Legislation and Regulation
The legislative and regulatory environment for universities can play a significant role in university governance — impacting the workings of the governing body and the obligations of the university. Understanding this environment is helpful for understanding the environment and responsibility of university governing bodies.
Universities have different requirements built into their State or Territory Enabling Acts or Acts of Parliament - which both allow universities to operate and inform their purpose and mission. Universities have reporting requirements under the State or Territory Government in the context of their WHS/OHS obligations, financial accounting and audit obligations, and Industrial Relations reporting. Further, universities are subject to Commonwealth Legislation in their operation, student support and management, and funding.
Commonwealth Legislation
Universities are also governed by federal legislation, which speaks to not only the operations of the university, but also university support for students, academic requirements, and international student registration capacity. While this is a non-exhaustive list, federal legislation can broadly be noted as the legislative pieces that govern a university’s operations in the context of their core mission of education and research.
Key legislation for Australian Universities includes:
State Legislation
Each University in Australia is established under its own Act of Parliament in the State or Territory in which it is registered. These Acts of Parliament are similar, but not identical, legislative pieces, also called enabling Acts. Included in the state enabling Acts are requirements on university governance, including the size and composition of university governing bodies.
Changes to legislation in this instance can impact the composition of governing bodies, which can further impact their operation.
The Acts under which universities are established/enabled can be found on the State and Territory Government Legislation websites:
Tertiary Education Quality and Standards Agency Act 2011 (TEQSA)
The Tertiary Education Quality and Standards Agency Act enables TEQSA as the regulator for Australian Higher Education, regulating and assuring quality standards of all Australian Higher Education providers. TEQSA provides registration for all Australian universities through a standards-based quality framework and universities undergo a comprehensive review every 5-7 years prior to their registration being renewed.
Higher Education Support Act 2003 (HESA)
The Higher Education Support Act is the main piece of legislation which governs Higher Education in Australia through the Department of Education. HESA is linked to the university funding through the Commonwealth, and includes additional guidelines and supporting information for providers.
Higher Education Standards Framework 2011 (Threshold Standards)
The Higher Education Standards Framework 2021 (Threshold Standards) is the key legislation utilised by TEQSA to regulate higher education. The Threshold Standards set the standards that an education provider must meet to be registered to operate as a higher education provider in Australia.
Higher Education Standards Framework (Threshold Standards) 2021
Education Services for Overseas Students Act 2000 (ESOS)
The Education Services for Overseas Students Act 2000 (ESOS), including the national code, sets out the roles and responsibilities for all educational institutions wanting to teach international students.
Education Services for Overseas Students Act 2000 (ESOS Act)