The TEQSA Act

Apr 17, 2025 | TEQSA Application | 0 comments

Introduction

The TEQSA Act forms the legal foundation for regulating higher education in Australia. It establishes the powers and responsibilities of the Tertiary Education Quality and Standards Agency (TEQSA)—the body tasked with ensuring that all registered higher education providers meet rigorous national standards. As the sector grows more complex, understanding this legislation is crucial for providers, administrators, and policymakers.

In this blog, we break down the core elements of the TEQSA Act, explain its impact on the education sector, and explore how it shapes compliance, quality, and accountability across Australia’s higher education landscape.

What Is the TEQSA Act?

Overview and Purpose of the Tertiary Education Quality and Standards Agency Act 2011

The TEQSA Act, officially known as the Tertiary Education Quality and Standards Agency Act 2011, came into effect on 29 July 2011. Its primary purpose is to create a unified national approach to higher education regulation in Australia.

Unlike previous frameworks, the TEQSA Act centralised regulatory authority under a single agency—TEQSA—to reduce duplication, promote consistency, and ensure that all providers deliver high-quality, student-centred education.

Specifically, this provides the legal basis for:

  • Registering higher education providers

  • Accrediting and monitoring courses of study

  • Enforcing compliance with the Higher Education Standards Framework (Threshold Standards) 2021

  • Protecting students from substandard education and financial or reputational risk

Core Principles of the TEQSA Act

Key Values That Guide Australia’s Higher Education Regulation

At its core, it is built on a few essential regulatory principles:

  • Regulatory necessity: TEQSA intervenes only when necessary, using a proportionate approach.

  • Reflective of risk: The level of oversight is based on the provider’s compliance history and risk profile.

  • Minimisation of regulatory burden: The Act encourages efficiency and simplicity in regulatory engagement.

These principles ensure that regulatory processes are fair, balanced, and supportive of innovation and diversity in the sector.

Key Functions Granted by the TEQSA Act

Understanding TEQSA’s Role in Registration, Accreditation, and Oversight

According to the TEQSA Act, TEQSA holds several critical powers that shape higher education in Australia. These include:

✅ Provider Registration and Course Accreditation

TEQSA can register new institutions, renew existing registrations, and accredit (or re-accredit) courses of study.

✅ Compliance Monitoring

The agency monitors ongoing compliance with the Higher Education Standards Framework, ensuring providers uphold quality standards.

✅ Investigations and Enforcement

If concerns arise, TEQSA can investigate, request information, and take enforcement actions—including conditions on registration, suspension, or cancellation.

✅ Risk Assessments

TEQSA conducts periodic risk assessments to identify and manage institutional weaknesses before they affect students or the public.

Thus, it  empowers TEQSA to serve as both a guardian of educational quality and a strategic partner in institutional improvement.

The Relationship Between the TEQSA Act and the Higher Education Standards Framework

How It Supports National Quality Benchmarks

The Higher Education Standards Framework (Threshold Standards) 2021 sets the baseline for quality and accountability in Australian higher education. However, it is the TEQSA Act that enforces compliance with these standards.

Through the Act, TEQSA ensures that providers:

  • Deliver qualifications aligned with the Australian Qualifications Framework (AQF)

  • Maintain effective academic governance and leadership

  • Support student wellbeing, learning, and engagement

  • Demonstrate financial and operational sustainability

  • Engage in continuous quality improvement

In short, while the Standards provide the “what,” the TEQSA Act supplies the “how” of regulatory enforcement.

How the TEQSA Act Affects Higher Education Providers

Compliance, Risk, and Institutional Responsibility

For higher education providers, the TEQSA Act has far-reaching implications. Institutions must now:

  • Apply for registration under the TEQSA framework

  • Ensure that their courses meet the national standards

  • Submit regular data and performance metrics to TEQSA

  • Be subject to audits, re-registration reviews, and quality assessments

Additionally, institutions must report material changes—such as new campuses, course modifications, or governance restructuring—so TEQSA can assess any potential impact on quality or risk.

Therefore, understanding and complying with the TEQSA Act is not optional—it’s essential for institutional success and sector-wide integrity.

TEQSA Act and International Students

Supporting Consumer Protection and CRICOS Regulation

The TEQSA Act also intersects with the Education Services for Overseas Students (ESOS) Act, particularly when it comes to CRICOS registration and the enrolment of international students.

TEQSA ensures that providers:

  • Offer accurate and transparent information to prospective international students

  • Provide adequate support and complaint mechanisms

  • Monitor student progress and engagement

  • Deliver services that meet the expectations of Australia’s education export market

As a result, the Act plays a central role in upholding Australia’s global reputation as a world-class study destination.

The Evolution of the TEQSA Act and Regulatory Reform

Legislative Updates and the Future of Higher Education Regulation

Since its introduction, the TEQSA Act has undergone several updates to keep pace with a rapidly evolving education landscape. These include:

  • Transitioning TEQSA to a full cost recovery model (TEQSA Charges Act 2021)

  • Clarifying risk-based regulation and the role of institutional autonomy

  • Aligning regulatory tools with sector-wide innovation, such as micro-credentials and online learning

Looking ahead, further refinements to the TEQSA Act may continue as Australian higher education embraces digital transformation, flexible delivery, and global competition.

Conclusion: Why It Matters More Than Ever

In conclusion, the TEQSA Act is the backbone of higher education regulation in Australia. It provides the legal authority and strategic framework TEQSA uses to ensure that students receive high-quality, equitable, and accountable education from all registered providers.

For education leaders, regulators, and providers alike, staying informed about the TEQSA Act is crucial for operational compliance and institutional success.

Author

  • Darlo Higher Education Logo

    With over 15 years of experience in TEQSA consulting, Darlo Higher Education has established itself as the go-to resource for private higher education institutions across Australia. Renowned for its expertise, Darlo is consistently ranked among the top five Higher Education Blogs in Australia, offering cutting-edge insights and guidance to providers navigating the complexities of the Higher Education Standards Framework. Darlo’s team includes former TEQSA staff, professors, academics, and higher education specialists who bring a wealth of experience and practical knowledge to their clients.

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Written By Darlo Higher Education

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