Contents
Part 3 · Registration
Division 1 · Applying for registration
18Applying for registration#
(1)A regulated entity who is, or intends to become, a higher education provider may apply to TEQSA for registration within a particular provider category.
(1A)If an application is made, the entity may also apply to TEQSA for authorisation as an authorised offshore provider.
Note: For an application for a provider to be authorised as an authorised offshore provider, see section 44B.
(2)If an application is made, the entity may also apply to TEQSA for a course of study to be accredited.
Note: For an application for a course of study to be accredited, see section 46.
19Preliminary assessment of application#
(1)TEQSA must, within 30 days after an application is made, advise the applicant:
(a)whether its application for registration in a particular provider category is appropriate, and if it is not, what provider category would be appropriate (if any); and
(b)whether an application is required for a course of study to be accredited.
(2)Before making a decision under paragraph (1)(a) about a provider category, TEQSA must:
(a)have regard to the Threshold Standards; and
(b)if the provider category applied for, or the provider category that TEQSA considers would be appropriate, is either the “Australian University” or “Overseas University” provider category:
(i)consult the Minister for each relevant State and Territory responsible for higher education; and
(ii)have regard to any advice or recommendations given by each of those Ministers.
(3)If the applicant withdraws its application, the preliminary assessment application fee is not refundable.
20Substantive assessment of application#
(1)The applicant may continue with its application by:
(a)providing any further information, documents and assistance that TEQSA requests; and
(2)When conducting the substantive assessment, TEQSA must:
(a)proceed on the basis that the application is for registration in the provider category advised as appropriate under paragraph 19(1)(a); and
(b)if that provider category is either the “Australian University” or “Overseas University” provider category:
(i)consult the Minister for each relevant State and Territory responsible for higher education; and
(ii)have regard to any advice or recommendations given by each of those Ministers.
(3)If an applicant withdraws its application, the substantive assessment application fee is not refundable.
21Registration#
Grant of application for registration
(a)the applicant meets the Threshold Standards; and
(b)the applicant, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the applicant’s affairs, is a fit and proper person; and
(c)for an applicant to which Part 5A will apply—the applicant will comply with tuition protection requirements.
Decision on application
(a)within 9 months of receiving it; or
(b)if a longer period is determined by TEQSA under subsection (3)—within that period.
For the purposes of paragraph (a), TEQSA is taken to receive the application when it receives payment of the substantive assessment application fee.
Longer period for decision on application
(4)If TEQSA determines a longer period, it must do so not later than 6 weeks before the end of the period mentioned in paragraph (2)(a).
(a)notify the applicant, in writing, of the determination; and
(b)give, in writing, the reasons for the determination.
Period of registration
(6)If TEQSA grants the applicant’s application, TEQSA must also determine the period for which the applicant is registered. The period must not exceed 7 years.
Note 1: For renewals of registration, see section 36.
Note 2: TEQSA may also impose conditions on the registration (see subsection 32(1)).
Note 3: The period of registration may be extended (see section 37A).
Decision not made
22TEQSA to notify applicant of decision about registration#
TEQSA must, within 30 days of its decision to grant or reject an application for registration as a registered higher education provider, notify the applicant, in writing, of:
(a)the decision; and
(b)if TEQSA grants the application—the following:
(i)the provider category in which the applicant is registered;
(ia)if the provider category is not the provider category that the applicant applied for under subsection 18(1)—the reasons for deciding on that category;
(ii)the period for which the applicant is registered;
(iii)whether the applicant may self-accredit one or more courses of study; and
23Commencement and duration of registration#
(1)An applicant’s registration:
(a)commences on the day specified in the notice given under section 22; and
(b)ends at the end of the period specified in the most recent notice given under section 22 or 37 in relation to the registration.
(2)Paragraph (1)(b) has effect subject to the following:
(a)subsection 36(3) (about renewing registration);
(b)section 37A (about extending registration);
(c)section 43 (about withdrawing registration);
(d)Division 1 of Part 7 (about cancelling registration and other administrative sanctions).
Division 2 · Conditions of registration
24Complying with conditions#
(a)comply with the conditions imposed by sections 25 to 31 on the provider’s registration; and
(b)comply with any conditions imposed under subsection 32(1) on the provider’s registration.
Note: The provider’s registration will be automatically cancelled if a winding-up order is made in respect of the provider (see section 102).
25Condition—accredited course#
A registered higher education provider must offer at least one accredited course.
25ACondition—fit and proper person#
A registered higher education provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider’s affairs, must be a fit and proper person.
26Condition—courses to be provided consistently with the Threshold Standards#
(1)This section applies to a registered higher education provider if the provider offers or confers a regulated higher education award for the completion of a course of study provided wholly or partly by another entity.
(2)The provider must ensure that the other entity provides the course of study consistently with the Threshold Standards.
26ACondition—compliance with the tuition protection requirements#
(1)This section applies to a registered higher education provider if Part 5A applies to the provider.
(2)The provider must comply with the tuition protection requirements.
(3)The tuition protection requirements are:
(a)the requirements set out in this section, Part 5A and the Up-front Payments Guidelines; and
(b)the requirements set out in the Up-front Payments Guidelines for the purposes of this paragraph.
(4)The provider must pay the following when it is due and payable by the provider:
(a)up-front payments tuition protection levy;
(b)any penalty for late payment of up-front payments tuition protection levy.
Note 1: Up-front payments tuition protection levy is imposed by the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020.
Note 2: An amount equal to each amount of up-front payments tuition protection levy received from a registered higher education provider is credited to the Higher Education Tuition Protection Fund: see paragraph 167-5(aa) of the Higher Education Support Act 2003.
Note 3: The Higher Education Tuition Protection Fund Advisory Board advises the Higher Education Tuition Protection Director in relation to certain components of the up-front payments tuition protection levy: see paragraph 167-35(1)(b) of the Higher Education Support Act 2003.
(5)The Up-front Payments Guidelines may make provision for, or in relation to, all or any of the following matters:
(a)the issue of notices setting out the amount of up-front payments tuition protection levy payable by a provider;
(b)when up-front payments tuition protection levy is due and payable;
(c)the issue of notices extending the time for payment of up-front payments tuition protection levy;
(d)penalties for late payment of up-front payments tuition protection levy;
(e)to whom up-front payments tuition protection levy and any penalties for late payment are payable;
(f)the refund, remission or waiver of up-front payments tuition protection levy or penalties for late payment;
(g)the review of decisions made under the Up-front Payments Guidelines in relation to the collection or recovery of up-front payments tuition protection levy;
(h)any other matters relating to the collection or recovery of up-front payments tuition protection levy.
(6)The Up-front Payments Guidelines may, for the purposes of paragraph 167-10(1)(b) of the Higher Education Support Act 2003, make provision for, or in relation to, payments made in connection with the tuition protection requirements, including in relation to the following:
(a)the circumstances in which payments may be made;
(b)amounts of different kinds of payments;
(c)methods for calculating different kinds of payments.
Note: For example, the Up-front Payments Guidelines may provide that a provider of a replacement course may receive a transfer payment if a student accepts an offer of a replacement course with the provider.
Information and documents related to tuition protection
(7)The Up-front Payments Guidelines may specify either or both of the following:
(a)information or documents that a registered higher education provider must keep records of for the purposes of the tuition protection requirements;
(b)information or documents that a registered higher education provider must give to the Secretary in accordance with subsection (8).
(8)The information and documents mentioned in paragraph (7)(b) must be given to the Secretary:
(a)within the period specified by the Secretary; and
(9)Without limiting subsection (7), the information and documents may relate to one or more of the following:
(a)the provider’s domestic students (including information and documents relating to each student’s enrolment, progression in units of study and results);
(b)the provider’s tuition fees, including the amount of any up-front payments received for each domestic student for a unit of study;
(c)identifying information about the provider’s domestic students, including the full names and contact details of the students;
(d)any other matter related to tuition protection under this Act.
26BGuidelines#
The Minister may, by legislative instrument, make guidelines (the Up-front Payments Guidelines) providing for matters:
(a)required or permitted by this Act or the Higher Education Support Act 2003 to be provided by the Up-front Payments Guidelines; or
26CCondition—registered higher education provider charge must be paid#
(1)A registered higher education provider must pay the following when they are due and payable by the provider:
(b)any penalty for late payment of registered higher education provider charge.
Note: Registered higher education provider charge is imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021.
(2)The Registered Higher Education Provider Charge Guidelines may make provision for, or in relation to, all or any of the following matters:
(a)the issue of notices setting out the amount of registered higher education provider charge payable by a provider;
(b)when registered higher education provider charge is due and payable;
(c)the issue of notices extending the time for payment of registered higher education provider charge;
(d)penalties for late payment of registered higher education provider charge;
(e)to whom registered higher education provider charge and any penalties for late payment are payable;
(f)the refund, remission or waiver of registered higher education provider charge or penalties for late payment;
(g)the review of decisions made under the Registered Higher Education Provider Charge Guidelines in relation to the collection or recovery of registered higher education provider charge;
(h)any other matters relating to the collection or recovery of registered higher education provider charge.
(3)If regulations under the Tertiary Education Quality and Standards Agency (Charges) Act 2021 provide for the amount of registered higher education provider charge for a year for a registered higher education provider to be equal to the sum of one or more components, then a reference in this section to registered higher education provider charge includes a reference to the amount of such a component.
27Condition—financial information must be provided#
Providers must give TEQSA annual financial statements
(1)A registered higher education provider must give TEQSA a financial statement for each annual financial reporting period for which the provider is registered.
(2)The provider’s annual financial reporting period is the period of 12 months:
(a)to which the provider’s accounts relate; and
(b)that is notified, in writing, to TEQSA as the provider’s annual financial reporting period.
(3)A statement given under subsection (1) must be:
(a)in the approved form; and
(b)provided together with a report on the statement by an independent qualified auditor; and
(c)provided within 6 months after the end of the annual financial reporting period to which the statement relates.
TEQSA may approve additional persons as qualified auditors
(4)TEQSA may, in writing, approve a person as a qualified auditor for the purposes of this Act.
28Condition—other information must be provided#
(1)This section applies to a registered higher education provider if:
(2)The provider must comply with the request.
29Condition—notifying TEQSA of material changes#
(1)A registered higher education provider must notify TEQSA if any of the following events happens or is likely to happen:
(a)an event that will significantly affect the provider’s ability to meet the Threshold Standards;
(b)an event that will require the Register to be updated in respect of the provider.
(2)The notification must be given no later than 14 days after the day the provider would reasonably be expected to have become aware of the event.
30Condition—record keeping#
A registered higher education provider must keep adequate records for the purposes of this Act.
31Condition—cooperation#
A registered higher education provider must cooperate with TEQSA to facilitate TEQSA’s performance of its functions.
32Other conditions#
TEQSA may impose conditions on registrations etc.
(1)TEQSA may impose other conditions on a registered higher education provider’s registration. Examples of the kinds of conditions that may be imposed (which need not be imposed at the time of registration) include the following:
(a)if section 26 applies to the provider:
(i)that the provider do certain things in relation to the other entity referred to in that section;
(ii)that the other entity referred to in that section do certain things;
(b)that the provider do any or all of the following for one or more accredited courses:
(i)maintain a particular staffing profile;
(ii)provide access to particular facilities;
(iii)provide particular support services;
(c)restricting or removing the provider’s authority to self-accredit one or more courses of study;
(d)restricting or removing the provider’s ability to provide an accredited course;
(e)restricting the number of students that may enrol in a particular accredited course provided by the provider;
(f)restricting or removing the provider’s ability to offer or confer a regulated higher education award.
Note 2: A condition covered by paragraph (d) could, for example, prohibit a registered higher education provider:
(a) doing anything for the purposes of recruiting or enrolling students or intending students for an accredited course; or
(b) soliciting or accepting any money from a student or an intending student for an accredited course.
Applications to vary or revoke a condition
(3)TEQSA may also vary or revoke a condition imposed under subsection (1) if the registered higher education provider applies for the variation or revocation.
33Conditions about authority to self-accredit#
TEQSA to consult about such conditions
(1)Subsection (2) applies if:
(a)a registered higher education provider is registered in either the “Australian University” or “Overseas University” provider category; and
(2)Before doing so, TEQSA must give the provider and the Minister for each relevant State and Territory responsible for higher education:
(3)TEQSA must have regard to any representations received under subsection (2).
Consequences for accreditation if authority removed
(4)If:
(a)a course of study is accredited by a registered higher education provider; and
(b)a condition imposed under subsection 32(1) removes the provider’s authority to self-accredit the course of study;
the accreditation is cancelled when that removal takes effect.
Note: The provider may apply to TEQSA for TEQSA to accredit the course of study under Part 4.
34TEQSA to notify provider of decision to impose, vary or revoke a condition#
(1)TEQSA must, within 30 days of making a decision under subsection 32(1), (2) or (3), notify the registered higher education provider, in writing, of:
(a)the decision; and
(b)the reasons for the decision; and
(2)Paragraph (1)(b) does not apply if:
(a)the decision is made under subsection 32(3) in response to an application made by a registered higher education provider; and
(b)the decision is in accordance with the application.
Division 3 · Renewing registration
35Applying to renew registration#
(1)A registered higher education provider may apply to TEQSA, in the approved form, to have its registration renewed:
(a)at least 180 days before its registration is to end; or
(b)within such shorter period as TEQSA allows.
(2)An application must be accompanied by the fee determined under section 158 for an application under this section.
36Renewing registration#
Deciding whether to grant the application
(1)Upon receiving a registered higher education provider’s application for renewal of registration, TEQSA may renew the provider’s registration if TEQSA is satisfied that:
(a)the provider continues to meet the Threshold Standards; and
(b)the provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider’s affairs, is a fit and proper person; and
(c)if the provider is an authorised offshore provider—the provider has complied with conditions imposed under Division 2 of Part 3A (authorisation).
(a)requesting information, documents or assistance from the provider; and
(b)conducting a compliance assessment.
(3)The provider’s registration is taken to continue until TEQSA decides whether to renew the provider’s registration.
(4)If TEQSA renews the provider’s registration, TEQSA must determine the period for which the provider’s registration is renewed. The period must not exceed 7 years.
Note 1: Any conditions imposed on the registration, and in force immediately before its renewal, will apply to the renewed registration.
Note 2: The period of registration may be extended (see section 37A).
Proposal to reject the application
(6)The entities are:
(a)the provider; and
(b)if the provider’s registration is in either the “Australian University” or “Overseas University” provider category—the Minister for each relevant State and Territory responsible for higher education.
(7)TEQSA must consider any representations received under subsection (5).
37TEQSA to notify provider of decision about renewal#
TEQSA must, within 30 days of its decision to grant or reject an application for renewal of registration, notify the registered higher education provider, in writing, of:
(a)the decision; and
(b)if TEQSA grants the application—the period for which the registration is renewed; and
Division 3A · Extension of registration period
37AExtension of registration period#
(1)TEQSA may extend the period of a registered higher education provider’s registration.
(2)The extended period may exceed 7 years.
(3)This section has effect subject to the following:
(a)subsection 36(3) (about renewing registration);
(b)section 43 (about withdrawing registration);
(c)Division 1 of Part 7 (about cancelling registration and other administrative sanctions).
Division 4 · Changing provider registration category
38Changing provider registration category#
(1)TEQSA may change the provider category in which a registered higher education provider is registered:
(a)on its own initiative; or
(b)on application by the provider.
(1A)In relation to an application under paragraph (1)(b), if TEQSA considers that the provider category in which the provider is registered should not be changed, TEQSA may decide not to change that category.
(2)However, before making a decision under subsection (1) or (1A) TEQSA must have regard to the Threshold Standards.
(3)A registered higher education provider’s application must be:
(a)in the approved form; and
(b)accompanied by any information, documents and assistance that TEQSA requests; and
(c)accompanied by the fee determined under section 158 for an application under this section.
39Consultation—change relates to use of “university”#
(1)This section applies if:
(a)TEQSA proposes to make a decision under subsection 38(1) to change the provider category in which a registered higher education provider is registered; and
(b)the provider’s current provider category, or the proposed provider category, is either the “Australian University” or “Overseas University” provider category.
(2)Before doing so, TEQSA must give the provider and the Minister for each relevant State and Territory responsible for higher education:
(3)TEQSA must have regard to any representations received under subsection (2).
Division 5 · Applying to self-accredit
41Applying to self-accredit courses of study#
(1)TEQSA may, on application, authorise a registered higher education provider to self-accredit one or more courses of study.
(2)However, before doing so TEQSA must have regard to the Threshold Standards.
(3)A registered higher education provider’s application must be:
(a)in the approved form; and
(b)accompanied by any information, documents and assistance that TEQSA requests; and
(c)accompanied by the fee determined under section 158 for an application under this section.
Division 6 · Withdrawing registration
43Withdrawing registration#
(1)A registered higher education provider may apply to TEQSA, in the approved form, to withdraw its registration.
44TEQSA to notify provider of decision about withdrawal#
TEQSA must, within 30 days of its decision to grant or reject an application to withdraw a registration, notify the registered higher education provider, in writing, of:
(a)the decision; and
(b)if TEQSA grants the application—the day on which the withdrawal takes effect; and
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