{"id":"F2018L01753","name":"Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018","slug":"tertiary-education-quality-and-standards-agency-fit-and-proper-person-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98399,"registerId":"commonwealth-F2018L01753-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nTertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018\n\nmade under subsection 7A(2) of the\n\nTertiary Education Quality and Standards Agency Act 2011\n\nCompilation No. 1\n\nCompilation date: 5 April 2025\n\nIncludes amendments: F2025L00482\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018 that shows the text of the law as amended and in force on 5 April 2025 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nPart 1 ‑ Preliminary\n\n1 Name of Determination\n\nThis Determination is the Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018.\n\n3 Authority\n\nThis Determination is made under subsection 7A(2) of the Tertiary Education Quality and Standards Agency Act 2011.\n\n4 Interpretation\n\nIn this Determination:\n\nAct means the Tertiary Education Quality and Standards Agency Act 2011.\n\nNational VET Regulator means the National Vocational Education and Training Regulator established by the National Vocational Education and Training Regulator Act 2011.\n\nRegistered higher education provider has the same meaning as it has in the Act.\n\nTertiary Education Quality and Standards Agency or TEQSA has the same meaning as in the Act.\n\nPart 2 – Fit and proper person\n\n5 Fit and Proper Person Considerations\n\nTEQSA may, in determining whether a person is a fit and proper person for the purposes of the Act, have regard to the matters specified in this Part.\n\n6 Compliance with the law\n\n(1) TEQSA may have regard to whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, a law of the Commonwealth or a State or Territory.\n\nNote: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.\n\n(1A) TEQSA may have regard to whether a person has been convicted of a foreign offence (within the meaning of section 85ZL of the Crimes Act 1914) against a foreign law/s.\n\n(2) If the person has been so convicted or ordered, TEQSA may have regard to the seriousness of the offence or contravention concerned.\n\n(3) TEQSA may have regard to whether the person is currently involved in proceedings before a court or tribunal.\n\n7 Financial record\n\nTEQSA may have regard to whether the person:\n\n(a) has been insolvent or bankrupt; or\n\n(b) has taken steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n\n(c) has compounded with one or more creditors; or\n\n(d) has assigned remuneration for the benefit of one or more creditors; or\n\n(e) has been under external administration (within the meaning of subsection 600H(2) of the Corporations Act 2001); or\n\n(f) has outstanding debts to the Commonwealth.\n\n8 Management history\n\n(1) TEQSA may have regard to whether one or more of the following has been cancelled, revoked, shortened, restricted, not renewed or suspended:\n\n(a) the person’s registration to provide higher education courses, or to offer or confer higher education awards, under the Act or under a State or Territory law;\n\n(b) the person’s registration as a registered training organisation;\n\n(c) the accreditation of a higher education course of study in relation to the person;\n\n(d) the person’s registration under the Education Services for Overseas Students Act 2000;\n\n(e) the person’s approval as:\n\n(i) an approved course provider (within the meaning of the VET Student Loans Act 2016),\n\n(ii) a VET provider (within the meaning of the Higher Education Support Act 2003);\n\n(iii) a higher education provider (within the meaning of the Higher Education Support Act 2003);\n\n(f) subsidy funding arrangements with a State or Territory for the provision of education by the person.\n\n(2) TEQSA may have regard to whether the person has:\n\n(a) had a condition imposed on a registration, approval or arrangement mentioned in subsection (1); or\n\n(b) breached such a condition.\n\n(3) TEQSA may have regard to whether the person has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001.\n\n9 Provision of information\n\nTEQSA may have regard to whether the person provided false or misleading information to any of the following in circumstances where it is reasonable to assume that the person knew that the information was false or misleading:\n\n(a) a body of a State or Territory that registers educational providers;\n\n(b) the National VET Regulator;\n\n(c) TEQSA;\n\n(d) a tuition assurance administrator (within the meaning of the Higher Education Provider Guidelines 2012);\n\n(e) the Minister, the Department or the Secretary;\n\n(f) an authority of a State or Territory that deals with subsidy funding arrangements for education.\n\n10 Previous conduct and involvements\n\n(1) TEQSA may have regard to whether the person has previously been found not to be a fit and proper person for the purposes of one or more of the following:\n\n(a) the Act;\n\n(b) the Australian Education Act 2013;\n\n(c) the Education Services for Overseas Students Act 2000;\n\n(d) the Higher Education Support Act 2003;\n\n(e) the National Vocational Education and Training Regulator Act 2011;\n\n(f) the VET Student Loans Act 2016;\n\n(g) the Higher Education Standards Framework (Threshold Standards) 2015;\n\n(h) subsidy funding arrangements with a State or Territory for the provision of education.\n\n(i) any other law of the Commonwealth, a State or Territory.\n\n(2) TEQSA may have regard to whether the person, or any person engaged to act for or on behalf of the person, has engaged in conduct that reasonably suggests a deliberate pattern of unethical behaviour, or of acting inconsistently with laws of the Commonwealth, a State or a Territory, in relation to the provision of education or training.\n\n(3) TEQSA may have regard to:\n\n(a) whether the person has previously been involved in a business that provided education; and\n\n(b) whether, at the time of that involvement, the business would have been a fit and proper person for the purposes of the Act.\n\n(3A) TEQSA may have regard to whether the public is unlikely to have confidence in the person’s suitability to be a person who makes or participates in making decisions that affect the whole, or a substantial part, of a registered higher education provider’s affairs.\n\n(4) TEQSA may have regard to any other matter relevant to the honesty, knowledge or ability of the person.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | Ord = Ordinance                     |\n| amdt = amendment                               | orig = original                     |\n| c = clause(s)                                  | par = paragraph(s)/subparagraph(s)  |\n| C[x] = Compilation No. x                       | /sub‑subparagraph(s)                |\n| Ch = Chapter(s)                                | pres = present                      |\n| def = definition(s)                            | prev = previous                     |\n| Dict = Dictionary                              | (prev…) = previously                |\n| disallowed = disallowed by Parliament          | Pt = Part(s)                        |\n| Div = Division(s)                              | r = regulation(s)/rule(s)           |\n| ed = editorial change                          | reloc = relocated                   |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered                  |\n| effect                                         | rep = repealed                      |\n| F = Federal Register of Legislation            | rs = repealed and substituted       |\n| gaz = gazette                                  | s = section(s)/subsection(s)        |\n| LA = Legislation Act 2003                      | Sch = Schedule(s)                   |\n| LIA = Legislative Instruments Act 2003         | Sdiv = Subdivision(s)               |\n| (md) = misdescribed amendment can be given     | SLI = Select Legislative Instrument |\n| effect                                         | SR = Statutory Rules                |\n| (md not incorp) = misdescribed amendment       | Sub‑Ch = Sub‑Chapter(s)             |\n| cannot be given effect                         | SubPt = Subpart(s)                  |\n| mod = modified/modification                    | underlining = whole or part not     |\n| No. = Number(s)                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                               | Registration              | Commencement               | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------------------ | ------------------------- | -------------------------- | ----------------------------------------------- |\n| Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018                           | 13 Dec 2018 (F2018L01753) | 14 Dec 2018 (s 2)          |                                                 |\n| Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018 – Amendment No. 1 of 2025 | 4 Apr 2025 (F2025L00482)  | 5 Apr 2025 (s 2(1) item 1) | —                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected       | How affected   |\n| ------------------------ | -------------- |\n| Part 1                   |                |\n| s 2..................... | rep LA s 48D   |\n| Part 2                   |                |\n| s 6..................... | am F2025L00482 |\n| s 10.................... | am F2025L00482 |\n|                          | ed C1          |\n\n> Note: Endnote 5—Editorial changes\n\nIn preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.\n\nParagraph 10(1)(i)\n\nKind of editorial change\n\nNumbering or renumbering of provisions\n\nDetails of editorial change\n\nSchedule 1 item 2 of the Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018 – Amendment No. 1 of 2025 provides as follows:\n\n2. After paragraph 10(1)(h)\n\nInsert:\n\n    10(1)(i) any other law of the Commonwealth, a State or Territory.\n\nThis compilation was editorially changed to renumber the paragraph from “10(1)(i)” to “(i)” to maintain numbering consistency within this determination.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination remains tightly focused on its original purpose: specifying criteria for 'fit and proper person' assessments under the TEQSA Act. The 2025 amendments expanded the scope slightly by adding foreign offence convictions and public confidence considerations, but these are natural extensions of the existing framework rather than mission creep. The instrument has not grown beyond its intended regulatory function."},"complexity_factors":["Short instrument with only 10 operative sections plus preliminary provisions","Minimal defined terms (only 5 definitions in section 4)","No nested conditional logic or exceptions to exceptions","Straightforward structure: general authority followed by enumerated lists of considerations","Cross-references limited to external Acts (Crimes Act, Corporations Act, etc.) rather than internal cross-referencing","Recent amendments (2025) added only two new subsections (6(1A) and 10(3A)) and one paragraph (10(1)(i)), maintaining original simplicity"],"plain_english_summary":"This Determination tells TEQSA how to decide if someone is a \"fit and proper person\" to run or be a key executive of an Australian university or higher‑education provider. Before registering providers or approving senior people, TEQSA may assess criminal and legal history, financial and insolvency record, past management and regulatory actions, honesty with regulators, and overall conduct and reputation.\n\nIt affects applicants for registration, existing directors and senior staff, and anyone needing related approvals — protecting students and system integrity."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Recent amendments (Amendment No. 1 of 2025) broadened the Determination’s scope. Section 6 was amended to expressly allow TEQSA to consider foreign convictions (s 6(1A)), and section 10 was amended to add an open‑ended catchall so TEQSA may consider contraventions of “any other law of the Commonwealth, a State or Territory” (s 10(1)(i)). These changes widen the universe of conduct and legal findings that TEQSA may take into account when assessing fitness and propriety. Mechanically, this expands TEQSA’s discretionary reach and increases the kinds of records and proceedings it may assess, which raises cross‑jurisdictional evidentiary and administrative burdens for applicants and for TEQSA. The amendments are an extension of the Determination’s original purpose (guiding fit and proper assessments) rather than a change of fundamental purpose, but they materially increase its breadth and the uncertainty applicants face."},"complexity_factors":["Short instrument: 10 numbered provisions (including interpretation and Parts)","4 defined terms in the Interpretation section (Act, National VET Regulator, Registered higher education provider, TEQSA)","Part 2 contains 6 substantive sections setting out discretionary factors (s 5–10)","Frequent use of discretionary language (“may have regard to”) increasing conditionality of outcomes","Multiple cross‑references to external statutes and instruments (Crimes Act 1914, Corporations Act 2001, Education Services for Overseas Students Act 2000, Higher Education Support Act 2003, VET Student Loans Act 2016, National Vocational Education and Training Regulator Act 2011, Higher Education Standards Framework 2015, and State/Territory subsidy arrangements)","Addition of foreign convictions (s 6(1A)) introduces cross‑border evidentiary complexity","Nested considerations: e.g. s 8(1) lists many types of regulatory actions and s 8(2) adds conditions and breaches as separate matters","Recent targeted amendments (2025) to broaden scope (s 6 and s 10) increase interpretive scope without adding procedural detail","Limited procedural detail (no thresholds, no weighting, no explicit review process in this text) increases practical complexity despite short length"],"plain_english_summary":"**What this Determination does (mechanics)**\n\n- This Determination tells the Tertiary Education Quality and Standards Agency (TEQSA) what matters it may consider when deciding whether a person is a “fit and proper person” for the purposes of the Tertiary Education Quality and Standards Agency Act 2011 (the Act) (s 5).\n- It does not create mandatory rules that automatically disqualify a person. Instead, it lists categories of information and conduct that TEQSA may take into account when exercising its discretion (use of the word “may” across the Determination). Key categories include:\n  - Criminal or civil penalties imposed under Commonwealth, State or Territory laws, and certain foreign convictions (s 6(1), s 6(1A));\n  - Ongoing legal proceedings (s 6(3));\n  - Financial history such as bankruptcy, insolvency, external administration and outstanding Commonwealth debts (s 7);\n  - Prior regulatory actions affecting education registrations, approvals, accreditations, subsidy arrangements or related approvals (s 8(1)–(2));\n  - Whether the person provided false or misleading information to relevant education or funding authorities (s 9);\n  - Previous findings that the person was not fit and proper under a range of education and training laws, and conduct suggesting deliberate unethical behaviour in education or training (s 10(1)–(2));\n  - Whether the public is unlikely to have confidence in the person’s suitability to make or participate in decisions affecting a substantial part of a registered higher education provider’s affairs (s 10(3A)).\n\n- The Determination defines a small number of terms used in it (for example, Act, National VET Regulator, Registered higher education provider, TEQSA) (Interpretation).\n\n**Who this affects**\n\n- Individuals who make or participate in high‑level decisions for registered higher education providers — for example, owners, directors, senior managers and other persons whose decisions affect a substantial part of a provider’s affairs. It also affects organisations that seek registration or approval under the Act because their nominated responsible persons will be assessed against these matters.\n- Third parties such as regulators, funding authorities and the National VET Regulator are referenced as sources of information that TEQSA may rely on when assessing a person (s 9).\n\n**Why it matters (official rationale and practical consequences)**\n\n- The Determination is designed to give TEQSA a structured set of considerations to judge whether a person is suitable to hold responsibility for a higher education provider. The stated mechanism is to protect standards and public confidence by assessing honesty, competence and conduct (see s 5 and s 10(3A)).\n\n- Testing that claim against trade‑offs and implementation features:\n  - Incentives and behaviour: Because TEQSA may regard past regulatory sanctions, insolvency, false statements and criminal convictions, providers are likely to be more cautious in appointing persons with such histories and may tighten recruitment and disclosure practices (s 6–10). That shifts costs (time, legal checks, record‑keeping) onto providers and applicants.\n  - Discretion and administrative burden: The Determination confers broad discretionary assessment powers (the many \"may have regard to\" clauses). This increases TEQSA’s decision‑making latitude but also creates uncertainty for applicants about how criteria will be weighted in practice (s 5–10).\n  - Cross‑jurisdictional evidence and reliability: The Determination expressly allows foreign convictions to be considered (s 6(1A)). Assessing foreign records raises practical risks (evidence quality, equivalence of offences, differences in disclosure rules) and may increase administrative cost and time.\n  - Interaction with other laws: The Determination cross‑references multiple instruments (Crimes Act note on spent convictions, Corporations Act disqualification, various education laws) (s 6 note; s 8(3)), so outcomes depend on findings under other regimes. This can multiply regulatory effects on a person who is subject to multiple actions across regimes.\n  - Potential compliance costs: Individuals and providers may need legal advice, background checks and documentary evidence to respond to inquiries or to demonstrate suitability; TEQSA may seek information from other agencies (s 9).\n  - Concentration of decision power: TEQSA decides whether a person is fit and proper based on these considerations (s 5). The Determination therefore centralises the assessment but does not itself specify review or appeal mechanisms beyond those in underlying statutes.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who decides: TEQSA decides whether a person meets the fit and proper test, using the listed considerations (s 5).\n- Who pays: Costs fall primarily on the person being assessed and the provider that nominates them — for example, costs for legal representation, background checks, additional governance or replacing nominees. There are also administrative costs to TEQSA and to other agencies asked to share records (s 9).\n- Behaviour changes likely: providers will be more selective about nominees, increase documentation of compliance and past conduct, and may avoid appointing persons with insolvency histories, prior regulatory sanctions or relevant criminal records. Some candidates may be deterred from seeking roles in registered education providers.\n\n**Implementation risks and limits**\n\n- The Determination does not prescribe thresholds or automatic disqualifiers; it leaves balancing to TEQSA’s discretion (s 5). That creates legal uncertainty for applicants about predictability and consistency.\n- Spent‑conviction rules may limit what TEQSA can consider in some cases (noted in the Crimes Act reference in s 6), and assessing foreign convictions raises evidentiary difficulties (s 6(1A)).\n\n**Key sections to consult**\n- General scope: s 5.  Criminal/foreign offences: s 6 (including s 6(1A)).  Financial matters: s 7.  Management and regulatory history: s 8.  Provision of false or misleading information: s 9.  Previous conduct, prior disqualifications and public confidence: s 10.\n"}},"importantCases":[],"_links":{"self":"/api/acts/tertiary-education-quality-and-standards-agency-fit-and-proper-person-determination-2018","history":"/api/acts/tertiary-education-quality-and-standards-agency-fit-and-proper-person-determination-2018/history","analysis":"/api/acts/tertiary-education-quality-and-standards-agency-fit-and-proper-person-determination-2018/analysis","conflicts":"/api/acts/tertiary-education-quality-and-standards-agency-fit-and-proper-person-determination-2018/conflicts","importantCases":"/api/acts/tertiary-education-quality-and-standards-agency-fit-and-proper-person-determination-2018/important-cases","documents":"/api/acts/tertiary-education-quality-and-standards-agency-fit-and-proper-person-determination-2018/documents"}}