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Consultation: Draft legislative instrument

 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.

On 12 July 2021, the Minister for Education and Youth approved the Tertiary Education Quality and Standards Agency (Quality of Research) Determination 2021. The final determination considered feedback received from 42 submissions as part of this consultation.

TEQSA proposes to make this instrument in order to provide clarity about the matters which will be considered in its decisions regarding the Australian University category. 

Consultation process

TEQSA requests that feedback on the proposed text for the draft legislative instrument, along with any other relevant feedback, be submitted via email to standards [at] teqsa.gov.au.

Submissions close at 5:00pm [AEST] on Wednesday 28 April 2021.

Interested parties can also email standards [at] teqsa.gov.au with queries about this draft legislative instrument.

Please note that TEQSA intends to publish a summary of submissions received. If you do not wish your submission to be published in full or in part, please indicate this in your response. TEQSA may alter the format or content of submissions before they are published, or decline to publish particular submissions, having regard to the requirements for Australian Government website.

Frequently asked questions

Will TEQSA be proposing a legislative instrument for the University College category?

No. TEQSA’s power to make the legislative instrument is specifically tied to assessing the quality of research undertaken by a provider which is registered, or applies to be registered, in the Australian University category. As such, TEQSA can not and will not be proposing a legislative instrument for the University College category.