary Education Quality and
8
Standards Agency Act 2011 made by this Part apply to a decision made
9
after the commencement of this item.
10
53 Application
--
section 101A of the Tertiary Education
11
Quality and Standards Agency Act 2011
12
Section 101A of the Tertiary Education Quality and Standards Agency
13
Act 2011 as amended by this Part applies to a decision made after the
14
commencement of this item.
15
Amendments Schedule 1
Directions to TEQSA Part 7
No. , 2014
Tertiary Education Quality and Standards Agency Amendment Bill
2014
19
Part 7
--
Directions to TEQSA
1
Tertiary Education Quality and Standards Agency Act 2011
2
54 Subsection 136(1)
3
Omit "a direction to TEQSA if the Minister considers that the direction
4
is necessary to protect the integrity of the higher education sector",
5
substitute "directions to TEQSA in relation to the performance of its
6
functions and the exercise of its powers".
7
55 Subsection 136(2)
8
Repeal the subsection, substitute:
9
(2) A direction under subsection (1) must be of a general nature only.
10
(2A) Subsection (2) does not apply to a direction that relates to the
11
power conferred by subsection 158(1).
12
Note:
Subsection 158(1) confers a power to determine fees.
13
56 Transitional
--
Ministerial directions
14
The amendments made by this Part do not affect the continuity of a
15
direction that:
16
(a) was given under subsection 136(1) of the Tertiary Education
17
Quality and Standards Agency Act 2011; and
18
(b) was in force immediately before the commencement of this
19
item.
20
Schedule 1 Amendments
Part 8 Fees
20
Tertiary Education Quality and Standards Agency Amendment Bill
2014
No. , 2014
Part 8
--
Fees
1
Tertiary Education Quality and Standards Agency Act 2011
2
57 At the end of section 158
3
Add:
4
Ministerial approval
5
(5) TEQSA must not make an instrument under subsection (1) unless
6
the Minister has given written approval to the making of the
7
instrument.
8
(6) TEQSA must give the Minister such information as the Minister
9
reasonably requires for the purposes of making a decision under
10
subsection (5).
11
58 Application
--
section 158 of the Tertiary Education Quality
12
and Standards Agency Act 2011
13
The amendment of section 158 of the Tertiary Education Quality and
14
Standards Agency Act 2011 made by this Part applies to an instrument
15
made after the commencement of this item.
16
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