Contents
Part 2 · Basic principles for regulation
13Basic principles for regulation#
TEQSA must comply with the following principles when exercising a power under this Act in relation to a regulated entity:
(a)the principle of regulatory necessity;
(b)the principle of reflecting risk;
(c)the principle of proportionate regulation.
14Principle of regulatory necessity#
TEQSA complies with the principle of regulatory necessity if its exercise of the power does not burden the entity any more than is reasonably necessary.
15Principle of reflecting risk#
(1)TEQSA complies with the principle of reflecting risk if its exercise of the power has regard to:
(a)the entity’s history, including the history of:
(i)its scholarship, teaching and research; and
(ii)its students’ experiences; and
(iii)its financial status and capacity; and
(iv)its compliance with the Threshold Standards, this Act, this Act’s associated provisions and other laws regulating education; and
(b)matters relating to the risk of the entity not complying with the Threshold Standards, this Act or this Act’s associated provisions in the future, including:
(i)its internal quality assurance mechanisms; and
(ii)its financial status and capacity; and
(iii)the history of persons related to the entity.
(2)For the purposes of subparagraph (1)(b)(iii), a person is related to a regulated entity if the person:
(a)is able to control, or to materially influence, the entity’s activities or internal affairs; or
(b)is able to determine, or to materially influence, the entity’s financial or operating policies; or
(c)is financially interested in the entity’s success or failure or apparent success or failure; or
(d)is a holding company of the entity; or
(e)is a subsidiary of the entity; or
(f)is a subsidiary of a holding company of the entity.
16Principle of proportionate regulation#
TEQSA complies with the principle of proportionate regulation if its exercise of the power is in proportion to:
(a)any non-compliance; or
(b)risk of future non-compliance;
by the entity with the Threshold Standards, this Act or this Act’s associated provisions.
17Application to authorised officers#
This Part applies to an authorised officer in a corresponding way to the way it applies to TEQSA.
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.