We have developed key aspects of our regulatory approach in consultation with higher education stakeholders. We recognise that consultation influences the quality of our relations with the higher education sector and can be an important way of collecting evidence which allows us to meet the objects of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act).
Draft legislative instrument
In February 2021, the Australian Parliament passed the Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Bill 2020. The Bill gives effect to the Australian Government’s decision to implement all 10 recommendations arising from the Provider Category Standards review conducted in 2019.
Among other things, the Bill amends the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) to allow TEQSA to make a determination of the matters which it must have regard to when assessing the quality of the research undertaken by a provider which is registered, or applies to be registered, in the Australian University category. By approval from the Minister, this determination becomes a legislative instrument.
TEQSA proposes to make a determination which sets out a number of matters which are relevant to an assessment of research quality. The list is non-exhaustive and does not specify benchmarks or thresholds for quality; it is a determination of considerations in an assessment of research quality.
Submissions close on Wednesday 28 April 2021.
Discussion paper: Making and assessing claims of scholarship and scholarly activity
(Closed 14 December 2020)
TEQSA sought to review whether its current approach to assessing claims of scholarship and scholarly activity (as described in the Guidance Note on Scholarship) is adequate, or if the approach needs to be reconceptualised. The purpose of this discussion paper was to set out, for consideration by the sector and other stakeholders, draft principles that were proposed to guide providers in making claims related to scholarship, and to inform TEQSA’s assessments of such claims.
(Closed 27 March 2020)
TEQSA sought feedback on the Commonwealth, State and Territory bodies that we proposed to include in an update to our Information Guidelines.
The Information Guidelines is a legislative instrument that sets out the Commonwealth authorities and the State or Territory authorities to which TEQSA may disclose higher education information under sections 189 and 194 of the Tertiary Education Quality and Standards Agency Act 2011.
Fit and proper person considerations
(Closed 1 December 2017)
As a consequence of the passing of the Education Legislative Amendment (Provider Integrity and Other Measures) Act 2017, TEQSA is able to specify matters that the agency may have regard to in deciding whether a person is a fit and proper person for the purposes of the Tertiary Education Quality and Standards Agency Act 2011.
Sector consultation on proposed changes to the publication of TEQSA’s decisions
(Closed 14 March 2017)
TEQSA sought feedback, via a consultation paper, on the proposed changes to the publication of regulatory decisions.
The consultation focused on proposed changes to the frequency and way we published decisions.
Questions about whether we should publish more information, including rejections, involve an important balance between the interests of higher education providers, students and other stakeholders.
The developments in our practices and in the approaches of other agencies meant that it was timely to revisit these issues.
We proposed that a simplified set of principles be adopted, informed by approaches of other Australian Government agencies, to guide our future approach.
As part of the consultation process, we will carefully consider all feedback before we make any changes to our approach. We are committed to ensuring that all stakeholders have an opportunity to provide us with their views.
Summary of consultation
Our approach to consultation is guided by the regulatory principles of: reflecting risk, proportionality and necessity. Our consultations are also guided by the following principles which are covered in further detail in our Information Sheet: TEQSA’s approach to Consultation.
We endeavour to consult with all relevant stakeholders.
Clear purpose and scope
We will clearly explain the objectives of the consultation process.
We aim to allow enough time for stakeholders to consider the potential impact of items out for consultation.
We will ensure consultation processes and documents can be easily accessed by all stakeholders
Where possible, we aim to keep the potential impact of consultation to a minimum.
Clear feedback and outcomes
Where possible, we will provide clear feedback to participants following each consultation.
We will formally evaluate each consultation process to identify ways of making future consultations more effective and efficient.
Confidentiality and privacy
We will consider all requests to keep information confidential. While TEQSA has certain statutory obligations of confidentiality under the TEQSA Act, we also operate within a public accountability framework which includes obligations to provide information to certain government stakeholders.
For more information on all of the points above view our Information Sheet: TEQSA’s approach to Consultation.