Contents
Part 8 · Tertiary Education Quality and Standards Agency
Division 1 · Establishment, functions and powers of TEQSA
132Establishment#
(1)The Tertiary Education Quality and Standards Agency (TEQSA) is established by this section.
(2)Each State and Territory Minister who is responsible for higher education must be consulted if TEQSA is to be abolished.
(3)For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a)TEQSA is a listed entity; and
(b)the Commissioners are the accountable authority of TEQSA; and
(c)the following persons are officials of TEQSA:
(i)the Commissioners;
(ii)the Chief Executive Officer;
(iii)the staff of TEQSA referred to in section 156; and
133Constitution#
TEQSA consists of:
(a)a Chief Commissioner; and
(b)at least one, but not more than 4, other Commissioners.
Note: TEQSA does not have a legal identity separate from the Commonwealth.
134Functions and powers#
(1)TEQSA has the following functions:
(a)to register regulated entities as registered higher education providers in accordance with this Act;
(b)to accredit courses of study in accordance with this Act;
(c)to investigate whether this Act or this Act’s associated provisions have been or are being complied with, including by:
(i)conducting compliance assessments and quality assessments; and
(ii)conducting accreditation assessments of accredited courses;
(d)to advise and make recommendations to the Minister on matters relating to the quality or regulation of higher education providers, if requested by the Minister or on its own initiative;
(da)to protect and enhance academic integrity by:
(i)gathering, providing and sharing information, and providing education, in relation to the conduct prohibited by sections 114A and 114B; and
(ii)conducting research relating to academic cheating services; and
(iii)taking action to prevent access to online sources of academic cheating services;
(e)to collect, analyse, interpret and disseminate information relating to:
(i)higher education providers; and
(ii)regulated higher education awards; and
(iii)quality assurance practice, and quality improvement, in higher education; and
(iv)the Higher Education Standards Framework;
(f)to advise and make recommendations to a higher education provider on matters relating to the Threshold Standards, if requested by the provider in the approved form;
(g)to conduct training to improve the quality of higher education;
(j)to cooperate with its counterparts in other countries;
(k)to develop service standards that TEQSA must meet in performing its functions;
(l)any function determined under subsection (5);
(2)Without limiting paragraph (1)(m), that paragraph includes a function conferred on TEQSA by an authorisation made for the purposes of a Commonwealth law.
Note: An example would be if the Minister authorised TEQSA to consider whether to consent to a company using “university” in its name for the purposes of section 147 of the Corporations Act 2001.
(4)TEQSA has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.
(5)The Minister may, by legislative instrument, determine other functions for TEQSA that relate to higher education.
135Independence of TEQSA#
Subject to section 136 of this Act and section 170C of the Education Services for Overseas Students Act 2000, TEQSA is not subject to direction from anyone in relation to the performance of its functions or the exercise of its powers.
136Minister may give directions to TEQSA#
(1)The Minister may, by legislative instrument, give directions to TEQSA in relation to the performance of its functions and the exercise of its powers.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
(2)A direction under subsection (1) must be of a general nature only.
(2A)Subsection (2) does not apply to a direction that relates to the power conferred by subsection 158(1).
Note: Subsection 158(1) confers a power to determine fees.
(2B)Regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 do not apply in relation to a direction under subsection (1) of this section.
Note: This means that section 42 (disallowance) of the Legislation Act 2003 applies to the direction.
(3)TEQSA must comply with a direction given under subsection (1).
Division 2 · Appointment of Commissioners
138Appointment#
(1)Each Commissioner is to be appointed by the Minister by written instrument.
(2)A Commissioner may hold office on either a full-time or a part-time basis.
(3)A person may only be appointed as a Commissioner if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
Note: A Commissioner is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.
139Term of appointment#
A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
140Remuneration and allowances#
(1)A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is determined, in writing, by the Minister.
(2)A Commissioner is to be paid the allowances that are determined, in writing, by the Minister.
(3)This section has effect subject to the Remuneration Tribunal Act 1973.
141Leave of absence#
(1)A full-time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2)The Minister may grant a full-time Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3)The Chief Commissioner may grant leave of absence to a part-time Commissioner (other than the Chief Commissioner) on the terms and conditions that the Chief Commissioner determines.
(4)If the Chief Commissioner is a part-time Commissioner, the Minister may grant leave of absence to the Chief Commissioner on the terms and conditions that the Minister determines.
142Outside employment#
(1)A full-time Commissioner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.
(2)A part-time Commissioner must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties.
143Disclosure of interests to the Minister#
(1)A Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires that conflict or could conflict with the proper performance of the Commissioner’s functions.
(2)The notice must be given to the Minister as soon as practicable after the Commissioner becomes aware of the potential for conflict of interest.
144Other terms and conditions#
A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.
145Resignation#
(1)A Commissioner may resign his or her appointment by giving the Minister a written resignation.
(2)The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
146Termination of appointment#
(1)The Minister may terminate the appointment of a Commissioner:
(a)for misbehaviour; or
(b)if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
(1A)The Minister may terminate the appointment of a Commissioner if:
(a)the Commissioner:
(i)becomes bankrupt; or
(ii)takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii)compounds with one or more of his or her creditors; or
(iv)makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b)the Commissioner is a full-time Commissioner and is absent, except on leave of absence, for 14 consecutive days or for 30 days in any 12 months; or
(c)the Commissioner is a part-time Commissioner and is absent, except on leave of absence, from 3 consecutive TEQSA meetings; or
(d)the Commissioner engages in paid employment contrary to section 142; or
(e)the Commissioner fails, without reasonable excuse, to comply with section 143 or 150.
(2)The Minister must terminate the appointment of a Commissioner if the Commissioner becomes an executive officer of a higher education provider.
147Acting appointments#
Acting Chief Commissioner
(1)The Minister may, by written instrument, appoint a Commissioner to act as the Chief Commissioner:
(a)during a vacancy in the office of the Chief Commissioner (whether or not an appointment has previously been made to the office); or
(b)during any period, or during all periods, when the Chief Commissioner:
(i)is absent from duty or from Australia; or
(ii)is, for any reason, unable to perform the duties of the office.
Acting Commissioner
(2)The Minister may, by written instrument, appoint a person to act as a Commissioner (other than the Chief Commissioner):
(a)during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b)during any period, or during all periods, when the Commissioner:
(i)is absent from duty or from Australia; or
(ii)is, for any reason, unable to perform the duties of the office.
Requirements before appointing a person to act
(3)A person may only be appointed to act as the Chief Commissioner, or as a Commissioner, if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
Division 3 · TEQSA procedures
Subdivision A · Meetings
148Times and places of meetings#
(1)The Chief Commissioner must ensure that such meetings are held as are necessary for the efficient performance of TEQSA’s functions.
(2)Meetings are to be held at such times and places as the Chief Commissioner decides.
(3)The Chief Commissioner must convene a meeting if requested, in writing, by at least 2 of the other Commissioners.
149Conduct of meetings#
Presiding at meetings
(1)The Chief Commissioner presides at all meetings at which he or she is present.
(2)If the Chief Commissioner is not present at a meeting, a Commissioner:
(a)nominated by the Chief Commissioner; and
(b)present at the meeting;
must preside.
Quorum
(3)At a meeting of TEQSA, a quorum is constituted by a majority of Commissioners.
Rules of procedure
(4)TEQSA may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.
Voting
(5)The person presiding at a meeting of TEQSA has a deliberative vote but, if the votes are equal, does not have a casting vote.
Minutes
(6)TEQSA must ensure that minutes of its meetings are kept.
150Disclosure of interests#
(1)If a Commissioner has an interest, pecuniary or otherwise, in a matter being considered, or about to be considered, at a meeting, the Commissioner must disclose the nature of that interest to the other Commissioners.
(2)The disclosure must be made as soon as possible after the relevant facts have come to the Commissioner’s knowledge.
(3)The disclosure must be recorded in the minutes of the meeting.
(4)Unless TEQSA otherwise determines, the Commissioner:
(a)must not be present during TEQSA’s deliberation on the matter; and
(5)For the purposes of TEQSA making a determination under subsection (4), the Commissioner:
(a)must not be present during any of TEQSA’s deliberations for the purpose of making the determination; and
(b)must not take part in making the determination.
(6)A determination under subsection (4) must be recorded in the minutes of the meeting.
Subdivision B · Decisions without meetings
Division 4 · Chief Executive Officer
Subdivision A · Office and functions of the Chief Executive Officer
153Chief Executive Officer#
There is to be a Chief Executive Officer of TEQSA.
154Functions and powers of the Chief Executive Officer#
(1)The Chief Executive Officer is responsible for the management and administration of TEQSA.
(2)All acts and things done in the name of, or on behalf of, TEQSA by the Chief Executive Officer are taken to have been done by TEQSA.
Subdivision B · Appointment of the Chief Executive Officer
154AAppointment of the Chief Executive Officer#
(1)The Chief Executive Officer is to be appointed by the Minister by written instrument.
(2)A person may only be appointed as the Chief Executive Officer if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
(3)The Chief Executive Officer may hold office on either a full-time or a part-time basis.
154BPeriod of appointment for the Chief Executive Officer#
The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: The Chief Executive Officer may be reappointed: see the Acts Interpretation Act 1901.
154CActing appointments#
(1)The Minister may appoint a person to act as the Chief Executive Officer:
(a)during a vacancy in the office of the Chief Executive Officer (whether or not an appointment has previously been made to the office); or
(b)during any period, or during all periods, when the Chief Executive Officer:
(i)is absent from duty or from Australia; or
(ii)is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(2)A person may only be appointed to act as the Chief Executive Officer if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
Subdivision C · Terms and conditions for the Chief Executive Officer
154DRemuneration and allowances#
(1)The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is determined, in writing, by the Minister.
(2)The Chief Executive Officer is to be paid the allowances that are determined, in writing, by the Minister.
(3)This section has effect subject to the Remuneration Tribunal Act 1973.
154ELeave of absence#
(1)The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal. If no determination of those entitlements by the Tribunal is in operation, the Chief Executive Officer is to have the recreation leave entitlements that are determined, in writing, by the Minister.
(2)The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
154FOutside employment#
The Chief Executive Officer must not engage in paid employment outside the duties of his or her office without the Minister’s approval.
154GDisclosure of interests to the Minister#
The Chief Executive Officer must give written notice to the Minister of all interests, pecuniary or otherwise, that the Chief Executive Officer has or acquires and that conflict or could conflict with the proper performance of the Chief Executive Officer’s functions.
154HResignation#
(1)The Chief Executive Officer may resign his or her appointment by giving the Minister a written resignation.
(2)The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
154JTermination of appointment#
(1)The Minister may terminate the appointment of the Chief Executive Officer:
(a)for misbehaviour; or
(b)if the Chief Executive Officer is unable to perform the duties of his or her office because of physical or mental incapacity.
(2)The Minister may terminate the appointment of the Chief Executive Officer if:
(a)the Chief Executive Officer:
(i)becomes bankrupt; or
(ii)takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii)compounds with one or more of his or her creditors; or
(iv)makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b)the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 30 days in any 12 months; or
(c)the Chief Executive Officer engages in paid employment contrary to section 154F; or
(d)the Chief Executive Officer fails, without reasonable excuse, to comply with section 154G.
154KOther terms and conditions#
The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Subdivision D · Delegation
154LDelegation by the Chief Executive Officer#
(1)The Chief Executive Officer may, by writing, delegate any or all of his or her functions and powers under this Act to a member of the staff of TEQSA who holds:
(a)the classification of APS Executive Level 1 or higher; or
(b)an equivalent classification.
(2)The Chief Executive Officer may, in writing, delegate the Chief Executive Officer’s powers and functions under the Regulatory Powers Act as it applies in relation to this Act, to a member of the staff of TEQSA who is:
(a)an SES employee or an acting SES employee; or
(b)an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position.
(3)Before delegating a function or power under subsection (1) or (2), the Chief Executive Officer must have regard to:
(a)if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or
(b)otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.
(4)A delegate must comply with any written directions of the Chief Executive Officer.
Subdivision E · Directions by Minister
155Minister may give directions to Chief Executive Officer#
(1)The Minister may, by legislative instrument, give written directions to the Chief Executive Officer about the performance of his or her functions and the exercise of his or her powers.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
(1A)Regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 do not apply in relation to a direction under subsection (1) of this section.
Note: This means that section 42 (disallowance) of the Legislation Act 2003 applies to the direction.
(2)The Chief Executive Officer must comply with a direction under subsection (1).
(3)Subsection (2) does not apply to the extent that the direction relates to the Chief Executive Officer’s performance of functions, or exercise of powers, under the Public Service Act 1999 in relation to TEQSA.
Subdivision F · Other matters
155AChief Executive Officer not subject to direction by TEQSA on certain matters#
To avoid doubt, the Chief Executive Officer is not subject to direction by TEQSA in relation to the Chief Executive Officer’s performance of functions, or exercise of powers, under:
(a)the Public Governance, Performance and Accountability Act 2013; or
(b)the Public Service Act 1999;
in relation to TEQSA.
Division 5 · Staff
156Staff#
(1)The staff of TEQSA are to be persons engaged under the Public Service Act 1999.
(2)For the purposes of the Public Service Act 1999:
(a)the Chief Executive Officer and the staff of TEQSA together constitute a Statutory Agency; and
(b)the Chief Executive Officer is the Head of that Statutory Agency.
157Staff to be made available to TEQSA#
(1)TEQSA is to be assisted by:
(b)persons whose services are made available under arrangements made under subsection (2).
(2)The Chief Executive Officer may arrange for officers or employees of an appropriate State or Territory authority to be made available to TEQSA to perform services in connection with the performance of TEQSA’s functions or the exercise of its powers.
(3)An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person to whom the arrangement relates.
(4)When performing services for TEQSA under this section, a person is subject to the directions of the Chief Executive Officer.
Division 6 · Fees
158Fees#
(3)TEQSA may, in the determination under subsection (1), determine other matters relating to the payment of fees, including:
(a)the circumstances in which fees may be paid in instalments; and
(b)the circumstances in which fees may be set off against another amount payable; and
(c)the circumstances in which fees may be waived.
(4)The fees determined under subsection (1) must not be such as to amount to taxation.
Ministerial approval
(5)TEQSA must not make an instrument under subsection (1) unless the Minister has given written approval to the making of the instrument.
Division 7 · Planning
160Approving corporate plans#
(1)The Commissioners must give a copy of a corporate plan prepared under section 35 of the Public Governance, Performance and Accountability Act 2013 to the Minister for approval before:
(a)30 April before the first reporting period to which the plan relates; or
(b)such later day as the Minister allows.
(2)Subsection (1) does not apply to a corporate plan if the Minister decides the plan does not need approval.
(3)A corporate plan comes into force on:
(a)if the plan needs Ministerial approval—the later of:
(i)the day it is approved by the Minister; and
(ii)the first day of the period to which it relates; or
(b)otherwise—the first day of the period to which it relates.
161Varying corporate plans#
Varying plans with Ministerial approval
(1)The Commissioners may, with the Minister’s approval, vary a corporate plan prepared under section 35 of the Public Governance, Performance and Accountability Act 2013.
(3)The Minister may, at any time, request the Commissioners to vary the corporate plan. The Commissioners must comply with the request.
Ministerial approval not required for minor variations
(5)Despite subsection (1), the Commissioners may vary the corporate plan without the approval of the Minister if the variation is of a minor nature. The variation takes effect on the day it is made.
(6)If the Commissioners make a variation of a minor nature, the Commissioners must inform the Minister of the variation as soon as is practicable.
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.