The IRU considers that the Tertiary Education Quality and Standards Agency Act 2011 has worked effectively since the 2014 amendments to the Act as the legal basis for Tertiary Education Quality and Standards Agency (TEQSA) and the Higher Education Standards Panel.
The area for improvement to legislation is to streamline the Education Services for Overseas Students (ESOS) Act and the supporting National Code to remove duplication of the Higher Education National Standards and to make registration of courses for international students an administrative listing not a distinct legal decision.
The 2014 amendments followed concerns that the initial operations of TEQSA were not consistent with the principles set out in part 2 of the Act of regulatory necessity, reflecting risk, and proportionate regulation. The amendments were in response to the Lee Dow and Braithwaite Review of higher education regulation which strongly argued the importance of an effective partnership among the relevant bodies – providers and quality agency – for a quality assurance system to work well in practice.
That requires a constructive tension across:
- higher education providers, notably universities, which are responsible for determining how to provide higher education to students, with a strong future focus for how higher education should be delivered to meet prospective needs;
- the Higher Education Standards, which attempt to define the key threshold requirements for good higher education without dictating in detail how it should be delivered. The Standards inevitably have a current day feel; and
- TEQSA, charged with using the Standards as the guidance marker to test whether higher education providers are living up to their responsibility, in which it should both avoid constraining new developments of value and be effective in acting where delivery is clearly not effective.
The following sections consider the six questions the Discussion Paper asks. Read full submission below.