58Making the Higher Education Standards Framework

58 Making the Higher Education Standards Framework

Making the standards (1) The Minister may, by legislative instrument, make the following standards that make up the Higher Education Standards Framework: (a) the Threshold Standards; (b) other standards against which the quality of higher education can be assessed.

Note: For varying or revoking a standard, see subsection 33(3) of the Acts Interpretation Act 1901.

Requirements before making any of the standards (3) The Minister must not make a standard under this section unless: (a) a draft of the standard has been developed by the Panel; and (b) the Minister has consulted each of the following about the draft: (i) the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; (ii) if the Minister is not also the Research Minister—the Research Minister; (iii) TEQSA. (4) Before the Minister makes a standard under this section, the Minister must have regard to: (a) the draft of the standard developed by the Panel; and (b) any advice or recommendations given to the Minister by any of the following: (i) the Panel, that Ministerial Council or TEQSA; (ii) if the Minister is not also the Research Minister—the Research Minister. Content of the standards (5) Despite subsection 14(2) of the Legislation Act 2003, a standard may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.