Tertiary Education Quality and Standards Agency Act 2011
Enacted: 2011 | Commenced: 2012
The TEQSA Act established Australia's independent national quality assurance and regulatory agency for higher education.
What is the TEQSA Act?
The Tertiary Education Quality and Standards Agency Act 2011 established TEQSA as Australia's national regulator for higher education. The Act provides the legal framework for quality assurance through a standards-based approach with principles of regulatory necessity, risk and proportionality.
Objects of the Act
- Protect and enhance Australia's reputation for quality higher education
- Protect and enhance the wellbeing of students
- Regulate higher education through standards-based quality framework
- Support diversity, innovation and excellence in higher education
TEQSA's Functions Under the Act
Core Regulatory Functions
- Registration: Register higher education providers (all organisations offering diploma or above must be registered)
- Course Accreditation: Accredit courses for providers without self-accrediting authority
- Compliance Assessment: Assess compliance with Higher Education Standards Framework
- Standards Monitoring: Monitor providers' ongoing compliance
- Enforcement: Take regulatory action for non-compliance
- Public Register: Maintain authoritative register of all providers and accredited courses
Who Must Register?
All organisations offering higher education qualifications (diploma or above) in or from Australia must be registered by TEQSA. This includes:
Public Universities
Private Universities
Australian Branches of Overseas Universities
TAFEs (Higher Ed Programs)
Faith-Based Colleges
Independent For-Profit/Not-for-Profit Providers
Regulatory Actions
TEQSA can take proportionate regulatory action ranging from:
- Request for information or clarification
- Conditions on registration or accreditation
- Enforceable undertakings
- Sanctions (including financial penalties)
- Suspension of registration
- Cancellation of registration
Related Legislation
- Higher Education Standards Framework 2021: Threshold Standards providers must meet
- ESOS Act 2000: Framework for international student protection
- Higher Education Integrity Unit: Established 2020 within TEQSA for threats analysis
Governance
Commissioners: Appointed by Minister for Education, responsible for major regulatory decisions
Acting Chief Commissioner: Adrienne Nieuwenhuis (as of May 2024)
CEO: Mary Russell
Historical Context
- 2008: Bradley Review recommended national regulatory body
- 2011: TEQSA Act passed Parliament
- 2012: TEQSA assumed regulatory powers
- 2015: Amendments streamlined regulatory approach
- 2019: Bill implementing review recommendations introduced
- 2020: Higher Education Integrity Unit established