Contents
Division 2 · Management of higher education information
Subdivision A · Restriction on disclosure or use of information
188Offence of unauthorised disclosure or use of information#
(1)A person commits an offence if:
(a)the person obtains higher education information in the person’s capacity as an entrusted person; and
(b)the person:
(i)discloses the information to another person; or
(ii)uses the information.
Penalty: Imprisonment for 2 years.
Exceptions
(2)Subsection (1) does not apply if:
(a)the disclosure or use is made for the purposes of this Act or the Education Services for Overseas Students Act 2000, or otherwise in connection with the performance of the person’s duties as an entrusted person; or
(b)the disclosure or use is required or authorised by or under a law of the Commonwealth or a State or Territory.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3)Subsection (1) does not apply if the regulated entity in respect of whom the higher education information relates has consented, in writing, to the disclosure or use.
Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Subdivision B · Information sharing
189Disclosing information about breaches of regulatory requirements#
(1)TEQSA may disclose the kinds of higher education information referred to in subsection (2) to:
(a)a person who holds any office or appointment under a law of the Commonwealth, or under a law of a State or Territory; or
(b)a member, or special member, of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
(c)a member of the police force, or police service, of a State or Territory; or
(d)an employee:
(i)of a Commonwealth authority or of a State or Territory authority; and
(ii)of a kind specified in the Information Guidelines for the purposes of this section; or
(e)in the case of a registered provider (within the meaning of the Education Services for Overseas Students Act 2000)—the TPS Director, within the meaning of that Act; or
(f)a regulatory authority of another country that has responsibility relating to the quality or regulation of higher education.
(2)The kinds of higher education information are as follows:
(a)information that relates to an offence, or possible offence, against this Act, this Act’s associated provisions or the Education Services for Overseas Students Act 2000;
(b)information that relates to a contravention, or possible contravention, of:
(i)this 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.
190Disclosing information about proposed cancellations of registration#
(1)TEQSA may advise the Minister of a State or Territory responsible for higher education if:
(a)TEQSA has serious concerns about a registered higher education provider for whom an accredited course is being provided in the State or Territory; or
(b)TEQSA proposes to cancel the registration of a registered higher education provider for whom an accredited course is being provided in the State or Territory.
(2)If TEQSA advises the Minister of the State or Territory under subsection (1), TEQSA may also advise:
(a)a person who holds any office or appointment under a law of the Commonwealth, or under a law of the State or Territory concerned; or
(b)employees of the Commonwealth of a kind specified in regulations made for the purposes of this paragraph; or
(c)employees of the State or Territory of a kind specified in regulations made for the purposes of this paragraph.
191Disclosing information to Tertiary Admission Centres#
TEQSA may advise a Tertiary Admission Centre if:
(a)TEQSA cancels the accreditation of a course of study; or
(b)TEQSA imposes a condition on the registration of a higher education provider that restricts the number of students that may enrol in a particular course of study accredited in relation to the provider; or
(c)TEQSA cancels the registration of a registered higher education provider.
192Disclosing information to the Minister and Department#
(1)For the purposes of administering laws relating to higher education, TEQSA may disclose information covered by subsection (2) to:
(a)the Minister; or
(b)a person employed by the Minister under the Members of Parliament (Staff) Act 1984; or
(c)the Secretary; or
(ca)the Higher Education Tuition Protection Director; or
(d)an APS employee in the Department.
(2)This subsection covers the following information:
(b)information, relating to a regulated entity, that is obtained by TEQSA, that relates to TEQSA’s functions and that is personal information (within the meaning of the Privacy Act 1988).
193Disclosing information to professional bodies etc.#
TEQSA may disclose higher education information to a body responsible for the regulation of an occupation in a State or Territory.
194Disclosing information to certain government bodies etc.#
(a)a Commonwealth authority, or a State or Territory authority, if:
(i)the authority is of a kind specified in the Information Guidelines for the purposes of this section; and
(ii)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; or
(b)a Royal Commission.
194ADisclosing information to National Student Ombudsman#
TEQSA may disclose higher education information and personal information to the National Student Ombudsman if the disclosure is for the purposes of assisting the National Student Ombudsman to perform its functions or duties or exercise its powers.
194BDisclosing information to ATEC Commissioners#
TEQSA may disclose higher education information and personal information to an ATEC Commissioner if the disclosure is for the purposes of assisting the ATEC Commissioner to perform the functions or duties, or to exercise the powers, of the ATEC Commissioner.
195Disclosing information under international cooperative arrangements#
TEQSA may disclose higher education information to a regulatory authority of another country if:
(a)cooperative arrangements exist with that other authority or country that relate to the assessment or regulation of higher education; and
(b)the release of the information is consistent with those arrangements.
195ADisclosing information to other persons#
Disclosure
(1)TEQSA may disclose higher education information to a person referred to in subsection (3) for the purposes of research relating to the provision of higher education, including research relating to:
(a)quality assurance; or
(b)planning the provision of higher education.
(2)However, if the information was provided by a regulated entity, TEQSA may disclose the information under subsection (1) only if the entity has consented, in writing, to that disclosure.
Persons to whom information may be disclosed
(3)For the purposes of subsection (1), the persons are the following:
(a)a person who is employed or engaged by a higher education provider;
(b)a person who is employed or engaged by a body determined in an instrument under subsection (4).
(4)TEQSA may, by legislative instrument, determine a body for the purposes of paragraph (3)(b).
195BDisclosing information to complainants#
TEQSA may disclose higher education information to a person if:
(a)the person has made a complaint to TEQSA relating to a regulated entity’s compliance with:
(i)this Act; or
(ii)the Education Services for Overseas Students Act 2000; or
(iii)a legislative instrument under either of those Acts; and
(b)TEQSA is satisfied that the information relates to the matter the subject of the complaint.
196Disclosing information to the public#
TEQSA may disclose to the public higher education information that relates to anything done, or omitted to be done, under this Act.
197Information about national security#
Paragraph 192(1)(d) and sections 193, 194, 195, 195A, 195B and 196 do not apply to national security information.
Subdivision C · Higher education student records
197AAHigher education student records to be provided to TEQSA#
(1)If:
(a)an entity that is a registered higher education provider has effectively ceased to operate; or
(b)an entity’s registration as a registered higher education provider is cancelled;
TEQSA may, by written notice given to a person who is, or was, an executive officer of the entity, require the person to provide to TEQSA a copy of such of the higher education student records relating to the entity as are specified in the notice within the period specified in the notice.
(2)The period specified in the notice must be at least 14 days after the notice is given.
Offence
(3)A person commits an offence if:
(a)the person is given a notice under subsection (1); and
(b)the person possesses or controls the higher education student records specified in the notice; and
(c)the person fails to comply with the notice.
Penalty: 150 penalty units.
Civil penalty
(4)A person contravenes this subsection if:
(a)the person is given a notice under subsection (1); and
(b)the person possesses or controls the higher education student records specified in the notice; and
(c)the person fails to comply with the notice.
Civil penalty: 300 penalty units.
197ABTEQSA may request higher education student records#
If:
(a)either:
(i)an entity that is a registered higher education provider has effectively ceased to operate; or
(ii)an entity’s registration as a registered higher education provider is cancelled; and
(b)TEQSA considers that a person (the holder) may hold higher education student records relating to the entity; and
(c)the holder is not a person who is, or was, an executive officer of the entity;
197ACProvision of higher education student records to another registered higher education provider#
If:
(a)a person (the student) is enrolled in an accredited course provided by an entity (the first entity) that is a registered higher education provider; and
(b)the student transfers to another registered higher education provider (the second entity);
then:
(c)the student may request the first entity to provide to the second entity a copy of the higher education student records relating to the student; or
(d)the second entity may request, in writing, the first entity to provide to the second entity a copy of the higher education student records relating to the student.
197ADTEQSA’s management of higher education student records#
TEQSA may provide a copy of a higher education student record it holds to a registered higher education provider if:
(a)the person to whom the record relates has enrolled, or is seeking to enrol, in an accredited course provided by the provider and the person requests TEQSA, in writing, to provide the copy; or
(b)with the consent of the person to whom the record relates, the provider requests TEQSA, in writing, to provide the copy because that person has enrolled, or is seeking to enrol, in an accredited course provided by the provider.
197AECompensation#
(1)If the operation of section 197AA would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2)If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.