1Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018

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Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018

made under subsection 7A(2) of the

Tertiary Education Quality and Standards Agency Act 2011

Compilation No. 1

Compilation date: 5 April 2025

Includes amendments: F2025L00482

About this compilation

This compilation

This 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).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The 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.

Application, saving and transitional provisions for provisions and amendments

If 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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If 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.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Part 1 ‑ Preliminary

1 Name of Determination

This Determination is the Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018.

3 Authority

This Determination is made under subsection 7A(2) of the Tertiary Education Quality and Standards Agency Act 2011.

4 Interpretation

In this Determination:

Act means the Tertiary Education Quality and Standards Agency Act 2011.

National VET Regulator means the National Vocational Education and Training Regulator established by the National Vocational Education and Training Regulator Act 2011.

Registered higher education provider has the same meaning as it has in the Act.

Tertiary Education Quality and Standards Agency or TEQSA has the same meaning as in the Act.

Part 2 – Fit and proper person

5 Fit and Proper Person Considerations

TEQSA 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.

6 Compliance with the law

(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.

Note: 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.

(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.

(2) If the person has been so convicted or ordered, TEQSA may have regard to the seriousness of the offence or contravention concerned.

(3) TEQSA may have regard to whether the person is currently involved in proceedings before a court or tribunal.

7 Financial record

TEQSA may have regard to whether the person:

(a) has been insolvent or bankrupt; or

(b) has taken steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(c) has compounded with one or more creditors; or

(d) has assigned remuneration for the benefit of one or more creditors; or

(e) has been under external administration (within the meaning of subsection 600H(2) of the Corporations Act 2001); or

(f) has outstanding debts to the Commonwealth.

8 Management history

(1) TEQSA may have regard to whether one or more of the following has been cancelled, revoked, shortened, restricted, not renewed or suspended:

(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;

(b) the person’s registration as a registered training organisation;

(c) the accreditation of a higher education course of study in relation to the person;

(d) the person’s registration under the Education Services for Overseas Students Act 2000;

(e) the person’s approval as:

(i) an approved course provider (within the meaning of the VET Student Loans Act 2016),

(ii) a VET provider (within the meaning of the Higher Education Support Act 2003);

(iii) a higher education provider (within the meaning of the Higher Education Support Act 2003);

(f) subsidy funding arrangements with a State or Territory for the provision of education by the person.

(2) TEQSA may have regard to whether the person has:

(a) had a condition imposed on a registration, approval or arrangement mentioned in subsection (1); or

(b) breached such a condition.

(3) TEQSA may have regard to whether the person has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001.

9 Provision of information

TEQSA 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:

(a) a body of a State or Territory that registers educational providers;

(b) the National VET Regulator;

(c) TEQSA;

(d) a tuition assurance administrator (within the meaning of the Higher Education Provider Guidelines 2012);

(e) the Minister, the Department or the Secretary;

(f) an authority of a State or Territory that deals with subsidy funding arrangements for education.

10 Previous conduct and involvements

(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:

(a) the Act;

(b) the Australian Education Act 2013;

(c) the Education Services for Overseas Students Act 2000;

(d) the Higher Education Support Act 2003;

(e) the National Vocational Education and Training Regulator Act 2011;

(f) the VET Student Loans Act 2016;

(g) the Higher Education Standards Framework (Threshold Standards) 2015;

(h) subsidy funding arrangements with a State or Territory for the provision of education.

(i) any other law of the Commonwealth, a State or Territory.

(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.

(3) TEQSA may have regard to:

(a) whether the person has previously been involved in a business that provided education; and

(b) whether, at the time of that involvement, the business would have been a fit and proper person for the purposes of the Act.

(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.

(4) TEQSA may have regard to any other matter relevant to the honesty, knowledge or ability of the person.

Note: Endnotes

Note: Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The 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.

The 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.

Editorial changes

The 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.

If 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.

Misdescribed amendments

A 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.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Note: Endnote 2—Abbreviation key

Note: Endnote 3—Legislation history

Note: Endnote 4—Amendment history

Note: Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Paragraph 10(1)(i)

Kind of editorial change

Numbering or renumbering of provisions

Details of editorial change

Schedule 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:

2. After paragraph 10(1)(h)

Insert:

10(1)(i) any other law of the Commonwealth, a State or Territory.

This compilation was editorially changed to renumber the paragraph from “10(1)(i)” to “(i)” to maintain numbering consistency within this determination.