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

Schedule 1   Higher education standards and other amendments

Part 2   Other amendments

Tertiary Education Quality and Standards Agency Act 2011

28   At the end of Division 2 of Part 10

Add:

Subdivision C - Higher education student records

197AA Higher education student records to be provided to TEQSA

(1) If:

(a) an entity that is a registered higher education provider has effectively ceased to operate; or

(b) an entity's registration as a registered higher education provider is cancelled;

TEQSA may, by written notice given to a person who is, or was, an executive officer of the entity, require the person to provide to TEQSA a copy of such of the higher education student records relating to the entity as are specified in the notice within the period specified in the notice.

(2) The period specified in the notice must be at least 14 days after the notice is given.

Offence

(3) A person commits an offence if:

(a) the person is given a notice under subsection (1); and

(b) the person possesses or controls the higher education student records specified in the notice; and

(c) the person fails to comply with the notice.

Penalty: 150penalty units.

Civil penalty

(4) A person contravenes this subsection if:

(a) the person is given a notice under subsection (1); and

(b) the person possesses or controls the higher education student records specified in the notice; and

(c) the person fails to comply with the notice.

Civil penalty: 300penalty units.

197AB TEQSA may request higher education student records

If:

(a) either:

(i) an entity that is a registered higher education provider has effectively ceased to operate; or

(ii) an entity's registration as a registered higher education provider is cancelled; and

(b) TEQSA considers that a person (the holder ) may hold higher education student records relating to the entity; and

(c) the holder is not a person who is, or was, an executive officer of the entity;

TEQSA may, by notice in writing, request the holder to provide to TEQSA a copy of such of those records as are specified in the notice.

197AC Provision of higher education student records to another registered higher education provider

If:

(a) a person (the student ) is enrolled in an accredited course provided by an entity (the first entity ) that is a registered higher education provider; and

(b) the student transfers to another registered higher education provider (the second entity );

then:

(c) the student may request the first entity to provide to the second entity a copy of the higher education student records relating to the student; or

(d) the second entity may request, in writing, the first entity to provide to the second entity a copy of the higher education student records relating to the student.

197AD TEQSA's management of higher education student records

TEQSA may provide a copy of a higher education student record it holds to a registered higher education provider if:

(a) the person to whom the record relates has enrolled, or is seeking to enrol, in an accredited course provided by the provider and the person requests TEQSA, in writing, to provide the copy; or

(b) with the consent of the person to whom the record relates, the provider requests TEQSA, in writing, to provide the copy because that person has enrolled, or is seeking to enrol, in an accredited course provided by the provider.

197AE Compensation

(1) If the operation of section 197AA would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.