Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Act 2021 (14 of 2021)

Schedule 1   Higher education standards and other amendments

Part 1   Higher education standards

Tertiary Education Quality and Standards Agency Act 2011

15   After section 59

Insert:

59A Quality of research

(1) If TEQSA is considering the Threshold Standards, to the extent they relate to research, in relation to:

(a) a regulated entity that has applied under section 18 to TEQSA for registration within the "Australian University" provider category; or

(b) a registered higher education provider that has applied under section 38 to change to the "Australian University" provider category; or

(c) a registered higher education provider that is in the "Australian University" provider category;

TEQSA must have regard to the quality of the research undertaken by the entity or provider.

(2) In doing so, if an instrument is in force under subsection (7), TEQSA must have regard to the matters determined in the instrument.

(3) Subsection (2) does not limit the matters to which TEQSA may have regard.

Matters relating to the quality of research

(4) TEQSA may, in writing, determine matters relating to the quality of research for the purposes of this section.

(5) A determination under subsection (4) has no effect unless the Minister has approved it in writing.

(6) TEQSA must give the Minister such information as the Minister reasonably requires for the purposes of approving the determination.

(7) A determination under subsection (4) made by TEQSA and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.