15Principle of reflecting risk

15 Principle of reflecting risk

(1) TEQSA complies with the principle of reflecting risk if its exercise of the power has regard to: (a) the entity’s history, including the history of: (i) its scholarship, teaching and research; and (ii) its students’ experiences; and (iii) its financial status and capacity; and (iv) its compliance with the Threshold Standards, this Act, this Act’s associated provisions and other laws regulating education; and (b) matters relating to the risk of the entity not complying with the Threshold Standards, this Act or this Act’s associated provisions in the future, including: (i) its internal quality assurance mechanisms; and (ii) its financial status and capacity; and (iii) the history of persons related to the entity. (2) For the purposes of subparagraph (1)(b)(iii), a person is related to a regulated entity if the person: (a) is able to control, or to materially influence, the entity’s activities or internal affairs; or (b) is able to determine, or to materially influence, the entity’s financial or operating policies; or (c) is financially interested in the entity’s success or failure or apparent success or failure; or (d) is a holding company of the entity; or (e) is a subsidiary of the entity; or (f) is a subsidiary of a holding company of the entity.