Part 5 · Higher Education Standards Framework
Division 1 · Higher Education Standards Framework
58Making the Higher Education Standards Framework#
Making the standards
(1)The Minister may, by legislative instrument, make the following standards that make up the Higher Education Standards Framework:
(a)the Threshold Standards;
(b)other standards against which the quality of higher education can be assessed.
Note: For varying or revoking a standard, see subsection 33(3) of the Acts Interpretation Act 1901.
Requirements before making any of the standards
(3)The Minister must not make a standard under this section unless:
(a)a draft of the standard has been developed by the ATEC; and
(b)the Minister has consulted each of the following about the draft:
(i)the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education;
(ii)if the Minister is not also the Research Minister—the Research Minister;
(iii)TEQSA.
(4)Before the Minister makes a standard under this section, the Minister must have regard to:
(a)the draft of the standard developed by the ATEC; and
(b)any advice or recommendations given to the Minister by any of the following:
(ii)if the Minister is not also the Research Minister—the Research Minister.
Content of the standards
(5)Despite subsection 14(2) of the Legislation Act 2003, a standard may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
58AATEC must advise and make recommendations etc.#
(1)The ATEC must:
(a)advise and make recommendations to the Minister:
(i)on making and varying; and
(ii)on other matters relating to;
the Higher Education Standards Framework, if requested by the Minister or on the ATEC’s own initiative; and
(b)advise and make recommendations to TEQSA on matters relating to the Higher Education Standards Framework, if requested by TEQSA or on the ATEC’s own initiative.
(2)Before advising and making recommendations to the Minister under paragraph (1)(a), the ATEC must consult with the following persons or bodies:
(a)TEQSA;
(b)the Minister for each relevant State and Territory responsible for higher education;
(c)higher education provider representatives;
(d)higher education student representatives;
(e)any other person or body the ATEC considers necessary to consult.
58BATEC to review Higher Education Standards Framework#
(1)The ATEC must review the standards that make up the Higher Education Standards Framework at least once every 5 years.
Division 2 · Compliance with the Framework
59Compliance assessments#
TEQSA may review or examine any aspect of an entity’s operations to assess whether a registered higher education provider continues to meet the Threshold Standards.
Note: This enables TEQSA to review the operations of an entity that provides part of a course of study that leads to a regulated higher education award offered or conferred by the registered higher education provider.
59AQuality of research#
(1)If TEQSA is considering the Threshold Standards, to the extent they relate to research, in relation to:
(a)a regulated entity that has applied under section 18 to TEQSA for registration within the “Australian University” provider category; or
(b)a registered higher education provider that has applied under section 38 to change to the “Australian University” provider category; or
(c)a registered higher education provider that is in the “Australian University” provider category;
TEQSA must have regard to the quality of the research undertaken by the entity or provider.
(2)In doing so, if an instrument is in force under subsection (7), TEQSA must have regard to the matters determined in the instrument.
(3)Subsection (2) does not limit the matters to which TEQSA may have regard.
Matters relating to the quality of research
(4)TEQSA may, in writing, determine matters relating to the quality of research for the purposes of this section.
(5)A determination under subsection (4) has no effect unless the Minister has approved it in writing.
(6)TEQSA must give the Minister such information as the Minister reasonably requires for the purposes of approving the determination.
60Quality (including thematic) assessments#
(1)TEQSA may review or examine any aspect of an entity’s operations to:
(a)assess the level of quality of higher education provided by one or more registered higher education providers; or
(b)assess whether there are any systemic issues relating to a particular course of study leading to a particular regulated higher education award; or
(c)assess the level of quality of, or whether there are any systemic issues relating to, the courses of study that lead to one or more kinds of regulated higher education awards.
61Accreditation assessments#
TEQSA may review or examine an accredited course to assess whether the course continues to meet the Threshold Standards.
62Matters relevant to assessments#
Consent
(1)Sections 59, 60 and 61 have effect subject to subsection (2).
(2)TEQSA must obtain an entity’s consent before:
(a)entering the entity’s premises; or
(b)doing anything on those premises;
for the purposes of a review or examination under this Division.
(3)However, subsection (2) has effect subject to section 24 (about a registered provider having to comply with conditions).
Note 1: When deciding whether to give the consent mentioned in subsection (2), a registered higher education provider needs to have regard to the condition that it cooperate with TEQSA (see section 31).
Note 2: A condition could be imposed under subsection 32(1) for the provider to arrange for another entity’s consent to be given.
Operations that can be reviewed or examined
(4)The operations covered by sections 59 and 60 are not limited to the entity’s higher education operations.
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.