The Tertiary Education Quality and Standards Agency hereby:

This legislative instrument commences on 1 January 2018.

Dated:  this 1 December 2017

Signed

_____________________       ___________________        ___________________      Professor Nicholas Saunders AO                     Professor Cliff Walsh                               Mr Anthony McClaran             

Chief Commissioner                        Commissioner       Acting Commissioner

1 Name of Guidelines

These Guidelines are the Tertiary Education Quality and Standards Agency (Register) Guidelines 2017.

2 Objects

These Guidelines set out the information that the Tertiary Education Quality and Standards Agency (TEQSA) must include on the National Register of Higher Education Providers (National Register).

3 Interpretation

In these Guidelines:

Accreditation renewal date means the date on which TEQSA’s accreditation of a course of study is set to end.

Act means the Tertiary Education Quality and Standards Agency Act 2011.

Course of study has the same meaning as it has in the Act.

Higher education provider has the same meaning as it has in the Act.

Higher education provider with self-accrediting authority means a higher education provider authorised to self-accredit one or more courses of study under the Act.

National Register means the Register established pursuant to section 198 of the Act.

Provider category has the same meaning as in the Act.

Registered higher education provider has the same meaning as in the Act.

Registration renewal date means the date on which a registered higher education provider’s registration under the Act is set to end.

Regulated entity has the same meaning as in the Act.

Reviewable decision has the same meaning as in the Act.

Tertiary Education Quality and Standards Agency or TEQSA has the same meaning as in the Act.

Where:

(a)   TEQSA has made a decision prior to the commencement of this instrument;

(b)   A higher education provider’s registration expired prior to the commencement of this instrument; or

(c)   The accreditation of a higher education provider’s course expired prior to the commencement of this instrument;  

TEQSA must record information about the decision, the registration or the course on the National Register in accordance with Tertiary Education Quality and Standards Agency (Register) Guidelines 2016.

4 Information on registered higher education providers to be included on the National Register

TEQSA must set out the following details on the National Register for each registered higher education provider:

(a)   legal entity name

(b)   trading name/s used for the provider’s higher education operations

(c)   Australian Business Number (ABN) used for the provider’s higher education operations

(d)   provider category

(e)   registration renewal date and the period for which the registration was renewed, granted or extended

(f)    head office address

(g)   website nominated by the provider for the provider’s higher education operations

(h)   whether the provider is authorised to self-accredit courses of study

(i)     if the provider is registered to provide courses to overseas students under the Education Services for Overseas Students Act 2000, a link to the page relating to the provider on www.cricos.education.gov.au

(j)     if the provider is registered under the National Vocational Education and Training Regulator Act 2011 or under the vocational education legislation of a State, a link to the page relating to the provider on www.training.gov.au

(k)   a link to the page relating to the provider on www.qilt.edu.au

5 Previously registered higher education providers whose registration has expired, been withdrawn, or been cancelled

TEQSA must set out the following details on the National Register for each previously registered higher education provider, whose registration has expired, been withdrawn or been cancelled:

(a)   legal entity name

(b)   trading name/s used for the provider’s higher education operations

(c)   the date on which the registered higher education provider’s registration expired, was withdrawn or was cancelled

(d)   the name of each course of study of the provider that was accredited by TEQSA at the date on which the provider’s registration expired, was withdrawn or was cancelled.

6 Higher education providers with self-accrediting authority

TEQSA must include the following statement on the National Register page for each registered higher education provider with self-accrediting authority:

The National Register does not include details of courses of study accredited within the scope of a higher education provider’s self-accrediting authority.

7 Details on courses of study accredited by TEQSA

TEQSA must set out the following details on the National Register for each course of study accredited by TEQSA:

(a)   name of the course of study

(b)   accreditation renewal date and the period for which the accreditation was renewed, granted or extended

8 Details on courses of study previously accredited by TEQSA where the accreditation has expired or been cancelled

TEQSA must set out the following details on the National Register for each course of study previously accredited by TEQSA where the accreditation has expired or been cancelled:

(a)   name of the course of study

(b)   the date on which the accreditation of the course of study expired or was cancelled

9  Regulatory decisions

(a)   Where TEQSA, or a delegate of TEQSA has made one of the following regulatory decisions

(i)          a decision under section 21 to grant an application for registration

(ii)        a decision under section 32 to impose or vary a condition on a registration

(iii)     a decision under section 36 on an application for renewal of registration 

(iv)      a decision under section 37A to extend a period of registration

(v)        a decision under section 38 to change the category in which a provider is registered

(vi)      a decision under section 41 on an application to self-accredit one or more courses of study

(vii)   a decision under section 49 to grant an application for a course of study to be accredited or, where the decision relates to a registered higher education provider, a decision to reject such an application

(viii)  a decision under section 53 to impose or vary a condition on an accreditation of a course of study

(ix)      a decision under section 56 on an application for renewal of accreditation of a course of study

(x)        a decision under section 57A to extend a period of accreditation of a course of study

(xi)      a decision under section 99 to shorten the period of an accreditation of a course of study

(xii)   a decision under section 99 to cancel the accreditation of a course of study

(xiii) a decision under section 100 to shorten the period of a registration

(xiv)  a decision under section 101 to cancel a registration

(xv)    a decision under section 185 to affirm, vary or revoke a decision by a delegate which is listed at subparagraphs (i) to (xiv)

TEQSA must include the following information about the decision on the National Register:

(xvi)         the name of the regulated entity to which the decision relates

(xvii)      the decision that has been made

(xviii)    whether the decision is a reviewable decision for the purposes of the Act

(xix)         if the applicant makes an application for review of the decision to a Court or to the Administrative Appeals Tribunal, the fact that the application has been made and, once the review proceedings have concluded, the outcome of the review proceedings.

(b)   If TEQSA or a delegate of TEQSA decides to vary a condition under section 32 or 53, TEQSA is only required to include the varied condition on the National Register.

(c)   If TEQSA or a delegate of TEQSA decides to revoke a condition under section 32 or 53, TEQSA is not required to include the revoked condition on the National Register.

(d)   Paragraph (a) does not apply to a reviewable decision made by a delegate of TEQSA where:

(i)     the period in which an application for internal review of that decision may be made has not yet expired;

(ii)  an application for internal review of the decision has been made, and no decision has been made on the application for internal review.

(e)   Where TEQSA, or a delegate of TEQSA, makes a decision to reject an application for registration under section 21 of the Act, and a court or Tribunal substitutes the decision of TEQSA or the delegate with a decision to grant the application for registration, TEQSA must include the following information on the National Register:

(i)     the decision to register the applicant and the decision about the period of registration;

(ii)  the decision made by TEQSA or a delegate to reject the application for registration;

(iii) any decision made by TEQSA, and any decision by the court or Tribunal, in relation to an application for accreditation of a course of study made on or after the date of the application for registration, including any decision about the period of such accreditation;

(iv) any decision by the court or Tribunal to impose conditions under section 32 or section 53 of the Act.