Legislation

TEQSA Act 2011

The Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) establishes TEQSA as an agency. 

The objects of the TEQSA Act are:

  • to provide for national consistency in the regulation of higher education
  • to regulate higher education using a standards-based quality framework and principles relating to regulatory necessity, risk and proportionality
  • to protect and enhance Australia’s reputation for and international competiveness in higher education, as well as excellence, diversity and innovation in higher education in Australia
  • to encourage and promote a higher education system that is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population
  • to protect students undertaking, or proposing to undertake higher education by requiring the provision of quality higher education
  • to ensure that students have access to information relating to higher education in Australia.

The Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provision) Act 2011 (Transitional Act) provided for the transition to the new higher education regulatory and quality arrangements. The Governor-General of Australia made a regulation under the Transitional Act in June 2012. The regulation allowed certain entities that would otherwise have failed to be automatically registered under the Transitional Act to be automatically registered with TEQSA.

TEQSA has made two legislative instruments under the TEQSA Act:

  • a Determination of Fees that sets out the amount TEQSA can charge for certain services
  • Register Guidelines that set out the information TEQSA must include on the National Register of Higher Education Providers.

ESOS Act 2000

TEQSA is a designated authority under the Education Services for Overseas Students Act 2000 (ESOS Act). TEQSA has been delegated responsibilities from the Minister for Tertiary Education, Skills, Science and Research and the Secretary of the Department of Industry, Innovation, Science, Research and Tertiary Education. TEQSA’s responsibilities as a designated authority were expanded by a determination made under the ESOS Act. TEQSA now has responsibility under the ESOS Act for the following providers:

  • Higher education providers registered under the TEQSA Act
  • English Language Intensive Course for Overseas Students (ELICOS) providers if they have an entry arrangement with at least one registered higher education provider
  • Foundation Program providers.