Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 made under section 204 of the Tertiary Education Quality and Standards Agency Act 2011 Compilation No. 02 Compilation date: 28 January 2023 Includes amendments up to: F2023L00056 About this compilation This compilation This is a compilation of the Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 that shows the text of the law as amended and in force on 28 January 2023 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. 1 Name of Guidelines These Guidelines are the Tertiary Education Quality and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. 3A Application provision for decisions made before this instrument commences 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 currently 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 (l) name, position title, phone number and email address of the person identified by the provider as its principal contact officer (m) name, position title, phone number and email address of the Chief Executive Officer of the provider (n) where relevant, that a registered higher education provider in the "Australian University" provider category has a specialised focus in accordance with the Higher Education Standards Framework. 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 of the Act to grant an application for registration (ii) a decision under section 32 of the Act to impose or vary a condition on a registration (iii) a decision under section 36 of the Act on an application for renewal of registration (iv) a decision under section 37A of the Act to extend a period of registration (v) a decision under section 38 of the Act to change the category in which a provider is registered (vi) a decision under section 41 of the Act on an application to self‑accredit one or more courses of study (vii) a decision under section 49 of the Act 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 of the Act to impose or vary a condition on an accreditation of a course of study (ix) a decision under section 56 of the Act on an application for renewal of accreditation of a course of study (x) a decision under section 57A of the Act to extend a period of accreditation of a course of study (xi) a decision under section 99 of the Act to shorten the period of an accreditation of a course of study (xii) a decision under section 99 of the Act to cancel the accreditation of a course of study (xiii) a decision under section 100 of the Act to shorten the period of a registration (xiv) a decision under section 101 of the Act to cancel a registration (xv) a decision under section 185 of the Act to affirm, vary or revoke a decision by a delegate which is listed at subparagraphs (i) to (xiv) (xvi) a decision under section 10B of the Education Services for Overseas Students Act 2000 (ESOS Act) to impose a condition on, or to vary or remove a condition of, a provider's registration (xvii) a decision under section 10E of the ESOS Act to refuse to renew a provider's registration (xviii) a decision under section 10E of the ESOS Act to renew a provider's registration for a particular period. The entry must state the period of registration. (xix) a decision under section 10L of the ESOS Act to extend a provider's period of registration (xx) a decision under section 83 of the ESOS Act to take action against a provider (xxi) a decision not to give a provider a notice under subsections 89(4) or 95(3) of the ESOS Act (xxii) a decision under section 169AF of the ESOS Act to affirm, vary or set aside a decision by a delegate which is listed at subparagraphs (xvi) to (xxi). TEQSA must include the following information about the decision on the National Register: (xxiii) the name of the regulated entity to which the decision relates (xxiv) the decision that has been made (xxv) the legislative provision(s) which were the subject of findings that informed the decision. (xxvi) whether the decision is a reviewable decision for the purposes of the Act or the ESOS Act (xxvii) 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. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted orig = original am = amended par = paragraph(s)/subparagraph(s) amdt = amendment /sub‑subparagraph(s) c = clause(s) pres = present C[x] = Compilation No. x prev = previous Ch = Chapter(s) (prev…) = previously def = definition(s) Pt = Part(s) Dict = Dictionary r = regulation(s)/rule(s) disallowed = disallowed by Parliament reloc = relocated Div = Division(s) renum = renumbered exp = expires/expired or ceases/ceased to have rep = repealed effect rs = repealed and substituted F = Federal Register of Legislation s = section(s)/subsection(s) gaz = gazette Sch = Schedule(s) LA = Legislation Act 2003 Sdiv = Subdivision(s) LIA = Legislative Instruments Act 2003 SLI = Select Legislative Instrument (md not incorp) = misdescribed amendment SR = Statutory Rules cannot be given effect Sub‑Ch = Sub‑Chapter(s) mod = modified/modification SubPt = Subpart(s) No. = Number(s) underlining = whole or part not o = order(s) commenced or to be commenced Ord = Ordinance Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 7 December 2017 1 January 2018 — F2017L01599 Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 – Amendment No.1 of 2022 1 April 2022 2 April 2022 — F2022L00479 Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 – Amendment No. 1 of 2023 27 January 2023 28 January 2023 — F2023L00056 Endnote 4—Amendment history Provision affected How affected s 4(b)................... am F2023L00056 ed C2 s 4(l).................... ad F2022L00479 s 4(m)................... ad F2022L00479 s 4(n)................... ad F2022L00479 s 9(a)................... am F2023L00056 ed C2 Endnote 5—Editorial changes In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003. Paragraph 4(b) Kind of editorial change Change to grammar, syntax or the use of conjunctives or disjunctives Details of editorial change Schedule 1 item 1 of the Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 – Amendment No. 1 of 2023 instructs to insert "current" after "name/s" in paragraph 4(b). After the amendment is applied, paragraph 4(b) appears as follows: (b) trading name/s current used for the provider's higher education operations This compilation was editorially changed to omit the word "current" and substitute "currently" to correct the grammatical error. Subparagraph 9(a)(xxvi) (second occurring) Kind of editorial change Renumbering of provisions Details of editorial change Schedule 1 items 21 and 23 of the Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 – Amendment No. 1 of 2023 provide as follows: 21 Paragraph 9(a)(xviii) Renumber paragraph 9(a)(xviii) as paragraph 9(a)(xxvi). 23 Paragraph 9(a)(xix) (Regulatory decisions) Renumber paragraph 9(a)(xix) as paragraph 9(a)(xxvi) This compilation was editorially changed by renumbering the second occurring subparagraph 9(a)(xxvi) as subparagraph 9(a)(xxvii).