Establishes the Australian Tertiary Education Commission (ATEC) as a statutory body within the Department of Education with three offices: a Chief Commissioner, a First Nations Commissioner and between one and three other Commissioners (ss 8–9, 56–59).
Gives ATEC a statutory stewardship role over the higher education system. Its core powers are to enter into and monitor “mission based compacts” with Table A and Table B higher education providers, prepare reports, and provide advice and recommendations to Commonwealth and, where relevant, state and territory ministers (ss 11, 27, 41, 42).
Requires mission based compacts to be in force for providers to receive Commonwealth grants under the Higher Education Support Act (HESA) (s 27; note referencing HESA). ATEC sets the form and terms of compacts, negotiates them with providers, assesses performance at least annually, and may suspend compacts for non‑compliance (ss 29–35).
Creates a fallback: if no negotiated compact is in force, a “default mission based compact” is automatically in force and ATEC determines its terms (ss 36–39).
Requires ATEC to produce recurring documents: an annual “State of the Tertiary Education System” report, and a two‑yearly statement of strategic priorities and work plan (ss 42–46). The Minister must be given drafts ahead of publication and must have copies tabled in Parliament when published (ss 42(3)–(4), 43(6)–(7)).
Provides that ATEC will be assisted by staff from the Department of Education; those staff are subject to ATEC Commissioners’ directions when performing ATEC work (ss 10, 22–24).
The Universities Accord (Australian Tertiary Education Commission) Act 2026 establishes the Australian Tertiary Education Commission (ATEC) as a new statutory body to provide stewardship of the higher education system. Clause 8 creates the ATEC, which consists of the Chief Commissioner, the First Nations Commissioner and up to three Commissioners under clause 9. The Act transfers responsibility for developing the Higher Education Standards Framework from the Higher Education Standards Panel to the ATEC, repealing Part 9 of the Tertiary Education Quality and Standards Agency Act 2011 through the accompanying Consequential and Transitional Provisions Act. Mission-based compacts become a formal requirement for Table A and Table B providers to receive grants under Chapter 2 of the Higher Education Support Act 2003, replacing the previous informal arrangements. Clause 11 sets out eleven functions for the ATEC, including entering into and monitoring compacts, providing advice on costs of teaching and learning, allocating maximum international student commencements when directed by the Minister, and reporting on the state of the tertiary education system. The Act also creates a First Nations Advisory Committee and a Higher Education Standards Committee under clause 25. ATEC must have regard to the National Tertiary Education Objective in clause 13 and the objective of improving outcomes for persons facing systemic barriers in clause 14. The Minister gains powers to notify strategic priorities under clause 15 and issue directions under clause 71, while ATEC prepares a biennial statement of strategic priorities and work plan under clauses 43 and 45. The Act requires independent reviews of its operation after two years and five years under clause 74.
Official source available
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
Introduced with the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Bill 2025, the bill establishes the Australian Tertiary Education Commission to provide stewardship of the higher education system, including by entering into mission based compacts with higher education providers and preparing reports and providing advice and recommendations, if requested by the Minister, to various Commonwealth, state and territory ministers.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
26 Nov 2025
Second reading moved
26 Nov 2025
Second reading debate
05 Feb 2026
Second reading debate
09 Feb 2026
Second reading agreed to
09 Feb 2026
Consideration in detail debate
09 Feb 2026
Consideration in detail debate
10 Feb 2026
Third reading agreed to
10 Feb 2026
Senate
Introduced and read a first time
03 Mar 2026
Second reading moved
03 Mar 2026
Second reading debate
30 Mar 2026
Second reading agreed to
30 Mar 2026
Committee of the Whole debate
Amendment details: 15 Australian Greens and 21 Independent (Senator David Pocock) agreed to
30 Mar 2026
Third reading agreed to
30 Mar 2026
House of Representatives
Consideration of Senate message
Details: House agreed to Senate amendments
31 Mar 2026
Finally passed both Houses
31 Mar 2026
Assent
Act no: 25
Year: 2026
01 Apr 2026
Notes
Documents and transcripts
Text of bill
First reading
Enables the Minister to notify ATEC of short‑ and long‑term strategic priorities (which ATEC must take into account) and to give written directions to ATEC Commissioners about how to carry out functions (ss 15, 71). The Act excludes from ministerial directions the content of advice, decisions, or directions that target a particular provider or class of providers (s 71(2)).
Restricts ATEC’s publication of advice: ATEC must obtain the Minister’s agreement before publishing advice or recommendations (s 69) and may withhold publication for privacy or public‑interest reasons (s 70).
Gives ATEC a specific (Minister‑directed) role in allocating a maximum number of international student commencements to ESOS‑registered providers (s 11(h)).
Who is affected
Commonwealth (the payer and controller of grant conditions): the Act gives the Commonwealth, through ATEC, a statutory mechanism to shape provider behaviour tied to funding (s 27; note referencing HESA).
Public and private higher education providers (Table A and Table B): must have mission based compacts in force to receive Commonwealth grants; compacts can be negotiated, varied, suspended or replaced by default compacts (ss 27–39).
Students and prospective international students: changes to how places are allocated (including international commencements) and how Commonwealth funding is directed may affect availability, composition and price of places (s 11(h), s 41(b)).
State and territory ministers: ATEC must consult and may provide advice to state/territory ministers; the Minister must consult or obtain agreement from relevant portfolio ministers before some actions (ss 12, 15, 43(3)).
Departmental staff: the Act embeds ATEC within the Department of Education and uses departmental staff to deliver ATEC work (ss 10, 22).
Why it matters (official purpose and a practical test against costs, incentives and trade‑offs)
Official purpose-claim: the Act’s stated objective is to provide “stewardship” of the higher education system — to strengthen teaching, research and system capacity, improve equitable access, and coordinate Commonwealth, state, provider and industry activity (s 3). The text emphasises planning, measurement and coordinated priorities (ss 11, 13, 42–45).
Testing that claim against mechanisms, costs and incentives:
Central mechanism for influence: mission based compacts tied to grant payments (s 27; HESA linkage). This creates a direct financial lever: the Commonwealth (via ATEC) can attach behavioural and performance conditions to funding. Incentive effect: providers have a clear reason to negotiate and comply with compact terms, or risk suspension and fallback default terms (ss 33–36).
Who pays and who bears compliance cost: the Commonwealth continues to fund places, but providers bear the administrative and compliance costs of negotiating, reporting to and meeting compact requirements (ss 29, 30). Those costs are concentrated on providers; costs may pass to students through changes to course offerings or pricing if funding or allocations change (s 41(b)).
Autonomy vs control trade‑off: ATEC is housed in the Department and uses departmental staff (ss 10, 22–24). The Minister can set strategic priorities (s 15), issue directions about how Commissioners carry out functions (s 71), and must agree before ATEC publishes most advice (s 69). These features limit ATEC’s institutional independence and increase Ministerial control over public outputs. The trade‑off is greater executive control and coordination at the cost of reduced autonomous analysis and less independent public advice.
Regulatory and reporting burden: ATEC may require information from providers and holds annual assessments and, for default compacts, quarterly progress meetings — these create ongoing reporting obligations (ss 30–31, 39). The Act allows publication of provider suspensions and assessments (ss 33(5), 30(4)), adding reputational stakes.
Effects on private providers and competition: Table B providers (including private providers that receive grants) are subject to the same compact requirement (s 27). Because ATEC can set compact terms and defaults (ss 29, 36), private providers face the risk of prescriptive conditions attached to limited public funding; this could influence their product mix, governance and pricing.
International education allocation: ATEC’s statutory role to allocate maximum international commencements, if exercised, directly affects supply of international student places and the competitive dynamics of institutions that rely on international fees (s 11(h)). The Minister’s direction on this reduces ATEC’s independent discretion and centralises allocation policy in the Minister–ATEC axis.
Academic freedom and safeguards: the Act requires ATEC to consider the effect of proposed compact terms on academic freedom (s 29(2)(e). However, ATEC may include measurable performance indicators in compacts (s 29(4)(a)), which creates potential tension between performance metrics and academic discretion.
Concentrated benefits vs diffuse costs: the Act concentrates decision‑making with a small number of commissioners appointed by the Minister (ss 56–58) and with ATEC staff drawn from the Department (s 22). The benefits of that concentrated control (policy coherence, central planning) are likely concentrated to those who shape policy; the compliance and operational costs are spread across many providers and potentially students.
Implementation and operational risk: embedding ATEC within the Department simplifies resourcing in the short term but may limit ATEC’s capacity to commission independent research or hire staff outside APS arrangements (ss 22–24). The Act requires reviews at two and five years (s 74), which recognises uncertainty about operational effectiveness.
Practical effect in one line
The Act creates a Department‑supported commission that stewards higher education mainly by pairing Commonwealth grant access with negotiated (or default) mission‑based compacts, while preserving Ministerial control over strategic priorities, publication of advice, and directions to Commissioners (ss 27, 36, 15, 69, 71).
Key statutory checks and limits you should note
ATEC must take the National Tertiary Education Objective into account (s 13) and must have regard to improving outcomes for people facing systemic barriers (s 14).
The Minister cannot direct the content of ATEC’s advice or direct ATEC to make decisions about a particular provider or class of providers (s 71(2)).
Publication of ATEC’s advice requires Ministerial agreement (s 69), but ATEC must still produce public reports (s 42) subject to specified publication restrictions (s 70).
(Section references are to the Universities Accord (Australian Tertiary Education Commission) Act 2026 as enacted.)
Main concepts
The central concept is stewardship of the tertiary education system through the ATEC, defined in clause 3 as providing oversight to strengthen quality teaching, research and workforce alignment. The National Tertiary Education Objective in clause 13 requires the system to promote a strong, equitable and resilient democracy while driving national, economic, social development and environmental sustainability. Mission-based compacts under Part 3 represent the primary mechanism for aligning provider goals with national priorities, requiring measurable performance indicators and methodologies for assessment under clause 29. Default mission-based compacts apply automatically when no negotiated compact is in force, ensuring continuity of grant eligibility. The three-commissioner structure balances general expertise with specific First Nations representation, with collective requirements in clause 59 for knowledge in higher education, VET, governance, research, stakeholder engagement and regional Australia. Strategic priorities notified by the Minister under clause 15 and the ATEC's own statement of strategic priorities under clause 43 guide annual work plans. Advice and recommendations functions in clause 41 cover policy settings, funding costs, student demand, skills alignment, governance, international student allocations and coordination between higher education and VET. The State of the Tertiary Education System report in clause 42 provides annual public assessment of trends, targets, regional delivery, financial sustainability and outcomes for disadvantaged groups.
Who it affects
Table A and Table B providers, which include all public universities and most private universities, must enter mission-based compacts with the ATEC to remain eligible for Commonwealth grants, directly affecting their funding, strategic planning and performance reporting. Higher education providers registered under the Tertiary Education Quality and Standards Agency Act 2011 face new advice channels on the Higher Education Standards Framework through the ATEC's Higher Education Standards Committee. ESOS registered providers may receive allocations of maximum international student commencements when the Minister directs the ATEC under paragraph 11(h). VET providers and state and territory governments experience improved coordination requirements through ATEC advice functions on tertiary education collaboration. Aboriginal and Torres Strait Islander communities gain dedicated representation via the First Nations Commissioner and First Nations Advisory Committee, with specific functions to promote participation and outcomes. Students, particularly those from low socioeconomic backgrounds, regional areas or with disability, are affected through ATEC's reporting and advice on access, participation and success measures. The Department of Education provides staff assistance to the ATEC under clause 22, integrating ATEC operations within existing departmental structures. Ministers responsible for education, VET, research and science at Commonwealth, state and territory levels receive advice and must be consulted on priorities and plans. Sector bodies such as Universities Australia, the Regional Universities Network and the Independent Tertiary Education Council Australia engage through consultation requirements in clauses 12, 43 and 45.
What people will want to know
Providers will want to know the exact process and timeline for negotiating mission-based compacts, including how ATEC assesses previous performance and academic freedom impacts under clause 29. Students and equity groups will seek details on how the annual State of the Tertiary Education System report measures progress against participation targets and outcomes for Aboriginal and Torres Strait Islander students, regional students and those facing systemic barriers. International education providers need clarity on when and how the Minister will direct ATEC to allocate maximum student commencements, noting that further legislative amendments are flagged in the explanatory material for a full framework. University leaders will ask whether ATEC advice on the efficient cost of higher education will influence future Commonwealth contribution amounts or student contribution rates under the Job-ready Graduates package. VET stakeholders will want to understand the scope of ATEC functions to improve coordination with higher education, particularly through the work plan and statement of strategic priorities. Staff and governance bodies will need to know the implications of compact suspension under clause 33, including the shift to default compacts and potential regulatory consequences from TEQSA. Researchers will look for how ATEC advice on research and research training under paragraph 41(1)(aa) interacts with existing Australian Research Council processes. All parties will want practical information on the timing of the first statement of strategic priorities due by 1 January 2027 and the first annual report covering 2026.
Status and what happens next
The Act received royal assent on 1 April 2026 as Act No. 25 of 2026 and commences on 29 April 2026, twenty-eight days after assent. The first State of the Tertiary Education System report must cover the 2026 calendar year and be published by 31 December 2027. The first statement of strategic priorities must be published on or before 1 January 2027 following consultation with ministers, stakeholders and the public. Recruitment for the Chief Commissioner, First Nations Commissioner and Commissioners has already commenced. The ATEC must establish the First Nations Advisory Committee and Higher Education Standards Committee shortly after commencement. The Minister may notify initial strategic priorities once the ATEC is operational. An independent review of the ATEC's role, functions and achievement of objects must commence before 29 April 2028, with a further review of the Act's operation before 29 April 2031. The Department of Education will include ATEC performance information in its annual report under clause 72. Further amendments to the Higher Education Support Act 2003 and the ATEC Act are signalled in the explanatory memorandum to implement managed growth funding, needs-based funding and international student allocation frameworks.
Powers, duties and rights created
The ATEC holds the power to enter into mission-based compacts with Table A and Table B providers under clause 27 and to suspend those compacts under clause 33 after giving 28 business days' notice and considering provider responses. It must assess provider performance against compact terms at least annually under clause 30 and may require information from providers for that purpose. The ATEC can publish reports on assessments and must publish compacts and lists of suspended providers on its website. The Minister may direct ATEC Commissioners on how they carry out functions by legislative instrument under clause 71, though directions cannot address advice content, specific decisions or individual providers. ATEC Commissioners have the duty to have regard to the National Tertiary Education Objective and equity outcomes objective when performing functions. The Chief Commissioner presides at meetings, holds a casting vote and manages decision-making without meetings under clauses 49, 51 and 54. The First Nations Commissioner has specific duties to consult with Aboriginal and Torres Strait Islander peoples and promote their interests under clause 19. Providers gain the right to negotiate compact terms in good faith and to receive 28 business days' notice before any suspension. The Minister holds the power to appoint and terminate commissioners under clauses 56 to 67, subject to eligibility criteria and collective expertise requirements. ATEC may establish committees and engage contractors to assist its functions under clauses 25 and 24.
Money, penalties and enforcement
The Act contains no direct appropriation of funds or establishment of new penalties. Grant payments to Table A and Table B providers under the Higher Education Support Act 2003 are conditional on a mission-based compact or default compact being in force, creating an enforcement mechanism through funding eligibility rather than civil or criminal penalties. Suspension of a compact under clause 33 removes the provider from the negotiated compact framework and places it under a default compact, with potential further regulatory consequences from TEQSA noted in the bill digest. No specific financial penalties for non-compliance with compact terms are created. ATEC operations are funded through the Department of Education, with staff assistance provided by the Secretary under clause 22 and contractors engaged under clause 24. Remuneration for commissioners is determined by the Remuneration Tribunal under clause 61. The Act requires the Minister to table ATEC reports and strategic documents in Parliament but does not create new reporting obligations with financial consequences. Future amendments flagged in the explanatory memorandum for managed growth and needs-based funding may introduce additional financial linkages once enacted.
Pressure points and controversies
Stakeholder submissions to the Senate Education and Employment Legislation Committee identified concerns about the limited number of commissioners and whether three positions can cover the required breadth of expertise in higher education, VET, research and regional issues. Universities Australia and others argued that ATEC lacks sufficient autonomy because it is assisted by Department of Education staff and because most advisory functions require a ministerial request rather than allowing initiative. The Independent Tertiary Education Council Australia raised the structural primacy given to public universities through the focus on Table A and Table B providers, arguing this excludes much of the broader tertiary system. Ambiguity in the scope of mission-based compacts, particularly their potential to impose prescriptive requirements on Table B providers that receive limited Commonwealth funding, was noted by several experts. The power to allocate international student commencements under paragraph 11(h) was criticised as a capping mechanism pending further legislative detail. The absence of pricing authority or funding allocation functions recommended in the original Accord Report creates a gap between the legislation and earlier policy intentions. Trade-offs exist between embedding ATEC within the Department for administrative efficiency and maintaining perceived independence from ministerial and departmental influence. The requirement for ministerial agreement before publishing advice under clause 69 limits ATEC's ability to release findings without government approval.
What changes if it passes
With royal assent granted, the higher education oversight framework now includes a dedicated commission with statutory functions to enter and monitor mission-based compacts that link provider missions to national priorities. Table A and Table B providers must negotiate and maintain these compacts to access grants, shifting from previous voluntary arrangements to a structured performance and alignment system. Responsibility for advising on the Higher Education Standards Framework moves to the ATEC and its new Higher Education Standards Committee, replacing the former Higher Education Standards Panel. Annual public reporting on the state of the tertiary education system becomes mandatory, covering attainment targets, regional delivery, equity outcomes, research quality and financial sustainability. The First Nations Commissioner and dedicated advisory committee provide formal mechanisms for Aboriginal and Torres Strait Islander input into policy development. Ministers gain structured channels for setting short-term and long-term priorities while ATEC must consult widely on its own strategic documents. International student allocation powers are available for ministerial direction, though full operational detail awaits further legislation. Reviews scheduled after two and five years will assess whether the ATEC has achieved the objects of stewardship, equity, coordination and quality improvement set out in clause 3. The Department of Education integrates ATEC operations while maintaining separate commissioner decision-making structures.
Social post angles
New oversight body for universities begins operations in April 2026, with three commissioners tasked with aligning institutional missions to national priorities through formal compacts. First Nations Commissioner role embedded in tertiary education governance for the first time, requiring consultation and promotion of Aboriginal and Torres Strait Islander participation outcomes. Mission-based compacts replace informal agreements, requiring universities to demonstrate measurable contributions to equity, regional needs and skills demand to retain grant funding. Annual State of the Tertiary Education System report will publicly track progress on participation targets, research quality and outcomes for disadvantaged students from 2026 onwards. ATEC can allocate maximum international student places when directed by the Minister, creating a new mechanism for managing sector growth and capacity. Independent reviews of the commission after two and five years will test whether the new structure delivers the long-term system focus recommended by the Universities Accord. Providers must negotiate compacts in good faith, with suspension possible after 28 days' notice if performance terms are not met or information is withheld. Strategic priorities set by the Minister must be published on the ATEC website, giving the sector early visibility of government direction for the next two-year planning cycle.
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
House of representatives
2nd reading amendment
LEESER, Julian, MP
Detail - Crossbench
RYAN, Monique, MP
Detail - Crossbench
CHANEY, Kate, MP
Detail - Opposition
LEESER, Julian, MP
Senate
2R - Australian Greens [sheet 3712]
FARUQI, Sen Mehreen
2R - Independent [sheet 3714]
POCOCK, Sen David
CW - Australian Greens [sheet 3728]
FARUQI, Sen Mehreen
CW - Australian Greens [sheet 3720]
FARUQI, Sen Mehreen
CW - Australian Greens [sheet 3710]
FARUQI, Sen Mehreen
CW - Australian Greens [sheet 3674]
FARUQI, Sen Mehreen
CW - Australian Greens [sheet 3672]
FARUQI, Sen Mehreen
CW - Australian Greens [sheet 3671]
FARUQI, Sen Mehreen
CW - Australian Greens [sheet 3670]
FARUQI, Sen Mehreen
CW - Australian Greens [sheet 3669]
FARUQI, Sen Mehreen
CW - Australian Greens [revised sheet 3668]
FARUQI, Sen Mehreen
CW - Australian Greens [sheet 3667]
FARUQI, Sen Mehreen
CW - Independent [sheet 3730]
THORPE, Sen Lidia
CW - Independent [sheet 3727]
POCOCK, Sen David
CW - Independent [sheet 3726]
POCOCK, Sen David
CW - Independent [sheet 3716]
POCOCK, Sen David
CW - Independent [sheet 3715]
POCOCK, Sen David
CW - One Nation [sheet 3717]
HANSON, Sen Pauline
CW - Opposition [sheet 3665]
O'SULLIVAN, Sen Matt
Schedules of amendments
Schedule of the amendments made by the Senate
Bills digest
Bills Digest
Notes
Referred to Committee (27/11/2025): Senate Education and Employment Legislation Committee; Committee report (27/02/2026)
Considered by scrutiny committee (04/02/2026): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 2 of 2026
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
The Universities Accord (Australian Tertiary Education Commission) Bill 2025 (the Bill) provides for the establishment of the Australian Tertiary Education Commission (ATEC) to provide stewardship of the higher education system.
The Bill enshrines a National Tertiary Education Objective (NTEO), to which ATEC must have regard in performing its functions.
Establishing ATEC was a recommendation of the Australian Universities Accord, although not all components of the recommendations are included in the Bill.
The Minister would appoint three commissioners, including a First Nations Commissioner. At least one must have experience with vocational education and training (VET). ATEC will be assisted by the Department of Education.
As well as the NTEO, and specific criteria in the Bill, ATEC must have regard to the Minister’s short-term and long-term strategic priorities when performing functions or exercising powers.
ATEC is to provide advice and recommendations on a number of prescribed areas and/or upon request by the Minister. It would also provide:
an annual report on the state of the tertiary education system
advice and recommendations on the Higher Education Standards Framework.
ATEC would establish and monitor performance through mission based compacts with Table A and B providers, which will outline how the provider’s purpose, values and goals align with national, state and local priorities, planning and strategy.
The Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Bill 2025 (the C&T Bill) amends related legislation to implement the Bill, including transferring responsibilities for the Higher Education Standards Framework to ATEC, and enabling information sharing between the Department of Education and ATEC.
The Coalition has questioned the need for an additional bureaucratic layer, but is yet to announce its position on the Bill.
The Greens have not announced a position on the Bill; however, they appear to generally support the creation of a statutory ATEC.
Sector stakeholders have generally been supportive of an ATEC, but have criticised elements of the Bill, such as ATEC’s limits on providing advice on its own initiative.
The Bills have been referred to the Senate Education and Employment Legislation Committee, due to report on the 26 February 2026.
Introductory Info
Date of introduction: 26 November 2025
House introduced in: House of Representatives
Portfolio: Education
Commencement: Both Bills commence 28 days after Royal Assent.
Purpose of the Bill
The purpose of the Universities Accord (Australian Tertiary Education Commission) Bill 2025 (the Bill) is to establish the Australian Tertiary Education Commission (ATEC) to provide stewardship of the higher education system. The Bill sets out:
ATEC’s structure of 3 commissioners, and relationship to relevant Ministers and the Department of Education
ATEC’s objectives and functions, including entering into mission based compacts with Table A and B providers, preparing reports, and providing advice and recommendations if requested by the Minister.
The purpose of the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Bill 2025 (C&T Bill) is to support the implementation of the Bill through transitional arrangements and amendments to the:
Higher Education Support Act 2003 (HESA)
Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act).
Structure of the Bill
The Bill establishes a new Act with 6 Parts that cover the formation of ATEC, it’s structure, functions and objectives.
The C&T Bill comprises 2 Schedules. Schedule 1 covers amendments to HESA and the TEQSA Act. Schedule 2 covers application provisions and transitional rules.
Background
Past commissions
Australia established a Universities Commission in 1943, which was legislated as the Australian Universities Commission in 1959. In 1977, the Australian Universities Commission, the Commission on Advanced Education and the Commission on Technical and Further Education were amalgamated into the Tertiary Education Commission, which operated to 1988.
In 1988 the Minister for Employment, Education and Training (John Dawkins) introduced legislation to rationalise the advisory structures in his portfolio. The Employment, Education and Training Act 1988 abolished the existing advisory arrangements across the portfolio, including the commissions model, and replaced them with the National Board of Employment, Education and Training (NBEET), supported by advisory councils, including a Higher Education Council.
Further background on the previous commissions model is available in the Parliamentary Library’s 2003 publication, Higher Education Funding Policy.
Australian Universities Accord
The Australian Universities Accord was a 12-month review of the higher education sector. The Australian Universities Accord Interim Report (Interim Report) noted that the review was considering ‘the benefits of establishing a new national body, a Tertiary Education Commission’ (pp. 20-21). The Australian Universities Accord Final Report (Accord Report), released in February 2024, recommended the establishment of an ATEC (Recommendation 30).
The Accord Report argues that in the absence of such a commission, ‘tertiary education policy and implementation … has lacked deep thinking and clarity of direction’ (p. 226). Resulting fragmented policy and funding changes have had a range of consequences, including:
‘regulatory inconsistencies, insufficient data and metrics with which to monitor, evaluate and compare sector performance, and concerns about university governance and workforce arrangements, including high rates of casualisation’
erosion of ‘the stability and sustainability of higher education providers, and their flexibility in adapting to changing needs.’ (p. 225)
Furthermore, ‘there has been a decline in the capability and capacity of the public institutions responsible for overseeing the system’ (p. 226). The Accord Report considers that the policy departments overseeing the sector ‘lack a long-term system focus and have instead prioritised responsiveness to ministerial and government priorities.’ (p. 226).
The Accord Report provides nine examples of resulting shortcomings, that include the following:
the [Job -ready Graduates] reforms included policy changes that relied on student behavioural responses not supported by evidence to increase student enrolments in government-preferred fields of study
…
the persistent under-representation of some student cohorts in higher education, meaning many Australians do not have the opportunity to participate in and benefit from post-school education
ongoing challenges from the lack of alignment between the higher education and vocational education and training sectors, including barriers to reskilling and recognition of skills, have exacerbated skills shortages
…
the current lack of clarity on pricing what government and students pay to reflect the true cost of delivery, both for the teaching of individual courses and for research activities, limits the targeting of funding arrangements to achieve intended policy outcomes (p. 227)
Recommendations
In his second reading speech Minister Clare stated that ‘[o]f all the recommendations in the Accord [the creation of ATEC] might be the most important. As someone told me the other day, the ATEC is the Accord.’
Recommendation 30 in the Accord Report covers the establishment of an Australian Tertiary Education Commission in 9 parts (a-i) and numerous subparts (pp. 244-245). Several other recommendations throughout the Accord Report are linked to the Commission’s activities.
The Accord Report also presents ‘the Commission’ in respect to its recommendation of ‘an overarching National Tertiary Education Objective’, to:
underpin a strong, equitable and resilient democracy
drive national economic and social development and environmental sustainability. (pp. 225, 233)
The Accord Report calls for the Commission to be established under legislation and to work with key institutions and meet the needs of its stakeholders’ by:
delivering on the overarching objective of the system
focusing the system on current and future skills needs
promoting access and opportunity
developing an improved understanding of the cost of delivery for providers and appropriate and fair levels of student contributions
promoting a diverse choice of institutional and study options
fostering a cohesive tertiary education system through the development of sound policy
encouraging continuous improvement in tertiary education, research, and research training
providing support for increasing the quality of the tertiary education workforce
providing expert advice to the government and tertiary education sector. (p. 234)
Some components recommended by the Accord Report are not addressed by the Bill. Several such components are discussed below, and in the Key issues and provisions section.
ARC and TEQSA incorporation
The Accord Report calls for the inclusion of the Australian Research Council (ARC) and Tertiary Education Quality and Standards Agency (TEQSA) under ATEC for ‘a comprehensive view of the whole tertiary education system’, with the head of these agencies to become commissioners (recommendation 30(e), p. 245). In May 2024, it was reported that Minister Clare had informed universities that TEQSA and the ARC would not be included in ATEC. The Bill makes no provisions for their inclusion under ATEC.
Commissioners and advisory bodies
The Bill does not provide for the Accord’s recommendation for several further commissioners: two deputy commissioners (the Bill provides for one ‘Commissioner’, clause 9), an Equity Commissioner and a Regional Education Commissioner (recommendation 30(g)). The Government has had a Regional Education Commissioner since 2021.
While the Bill provides for the establishment of a First Nations Advisory Committee (clause 25), it does not provide for the other advisory boards and councils in recommendation 30(h), including an ongoing Advisory Board. However, the Bill does provide for ATEC to establish further committees.
Pricing and funding authority
The Accord Report recommends that ATEC have ‘pricing authority’ and ‘funding allocation’ functions (recommendations 30(b)(iv) and 30(b)(v): ‘the Commission would need authority to make independent pricing decisions within a policy framework and funding envelope set by government’ (p. 238). This authority would also apply to research funding with the ARC proposed to be embedded in ATEC (p. 238, see also recommendation 28, p. 31).
The Bill addresses these areas only in terms of ATEC providing advice and recommendations on the costs of education provision (subparagraph 11 (d)(ii) and paragraph 41(1)(b)); see also later section on Job-ready Graduates).
The Explanatory Memorandum (EM) flags that ‘future amendments to HESA and the ATEC’s enabling legislation will establish the ATEC’s role in the implementation of domestic managed growth and needs based funding for higher education providers.’ (p. 8) Future amendments to ATEC’s enabling legislation are also intended to support international student allocations (discussed below).
Reduce regulatory burden
The Accord Report states that its recommendation for an ATEC (among other recommendations) ‘is intended to be implemented in a way that reduces administrative burden on institutions whilst increasing tertiary education system intelligence, harnessing system capability and reinforcing institutional autonomy’ (p. 226). While several of ATEC’s functions are described as being aimed towards reducing regulatory burden, stakeholders such as Independent Higher Education Australia have expressed concern that ATEC itself will add to this burden.
Policy position of non-government parties/independents
The Coalition has not announced whether it will oppose or support the Bill. Shadow Minister for Education, Julian Leeser, has said there are ‘unresolved questions’ with the Bill, and questioned the need for the commission, which he referred to as ‘one more layer of bureaucracy’. These comments echo arguments that there was ‘no compelling case to proceed with the ATEC’ made by the Coalition in response to the Accord Report (see also recent discussion in Senate Estimates). At the 2025 election, the Parliamentary Budget Office costed ATEC as ‘not proceeding’ under the Coalition.
The Greens have not announced their position on the Bill. However, in additional comments to the Senate Education and Employment Legislation Committee report into Quality of governance at Australian higher education providers, they recommended that ‘the Australian Tertiary Education Commission's foundational legislation should clearly articulate the public mission and the educational, social, and civic functions of a public university sector’.
An area of likely debate is the continuation of the Job Ready Graduates package (discussed further below), which substantially increased student contributions in some disciplines. This issue has been a focus of the Greens’ and independent Senator David Pocock’s recent comments around ATEC.
Policy position of key interest groups
Reaction from sector bodies and commentators, including in submissions to the Senate Education and Employment Legislation Committee inquiry into the Bills (Senate Inquiry), have raised some consistent criticisms of the Bill, including arguments that there is:
an insufficient number of Commissioners
a lack of autonomy from the Department of Education, and for ATEC to pursue reporting, advice and recommendations on its own initiative
ambiguity or overly broad remit for mission based compacts
ambiguity over ATEC’s role in setting international student allocations, and funding allocations and contributions
increased regulatory burden and duplication for providers (see also, for instance, the Regional Universities Network’s (RUN) response to the implementation consultation paper).
Several of these concerns are discussed further in the ‘Key issues and provisions section’ of the Digest.
Universities Australia (UA) argues that the proposed legislation will not ‘deliver a well-designed and independent system steward’ (submission 51, p. 2). UA recommends ATEC have more commissioners, greater autonomy to conduct research and deliver advice on its own initiative, greater control over its own staffing, and greater policy setting powers (including on costing and pricing) (p. 2). UA also recommends clarification around ATEC’s role ‘as a strategic steward, not a regulator’ (including minimising duplication with TEQSA), provision for strengthening First Nations leadership and contributions to ATEC’s work, strengthening provisions for research capability, and establishing an innovation fund through which ATEC could fund ‘independent, forward-looking research’ towards fulfilling its objectives (p. 3). The submission provides proposed amendments to meet UA’s recommendations.
The Independent Tertiary Education Council Australia (ITECA) cautiously supports an ATEC and elements of the Bill (submission 6), but has criticised it for prioritising the ‘structural primacy’ of public universities: ‘It is not credible for a Tertiary Education Commission to have a legislated remit that has direct oversight only on what is a small part - on any reliable metric - of the tertiary system.’ (submission 6, p. 5) It has called for the Bill to be withdrawn and reworked with wider consultation or alternatively amended to better represent the tertiary education system.
TAFE Directors Australia has expressed support for the establishment of ATEC and the introduction of the Bill.
Some additional discussion and analysis of submissions is available from the Future Campus website (see also a previous article, and analysis in relation to international education from the Koala International Education News).
Key issues and provisions
ATEC structure and selected functions
ATEC will consist of 3 commissioners: the Chief Commissioner, the First Nations Commissioner and the Commissioner (clause 9). They will be appointed by the Minister, hold office for no longer than 5 years at a time (though may be re-appointed), and must meet certain collective eligibility requirements, as well as individual eligibility requirements respective to the commissioner role, ranging from knowledge and experience to independence and credibility (clauses 56-59).
Recruitment for these positions has commenced. Higher education expert Andrew Norton has commented on what he sees as the difficulty of having sufficient breadth of experience across 3 commissioners. Several submissions to the Senate Inquiry also argue that the number of commissioners is insufficient (see for instance, UA (submission 51, pp. 5-6), the RUN (submission 35, p. [4]), the Australian Technology Network of Universities (ATN, submission 56, p 2), the International Education Association of Australia (submission 53, p. 3) and the Academy of the Social Sciences in Australia (submission 33, p. 3)).
Part 5, Division 4 of the Bill sets out the terms and conditions of commissioner appointments, including that the Minister may determine other terms and conditions ‘in relation to matters not covered by this Act’ (clause 65). The Minister may terminate an appointment for reasons that include if ‘the Minister is satisfied that the performance of the ATEC Commissioner has been unsatisfactory for a significant period of time.’ (subclause 67(3)). No further guidance on this power is provided in the Bill or EM (p. 52).
The Bill enshrines the Accord Report’s recommendation for a National Tertiary Education Objective, to which the ATEC must have regard in performing functions and exercising powers:
(a) promote a strong, equitable and resilient democracy; and
(b) drive national, economic and social development and environmental sustainability (clause 13).
Several stakeholders called for this objective to be refined in their submissions to the Senate Inquiry (see, the Australasian Council of Deans of Arts, Social Sciences and Humanities (submission 19, p. 3) and the National Tertiary Education Union (NTEU) (submission 18, pp. [3]-[4])). The Bill lists 11 functions for ATEC (clause 11). Several are discussed below, and others in later sections.
Equity and First Nations
The Bill has areas of specific focus on increasing ‘equitable access to, and participation and success in, the higher education system,’ and improving the same benchmarks for Aboriginal persons and Torres Strait Islanders (clause 3) This focus is reiterated in the type of advice and recommendations that ATEC can give (paragraph 11(d)) and by the requirement for ATEC to have regard to the objective of improving outcomes for people facing systemic barriers to education, including Aboriginal persons and Torres Strait Islanders, in performing its functions or exercising its powers (clause 14).
The First Nations Commissioner must be an Aboriginal person or Torres Strait Islander and have significant understanding of issues affecting these groups (clause 57). Their functions include consulting with, promoting the interests and perspectives of, and providing advice on the participation and outcomes of Aboriginal persons and Torres Strait Islanders (clause 19).
UA has argued that the Bill does not provide sufficient decision making and resourcing for ‘First Nations leadership, research, policy capability and community engagement functions’ (submission 51, pp. 9-10).
International education
One of ATEC’s functions will be ‘to allocate a maximum number of international student commencements to [Education Services for Overseas Students] registered providers at the direction of the Minister’ (paragraph 11(h)). The EM states that ‘intended future amendments to the ATEC’s enabling legislation will also provide a framework for the ATEC’s role in allocating international student commencements to higher education providers, when directed by the Minister’ (p. 2).
Andrew Norton argues that paragraph 11(h) as it stands (without future amendments) constitutes a ‘capping power’. Norton states that given the intended future amendments to the legislation, ‘it is hard to see why section 11(h) needs to be in the ATEC bill.’ He calls for its removal.
ATEC autonomy and Ministerial powers
The Accord Report calls for ATEC to be:
… an independent statutory authority answering to the Education and Skills Ministers, to enable it to provide robust advice and support evidence-based decision making and planning. It needs to be agile and responsive to immediate issues, whilst remaining future-focused overall. (p. 234)
Discussion of ATEC has included questions and debate about its level of independence from both the government and higher education institutions. In a 2025 article, Tom Boland, former Chief Executive of Ireland’s equivalent to an ATEC, argues that such a body requires the autonomy to serve as a buffer between the Department and universities, appoint its own CEO and staff, and have the power to deliver research and advice as it deems appropriate and necessary.
The EM states that ‘Formal independence is a foundational element of the ATEC’s design.’ (p. 6) However, the Bill has raised concerns from stakeholders and experts about ATEC’s perceived lack of independence from the Minister and the Department of Education (the Department). Numerous stakeholders have submitted calls to give ATEC greater independence in providing research and advice, and separation from the Department (see UA (submission 51, pp. 5-7) the Group of Eight Universities (submission 27, p. 1), RUN (submission 35, p. [3]) and Australian Academy of Science (submission 39, pp. 1-2)).
Minister’s power to advise priorities and give directions
The Bill allows the Minister to notify ATEC in writing of the Minister’s ‘short‑term and long‑term strategic priorities (if any) for the tertiary education system’ (clause 15). The Minister must seek and obtain agreement from the VET minister, and consult with the Science and/or Research ministers where relevant. ATEC must publish the Minister’s notification on its website and is required to take the Minister’s priorities into account when performing its functions or exercising its powers.
The Minister may, by legislative instrument, give written directions to an ATEC commissioner about how they ‘carry out any of the functions’ of their role or ATEC’s functions (clause 71). These directions are not subject to disallowance. This power is caveated by provisions that such directions cannot relate to:
(a) the content of any advice that may be given by the ATEC Commissioner or the ATEC; or
(b) any decision that may be made by the ATEC Commissioner or the ATEC; or
(c) a higher education provider or a class or classes of higher education providers.
ATEC must prepare a ‘statement of strategic priorities’ (SSP), outlining its strategic priorities for the tertiary education system every 2 years (clause 43). It must consult with a range of Ministers, including at the state and territory level, and with stakeholder representatives, and invite submissions.
Similarly, ATEC must prepare a work plan setting out its ‘priorities and outcomes’ every 2 years. It requires the same ministerial consultations as the statement of strategic objectives (clause 45).
Neither the ATEC’s SSP or the workplan are legislative instruments (subclauses 43(8) and 45(6)).
Minister’s power to seek advice and recommendations
ATEC can provide advice and recommendations without request from the Minister in relation to specific regulatory legislation of its own initiative (paragraphs 11(e) and (f)). It can also ‘report and publish information in relation to the tertiary education system and higher education providers’, and ‘undertake or coordinate research and data analysis activities’ in relation to its functions (paragraphs 11(g) and (j)). However, the majority of ATEC’s advisory functions can only be performed at the request of the Minister.
Clause 41 lists areas in which ATEC must give advice and recommendations to the Minister, upon the Minister’s request. Requests can also be made by the VET Minister, or by respective state or territory Ministers through their Commonwealth counterparts, where relevant.
ATEC’s advice and recommendations can only be published with the agreement of the Minister (clause 69).
ATEC is also required to produce a ‘State of the Tertiary Education System’ report for every calendar year (clause 42) and publish it within 12 months of the end of that year. The Bill provides a list of options for what the report may include, such as emerging trends and issues, attainment and participation targets, service delivery for regional Australia, and outcomes for persons facing systemic barriers. The report must be provided to the Minister(s) 4 weeks ahead of publication on ATEC’s website, and the Minister must table a copy in parliament.
The Accord Report had recommended that ATEC also prepare a rolling triennial planning report, referred to as a ‘Future of the Sector’ report (p. 241 and recommendation 36(b), p. 254). There are no requirements that ATEC prepare such a report in the Bill.
Departmental role
ATEC will be housed in the Department of Education and assisted by its staff. Some criticism of the Bill has called into question the impact of these arrangements on ATEC’s independence (see also reporting on submissions to the Senate Inquiry, and submissions such as from UA (submission 51, pp. 5-6), the NTEU (submission 18, p. [2]) and RUN (submission 35, p. 3)).
ATEC Commissioners will be officials of the Department for the purposes of the Public Governance, Performance and Accountability Act 2013 and therefore subject to the requirements under that Act (clause 10).
ATEC is to be assisted by APS employees of the Department, made available by the Secretary (clause 22). The Bill provides that these staff ‘are subject to the directions of the ATEC Commissioners’. The Secretary also controls arrangements for other Commonwealth employees, consultants or employees of State or Territory governments or government authorities to be available for ‘the performance of any of the ATEC’s functions’ (clauses 23 and 24).
Acting commissioner appointments and commissioner or Ministerial delegation arrangements may also involve SES employees of the Department (clauses 60 and clause 73).
ATEC’s authority
Mission based compacts
ATEC will assert direct influence over the higher education sector through mission based compacts.
Mission based compacts already exist between the Commonwealth and Table A and Table B universities (all universities except Carnegie Mellon University):
Entering into a compact is one of the quality and accountability requirements which a higher education provider must meet under the Higher Education Support Act 2003 (HESA) as a condition of receiving a grant.
The purpose of the existing compacts is:
… to provide a strategic framework for the relationship between the Commonwealth and each higher education provider. It sets out how each provider’s mission aligns with the Commonwealth’s goals for higher education, innovation, teaching and learning, research and research training and equity.
The Accord Report considers the existing mission based compacts to ‘lack real clout and strategic impact, including enforcement or incentive mechanisms.’ (p. 236)
Having a mission based compact with ATEC will similarly be a requirement for Table A and B universities in order to receive a grant under Chapter 2 of HESA (clause 27). The purpose of these compacts is stated as:
to give the provider flexibility to pursue their goals and mission while also enabling the provider to:
(a) contribute to diversity within the higher education system; and
(b) contribute to higher education priorities including those set out in the statement of strategic priorities prepared under section 43; and
(c) meet the higher education needs of the provider’s students and community. (clause 28)
‘Flexibility’ appears to relate to the way in which each provider will have its own bespoke mission based compact, and the scope to operate independently within set objectives and requirements:
… while the form or structure of institutional compacts may be similar, the terms within each compact will be tailored to reflect the unique characteristics, priorities, and missions of individual institutions. This approach is designed to support diversity in delivery and purpose across the higher education system, enabling alignment with national, state, and local priorities, strategic planning, industry engagement, and innovations in learning and teaching. (EM, p. 28)
The reference in paragraph 28(c) to ‘meet the higher education needs of the provider’s students and community’ could be seen as offering further flexibility.
ATEC ‘must decide on the form and terms’ of the compacts, and in doing so it must ‘negotiate the form and terms of the compact with the provider’. ATEC must also ‘consider’ (clause 29):
its statement of strategic priorities (under clause 43)
the stated purpose of the compacts
the goals, mission, strategic plan, geographic location and local community of the given provider
the provider’s performance against any previous such compacts and
‘the effect (if any) the proposed terms may have on the academic freedom of the provider’.
The EM explains that intended future amendments to the legislation and HESA would also draw ‘load allocation’ into mission based compacts:
This structure will explicitly link institutional actions and commitments related to mission with student load allocation and distribution - recognising that these elements must be considered together to drive coherent system-wide outcomes. (p. 8)
The compacts should also include ‘measurable performance indicators’ and ‘methodologies to assess the provider’s performance’ (subclause 29(4)).
The compacts are in force for a period up to 4 years (clause 35).
Andrew Norton has expressed concern that these compacts ‘can include many prescriptive requirements and goals’ on Table B providers (primarily private institutions) that may be antithetical to their more independent status and the limited amount of Commonwealth funding they receive. Other stakeholders and experts have questioned the scope of the mission based compacts in terms of the ambiguity of the provisions in the Bill, and the potential for ATEC to wield significant power over providers (see submissions from Claire Field (submission 15, p. 3), Mark Warburton (submission 4, p. 3-4) and the University of New England (submission 10, p. 3)).
Suspension of mission based compacts
ATEC is to assess Table A and Table B providers’ outcomes against the terms of their mission based compacts at least once per calendar year (subclause 30(1)). These assessments may involve requesting information from the provider and must take into account ‘steps taken’ by the provider and matters beyond the provider’s control in meeting the terms of the compact (clause 30). ATEC can also conduct progress meetings with providers (clause 31).
Clause 33 sets out that ATEC may give notice to suspend a compact if the provider fails to comply with the compact’s terms, if the provider fails to provide information under subclause 30(2) or if ATEC considers the provider is not negotiating a subsequent compact in good faith. ATEC must give the provider 28 business days’ notice and must also take into account factors such as the provider’s response to the notice for suspension, previous engagement with ATEC and history of compliance (subclause 33(4)). ATEC must publish a list of providers with suspended compacts on its website. ATEC can remove a suspension if the reason for suspension is rectified (clause 34).
Consequences of suspension
If a mission based compact is suspended or one has not been entered into (including after a previous compact has expired), a default mission based compact is in force (clause 36). ATEC must decide on the form and terms of a default mission based compact, with options to continue applying the suspended or preceding compact (clause 36).
It is only if no compact is in force that grants cannot be paid to a Table A or Table B provider (proposed section 19-110 of HESA, at item 1 of the C&T Bill). The Bill provides ATEC with the power to suspend, but not unilaterally terminate a mission based compact (clause 35). A mission based compact can only be terminated through agreement between ATEC and the provider, or if a provider terminates the compact or ceases to be either a Table A or Table B provider (paragraphs 35(b)-(d)). Note 2 to subclause 27(1) outlines that there may be other consequences to suspension of a mission based compact, including regulatory action from TEQSA in relation to a provider’s compliance with the Higher Education Standards Framework.
Job-Ready Graduates and funding for Commonwealth Supported Places
The Government’s reforms in response to the Accord have not yet addressed one of the sector’s leading preoccupations: the Job-ready Graduates (JRG) package. The Accord Report assesses JRG as follows:
Policy changes introduced as part of the JRG package in 2021, designed to influence student choice and usher students into areas of expected employment demand, have not worked. Rather, they have resulted in some students incurring disproportionately large HELP debts relative to future potential earnings, meaning that HELP debts are taking longer and longer to repay. (p. 153)
It concludes that JRG has undermined the purpose of the HELP system to enable wider access and system growth:
Various cost pressures on students as a result of higher fees are impeding student access to, and participation in, higher education - with a consequential effect on further system growth. (p. 152)
Research also suggests JRG has not changed student enrolment behaviour as intended, only influencing 1.5% of students to change degrees (extended report also available).
Recommendation 16a of the Accord Report calls for reducing the student contribution rates introduced through the JRG, and a move ‘toward a student contribution system based on projected potential lifetime earnings.’ (p. 166) In May 2025, the Government itself declared the JRG policy ‘didn’t work’, and stated that ATEC would ‘look at that Job-ready Graduates program and what change can happen’.
The Bill provides for no apparent immediate action to address student contribution costs. ATEC does have the specified function to prepare reports and provide advice and recommendations, if the Minister requests, on ‘the efficient cost of higher education across disciplines and student cohorts and in relation to the Commonwealth contribution amounts for places in funding clusters’ (subparagraph 11(d)(ii)). This function is reiterated with slightly different wording around the ‘the costs of teaching and learning in higher education and overall higher education funding amounts, including on a per student basis’ at paragraph 41(b).
Andrew Norton argues that the Bill suggests an approach whereby student contributions are a ‘residual item’ to Commonwealth contributions, with the former to be calculated against the latter. He also discusses how the wording of these subclauses may have relevance to the Government’s intended Managed Growth Funding System.
Under the Bill, ATEC will provide advice and recommendations:
to the Minister in relation to the Higher Education Standards Framework (the Framework) under the TEQSA Act
to TEQSA in relation to the Higher Education Standards Framework under the TEQSA Act, on its own initiative or at TEQSA’s request (paragraphs 11(e) and (f)).
Through legislative instrument, the Minister can set the Higher Education Standards Framework, which includes the Threshold Standards and other quality-related standards. They are regulated by TEQSA.
Currently, under Part 9 of the TEQSA Act, the Higher Education Standards Panel (HESP) (currently 8 people) must develop the draft Framework for the Minister, and both must consult widely - for the Minister that includes with state and territory governments and TEQSA (see Andrew Norton’s blogpost for more overview). The Bill and C&T Bill will amend the TEQSA Act to repeal Part 9 and provide that the Minister will now make the Framework on the advice of the ATEC, instead of on the advice of the HESP (which will no longer exist).
Andrew Norton has noted that the eligibility requirements for ATEC Commissioners omit those applied to HESP members, such as ‘professional knowledge and demonstrated expertise, including in higher education and the development of quality standards’ (section 167, TEQSA Act). On the latter, the Bill does allow for ATEC to form committees, ‘with appropriate knowledge or experience relevant to the subject matter,’ to provide advice or recommendations (subclauses 25(2) and (4)). The EM explains that ATEC could form an advisory committee to assist with its functions relating to the Threshold Standards (p. 26).
Links
The links to the Bill and its Explanatory Memorandum can be found on the Bill’s home page for the Universities Accord (Australian Tertiary Education Commission) Bill 2025 and the Universities Accord (Australian Tertiary Education Commission) (Consequential and Transitional Provisions) Bill 2025, or through the Australian Parliament website.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as of January 2026.
Creative Commons
With the exception of the Commonwealth Coat of Arms, and to the extent that copyright subsists in a third party, this publication, its logo and front page design are licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Australia licence.
In essence, you are free to copy and communicate this work in its current form for all non-commercial purposes, as long as you attribute the work to the author and abide by the other licence terms. The work cannot be adapted or modified in any way. Content from this publication should be attributed in the following way: Author(s), Title of publication, Series Name and No, Publisher, Date.
To the extent that copyright subsists in third party quotes it remains with the original owner and permission may be required to reuse the material.
Inquiries regarding the licence and any use of the publication are welcome to webmanager@aph.gov.au.
Disclaimer
Bills Digests are prepared to support the work of the Australian Parliament. They are produced under time and resource constraints and aim to be available in time for debate in the Chambers. The views expressed in Bills Digests do not reflect an official position of the Australian Parliamentary Library, nor do they constitute professional legal opinion. Bills Digests reflect the relevant legislation as introduced and do not canvass subsequent amendments or developments. Other sources should be consulted to determine the official status of the Bill.
Any concerns or complaints should be directed to the ParliamentaryLibrarian at webmanager@aph.gov.au. Parliamentary Library staff are available to discuss the contents of publications with Senators and Members and their staff. To access this service, clients may contact the author or the Library‘s Central Enquiry Point for referral.
An Act to provide for the establishment of the Australian Tertiary Education Commission, and for related purposes
[Assented to 1 April 2026]
The Parliament of Australia enacts:
Part 1,Preliminary
1 Short title
This Act is the Universities Accord (Australian Tertiary Education Commission) Act 2026.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
The whole of this Act
The 28th day after this Act receives the Royal Assent.
29 April 2026
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Objects of this Act
(1) The objects of this Act are the following:
(a) to provide stewardship of the higher education system;
(b) to strengthen the higher education system to enable the delivery of quality teaching and learning and internationally competitive research and research training;
(c) to ensure the higher education system has the capacity and capability required to meet Australia’s current and future student, skills and workforce demand;
(d) to increase equitable access to, and participation and success in, the higher education system by all students;
(e) to promote coordination and collaboration between the Commonwealth, the governments of the States and Territories, higher education providers, industry, employers, unions and the public in relation to the future of the higher education system;
(f) to improve coordination and collaboration between the higher education system and the VET system;
(g) to recognise the role of Aboriginal persons and Torres Strait Islanders in the higher education system and improving Aboriginal persons’ and Torres Strait Islanders’ access to, and participation and success in, the higher education system;
(h) to recognise the public‑focused mission of higher education, the importance of academic freedom and the crucial role of higher education in developing knowledge and critical inquiry for the benefit of society.
(2) In order to achieve its objects, this Act provides for the establishment of the Australian Tertiary Education Commission.
4 Simplified outline of this Act
This Act establishes the Australian Tertiary Education Commission (the ATEC) and provides for the appointments of the ATEC Commissioners.
The ATEC consists of the Chief Commissioner, the First Nations Commissioner and the Commissioners.
The purpose of the ATEC is to provide stewardship of the higher education system. The ATEC provides this stewardship primarily by:
(a) entering into mission based compacts with Table A and Table B providers; and
(b) preparing reports, and providing advice and recommendations to various Commonwealth, State and Territory Ministers.
The Act also deals with administrative and miscellaneous matters relating to the ATEC and the ATEC’s powers and functions, including meetings, decision‑making, appointments and Ministerial directions.
5 Definitions
In this Act:
Aboriginal person means a person of the Aboriginal race of Australia.
academic freedom has the same meaning as in the Higher Education Support Act 2003.
ATEC means the Australian Tertiary Education Commission.
ATEC Commissioner means:
(a) the Chief Commissioner; or
(b) the First Nations Commissioner; or
(c) a Commissioner.
Chief Commissioner means the Chief Commissioner appointed under section 56.
Commissioner means a Commissioner appointed under section 58.
Commonwealth contribution amount has the same meaning as in the Higher Education Support Act 2003.
course of study has the same meaning as in the Higher Education Support Act 2003.
ESOS registered provider means a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011) that is registered under Part 2 of the Education Services for Overseas Students Act 2000.
First Nations Commissioner means the First Nations Commissioner appointed under section 57.
funding clusters has the same meaning as in the Higher Education Support Act 2003.
higher education provider has the same meaning as in the Higher Education Support Act 2003.
Higher Education Standards Framework has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.
international student commencement means a commencement by an overseas student in a course of study with an ESOS registered provider.
National Tertiary Education Objective: see section 13.
overseas student has the same meaning as in the Education Services for Overseas Students Act 2000.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
Research Minister means the Minister who administers the Australian Research Council Act 2001.
rules means the rules made under section 75.
Science Minister means the Minister who administers the Industry Research and Development Act 1986.
Secretary means the Secretary of the Department.
Table A provider has the same meaning as in the Higher Education Support Act 2003.
Table B provider has the same meaning as in the Higher Education Support Act 2003.
tertiary education means higher education, including teaching, learning and research, and VET, including research.
tertiary education provider means:
(a) a higher education provider; and
(b) a registered training organisation within the meaning of the Higher Education Support Act 2003.
tertiary education system means the higher education system and the VET system.
Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.
VET means vocational education and training.
VET Minister means the Minister who administers the National Vocational Education and Training Regulator Act 2011.
6 Constitutional limits
(1) The ATEC may perform its functions and exercise its powers only in accordance with this section.
Main constitutional basis
(2) The ATEC may perform its functions and exercise its powers with respect to:
(a) the executive power of the Commonwealth; or
(b) matters incidental to the execution of any of the legislative powers of the Parliament.
Other constitutional bases
(3) In addition, the ATEC may perform its functions and exercise its powers with respect to:
(a) corporations to which paragraph 51(xx) of the Constitution applies; or
(b) the people of any race for whom it is deemed necessary to make special laws.
Meaning of terms
(4) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.
Part 2,Establishment and functions of the Australian Tertiary Education Commission
Division 1,Introduction
7 Simplified outline of this Part
This Part establishes the Australian Tertiary Education Commission (the ATEC), the offices of the Chief Commissioner, the First Nations Commissioner and the Commissioners, and sets out the functions of the ATEC and the ATEC Commissioners.
The main functions of the ATEC are:
(a) to enter into mission based compacts with Table A and Table B providers; and
(b) to prepare reports, and provide advice and recommendations to the Minister, the VET Minister and the Ministers for each State and Territory responsible for higher education or VET, in relation to the tertiary education system; and
(c) to consult and collaborate with Commonwealth, State and Territory Ministers and participants and stakeholders in the tertiary education system.
The primary function of the ATEC Commissioners is to assist the ATEC in the performance of its functions.
When performing functions and exercising powers, the ATEC and the ATEC Commissioners must have regard to the National Tertiary Education Objective and the objective of improving outcomes for persons facing systemic barriers to education.
This Part also sets out the staff whose services are made available by the Secretary to assist the ATEC, establishes the First Nations Advisory Committee and the Higher Education Standards Committee and enables the ATEC to establish other committees to provide advice or recommendations to the ATEC.
Division 2,The Australian Tertiary Education Commission
8 Establishment of the Australian Tertiary Education Commission
The Australian Tertiary Education Commission is established by this section.
9 Composition of the ATEC
The ATEC consists of:
(a) the Chief Commissioner; and
(b) the First Nations Commissioner; and
(c) the Commissioners.
10 Part of the Department for certain purposes
For the purposes of paragraph (a) of the definition of Department of State in section 8 of the Public Governance, Performance and Accountability Act 2013, the ATEC is prescribed in relation to the Department.
Note: This means that the ATEC Commissioners are officials of the Department for the purposes of the Public Governance, Performance and Accountability Act 2013.
11 Functions of the ATEC
The ATEC has the following functions:
(a) to consult and collaborate with participants and stakeholders in the tertiary education system;
(b) to enter into mission based compacts with Table A and Table B providers and assess providers against the terms of their compacts;
(c) to prepare reports, and provide advice and recommendations to the Minister, the VET Minister and the Ministers for each State and Territory responsible for higher education or VET, in relation to the higher education system and the tertiary education system;
(d) to prepare reports, and provide advice and recommendations to the Minister, in relation to:
(i) improving higher education access, participation and outcomes for persons facing systemic barriers to education, including Aboriginal persons and Torres Strait Islanders, persons with disability, persons of a low socioeconomic background and persons living in regional Australia; and
(ii) the efficient cost of higher education across disciplines and student cohorts and in relation to the Commonwealth contribution amounts for places in funding clusters; and
(iii) opportunities to streamline the regulation of higher education providers;
(e) to provide advice and recommendations to the Minister in relation to the Higher Education Standards Framework under the Tertiary Education Quality and Standards Agency Act 2011;
(f) to provide advice and recommendations to the Tertiary Education Quality and Standards Agency in relation to the Higher Education Standards Framework under the Tertiary Education Quality and Standards Agency Act 2011, either on the ATEC’s own initiative or at the request of the agency;
(fa) to provide advice and recommendations to the Minister in relation to research and research training;
(g) to report and publish information in relation to the tertiary education system and higher education providers;
(h) to allocate a maximum number of international student commencements to ESOS registered providers at the direction of the Minister;
(i) any other functions conferred on the ATEC by this Act, the rules or any other law of the Commonwealth;
(j) to undertake or coordinate research and data analysis activities in relation to any of the above functions;
(k) to do anything incidental or conducive to the performance of any of the above functions.
12 Consultation when performing functions and exercising powers
In performing its functions or exercising its powers, the ATEC may consult with any of the following persons or bodies:
(a) the Minister;
(b) if the Minister is not the VET Minister,the VET Minister;
(c) if the Minister is not the Research Minister,the Research Minister;
(d) if the Minister is not the Science Minister,the Science Minister;
(e) the Ministers for each State and Territory responsible for higher education;
(f) the Ministers for each State and Territory responsible for VET;
(g) higher education system stakeholder representatives;
(h) higher education student representatives;
(i) any other person or body that the ATEC considers appropriate.
13 The National Tertiary Education Objective
(1) The National Tertiary Education Objective is the objective for tertiary education in Australia to:
(a) promote a strong, equitable and resilient democracy; and
(b) drive national, economic and social development and environmental sustainability.
(2) In performing functions or exercising powers, the ATEC and the ATEC Commissioners must have regard to the National Tertiary Education Objective.
14 Objective of improving outcomes for certain persons
In performing functions or exercising powers, the ATEC and the ATEC Commissioners must have regard to the objective of improving outcomes for persons facing systemic barriers to education, including Aboriginal persons and Torres Strait Islanders, persons with disability, persons of a low socioeconomic background and persons living in regional Australia.
15 Minister’s strategic priorities
(1) The Minister may, in writing, notify the ATEC of the Minister’s short‑term and long‑term strategic priorities (if any) for the tertiary education system.
(2) Before notifying the ATEC of any priorities under subsection (1), the Minister must:
(a) if the priorities relate to VET and the Minister is not the VET Minister,seek and obtain the agreement of the VET Minister regarding the priorities; and
(b) if the priorities relate to research and:
(i) the Minister is not the Research Minister,consult with the Research Minister; and
(ii) the Minister is not the Science Minister,consult with the Science Minister.
(3) A notification under subsection (1) must be published on the ATEC’s website within 4 weeks of the notification.
Note: The publication of certain information contained in a notification may be restricted (see section 70).
(4) If the Minister notifies the ATEC of any priorities under subsection (1), the ATEC must take those priorities into account when performing its functions or exercising its powers under this Act.
(5) Subsection (1) does not limit the Minister’s power to give the ATEC Commissioners directions under section 71.
(6) A notification under subsection (1) is not a legislative instrument.
Division 3,The ATEC Commissioners
16 Chief Commissioner
There is to be a Chief Commissioner.
Note: For provisions relating to the Chief Commissioner’s appointment, see Divisions 3 and 4 of Part 5.
17 Functions of the Chief Commissioner
The functions of the Chief Commissioner are:
(a) to assist the ATEC in the performance of its functions; and
(b) such other functions as are conferred on the Chief Commissioner by the rules, this Act or any other law of the Commonwealth; and
(c) to do anything incidental or conducive to the performance of any of the above functions.
Note: The Chief Commissioner has various functions under Division 2 of Part 5 (ATEC meetings and decision‑making).
18 First Nations Commissioner
There is to be a First Nations Commissioner.
Note: For provisions relating to the First Nations Commissioner’s appointment, see Divisions 3 and 4 of Part 5.
19 Functions of the First Nations Commissioner
The functions of the First Nations Commissioner are:
(a) to assist the ATEC in the performance of its functions; and
(b) to consult with Aboriginal persons and Torres Strait Islanders in relation to tertiary education matters; and
(c) to promote the interests and perspectives of Aboriginal persons and Torres Strait Islanders in the development and implementation of tertiary education policy; and
(d) to undertake research and provide advice to the Chief Commissioner and the Commissioners on matters in relation to the participation in tertiary education by, and outcomes relating to, Aboriginal persons and Torres Strait Islanders; and
(e) such other functions as are conferred on the First Nations Commissioner by the rules, this Act or any other law of the Commonwealth; and
(f) to do anything incidental or conducive to the performance of any of the above functions.
20 Commissioners
There is to be at least 1, but not more than 3, Commissioners.
Note: For provisions relating to a Commissioner’s appointment, see Divisions 3 and 4 of Part 5.
21 Functions of the Commissioners
The functions of the Commissioners are:
(a) to assist the ATEC in the performance of its functions; and
(b) such other functions as are conferred on the Commissioners by the rules, this Act or any other law of the Commonwealth; and
(c) to do anything incidental or conducive to the performance of any of the above functions.
Division 4,Other persons
22 Departmental staff assisting the ATEC
(1) The staff assisting the ATEC are to be APS employees in the Department whose services are made available to the ATEC by the Secretary, in connection with the performance of any of the ATEC’s functions.
(2) The Secretary must consult the ATEC before making the services of an SES employee available to the ATEC.
(3) When performing services for the ATEC, the staff whose services are made available to the ATEC are subject to the directions of the ATEC Commissioners.
23 Other persons assisting the ATEC
(1) The ATEC may also be assisted by employees of Agencies (within the meaning of the Public Service Act 1999) whose services are made available to the ATEC in connection with the performance of any of the ATEC’s functions.
(2) The Secretary may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of:
(a) a State or Territory government; or
(b) a State or Territory government authority;
under which the government or authority makes officers or employees available to the ATEC to perform services, in accordance with this section, in connection with the performance of any of the ATEC’s functions.
(3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person to whom the arrangement relates.
(4) When performing services for the ATEC under this section, a person is subject to the directions of the ATEC Commissioners.
24 Contractors and consultants
(1) The Secretary may, on behalf of the Commonwealth, engage contractors or consultants to assist in the performance of the ATEC’s functions.
(2) The contractors or consultants are to be engaged on the terms and conditions that the Secretary determines in writing.
Division 5,Committees
25 Committees
First Nations Advisory Committee
(1) The ATEC must establish a committee to be known as the First Nations Advisory Committee to provide advice and recommendations to the ATEC in relation to participation and outcomes for Aboriginal persons and Torres Strait Islanders in tertiary education and Aboriginal and Torres Strait Islander knowledge.
Higher Education Standards Committee
(1A) The ATEC must establish a committee to be known as the Higher Education Standards Committee to provide advice and recommendations to the ATEC in relation to its functions under:
(a) paragraphs 11(e) and (f) of this Act; and
(b) sections 58A and 58B of the Tertiary Education Quality and Standards Agency Act 2011.
(1B) Without limiting subsection (4), in determining the membership of the Higher Education Standards Committee, the ATEC must:
(a) ensure the members collectively have an appropriate balance of professional knowledge and demonstrated expertise, including in higher education and in the development of standards relating to the quality of higher education; and
(b) ensure the members collectively have contemporary experience in the provision of higher education by registered higher education providers (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011); and
(c) have regard to the interests of the States and Territories, current and prospective higher education students, and staff of higher education providers.
Other committees
(2) The ATEC may establish other committees to provide advice or recommendations to the ATEC in relation to the performance of the ATEC’s functions.
General
(3) A committee established under this section is to consist of such persons as the ATEC determines.
(4) The ATEC must ensure that the members of a committee have appropriate knowledge or experience relevant to the subject matter of the committee.
(5) The ATEC may determine for a committee:
(a) the committee’s terms of reference; and
(b) the terms and conditions of appointment of the members of the committee; and
(c) the procedures to be followed by the committee; and
(d) the committee’s reporting requirements.
(6) Members of a committee are not officials for the purposes of the Public Governance, Performance and Accountability Act 2013.
Part 3,Mission based compacts and default mission based compacts
Division 1,Introduction
26 Simplified outline of this Part
This Part deals with mission based compacts and default mission based compacts.
The ATEC may enter into a mission based compact with a Table A or Table B provider. The ATEC must assess a provider against the terms of their compact at least once every calendar year.
Mission based compacts may be suspended by the ATEC for various reasons including if the ATEC reasonably believes that the provider has failed to meet, or has breached, a term of their compact, or will be unable to meet a term.
The ATEC must publish a list of providers that have suspended compacts on the ATEC’s website.
If there is no mission based compact in force between the ATEC and a Table A or Table B provider (because, for example, a compact has not been entered into or the compact has been suspended), a default mission based compact is in force between the ATEC and the provider.
Division 2,Mission based compacts
27 Mission based compacts
(1) The ATEC may, on behalf of the Commonwealth, enter into a mission based compact with a Table A or Table B provider.
Note 1: A mission based compact, or a default mission based compact, must be in force between the ATEC and a Table A or Table B provider in respect of each year for which a grant under Chapter 2 of the Higher Education Support Act 2003 is paid to the provider (see section 19‑110 of that Act).
Note 2: If the ATEC reasonably believes a provider has failed to comply with a term of their mission based compact, this may result in a suspension of their compact (see paragraph 33(1)(a)). Failure to comply with a term may also constitute a failure to comply with other requirements that the provider is subject to, and may lead to other consequences. For example, it may result in the Tertiary Education Quality and Standards Agency taking regulatory action in relation to the provider’s compliance with the Higher Education Standards Framework.
(2) The ATEC must publish the compact on the ATEC’s website within 28 days after the compact is entered into. The ATEC must ensure the published compact is kept up‑to‑date.
Note: The publication of certain information contained in a compact may be restricted (see section 70).
28 Purpose of mission based compacts
The purpose of a mission based compact between the ATEC and a Table A or Table B provider is to give the provider flexibility to pursue their goals and mission while also enabling the provider to:
(a) contribute to diversity within the higher education system; and
(b) contribute to higher education priorities including those set out in the statement of strategic priorities prepared under section 43; and
(c) meet the higher education needs of the provider’s students and community.
29 Form and terms
(1) The ATEC must decide on the form and terms of a mission based compact.
(2) In deciding the form and terms of a compact, the ATEC must:
(a) consider the strategic priorities and outcomes set out in the statement of strategic priorities prepared under section 43; and
(b) consider the purpose of mission based compacts as set out in section 28; and
(c) consider the goals, missions, strategic plan, geographic location and local community of the Table A or Table B provider who is entering into the compact; and
(d) consider the provider’s performance against the terms of any previous mission based compact entered into between the ATEC and the provider; and
(e) consider the effect (if any) the proposed terms may have on the academic freedom of the provider; and
(f) negotiate the form and terms of the compact with the provider.
(3) The ATEC and the provider must participate in the negotiations under paragraph (2)(f) in good faith.
(4) Without limiting subsection (1), a compact must:
(a) include terms that specify measurable performance indicators relevant to the provider’s goals or mission; and
(b) set out the methodologies to be used to assess the provider’s performance against the terms of the compact.
30 Assessment of providers against terms
(1) The ATEC must assess a Table A or Table B provider’s outcomes against the terms of the provider’s mission based compact at least once per calendar year.
(2) In order to make an assessment under subsection (1), the ATEC may, by notice in writing, require the provider to provide such information as the ATEC directs within the period specified in the notice.
(3) In making an assessment under subsection (1), the ATEC must:
(a) consider the steps taken by the provider to meet the terms of the compact; and
(b) take into account matters affecting the provider’s ability to meet the terms of the compact, including any matter reasonably outside the provider’s control.
(4) The ATEC may publish a report in relation to an assessment on the ATEC’s website.
Note: The publication of certain information contained in a report may be restricted (see section 70).
31 Progress meetings
(1) The ATEC may conduct meetings with a Table A or Table B provider to discuss the provider’s progress towards meeting the terms of their mission based compact.
(2) Meetings under subsection (1) may be conducted once per calendar year, unless otherwise agreed by the ATEC and the provider.
32 Variation of compacts
(1) The ATEC may vary the terms of a mission based compact with a Table A or Table B provider with the agreement of the provider.
(2) The provider may make a request for the ATEC to vary the terms of the provider’s compact under subsection (1).
33 Suspension of compacts
(1) The ATEC may, by written notice given to a Table A or Table B provider, suspend a mission based compact with the provider if:
(a) the ATEC reasonably believes that, for reasons within the provider’s control, the provider:
(i) has failed to meet, or has breached, a term of the compact; or
(ii) will be unable to meet a term of the compact; or
(b) the provider fails to comply with a requirement to provide information to the ATEC under subsection 30(2); or
(c) if the ATEC is negotiating with the provider under paragraph 29(2)(f) for the purpose of entering into a subsequent compact with the provider,the ATEC reasonably believes that the provider is not participating in the negotiations in good faith.
Note: If the ATEC suspends a compact, the compact is not in force between the ATEC and the provider (see paragraph 35(a)). If a compact under this Division is not in force, a default compact is in force (see subsection 36(1)).
(2) Before the ATEC suspends a compact under subsection (1), the ATEC must give the provider a notice of the proposed suspension, in writing, at least 28 business days before the suspension.
(3) The notice under subsection (2) must:
(a) set out the reason for the proposed suspension; and
(b) invite the provider to respond to the reason for the proposed suspension within the period specified in the notice; and
(c) if the reason for the proposed suspension is a reason specified in subparagraph (1)(a)(i) or (a)(ii),invite the provider to engage with the ATEC in relation to that reason.
(4) In suspending a compact under subsection (1), the ATEC must take into account:
(a) any response by the provider to the notice given to the provider under subsection (2); and
(b) if the reason for the suspension is a reason specified in subparagraph (1)(a)(i) or (a)(ii):
(i) the nature and seriousness of the reason, including any impact the reason may have on the provider’s students or staff; and
(ii) any engagement the ATEC has had with the provider in relation to the reason, including engagement in response to the notice given to the provider under subsection (2); and
(iii) the provider’s history of compliance with their compact.
(5) The ATEC must publish a list of providers whose compacts are suspended under this section on the ATEC’s website. The ATEC must ensure the list is kept up‑to‑date.
Note: The publication of certain information contained in the list may be restricted (see section 70).
34 Removal of suspension
(1) If the ATEC suspends a mission based compact with a Table A or Table B provider under section 33, the ATEC may, by written notice to the provider, remove the suspension.
(2) Without limiting subsection (1), the ATEC may remove a suspension if:
(a) where the reason for the suspension is the reason specified in subparagraph 33(1)(a)(ii),the ATEC reasonably believes that the provider will be able to meet the term of the compact; or
(b) where the reason for the suspension is the reason specified in paragraph 33(1)(b),the provider complies with the requirement to provide information to the ATEC; or
(c) where the reason for the suspension is the reason specified in paragraph 33(1)(c),the ATEC reasonably believes that the provider is participating in the negotiations in good faith.
35 Period in force
A mission based compact is in force for a period of up to 4 years, as specified in the compact, from the day the compact is entered into unless:
(a) the ATEC suspends the compact under section 33; or
(b) the ATEC and the Table A or Table B provider agree to terminate the compact; or
(c) the Table A or Table B provider, by written notice to the ATEC, terminates the compact; or
(d) the Table A or Table B provider who entered the compact ceases to be a Table A or Table B provider.
Division 3,Default mission based compacts
36 Default mission based compacts
(1) If a mission based compact under Division 2 of this Part is not in force between the ATEC and a Table A or Table B provider, a default mission based compact is in force between the ATEC and the provider.
Note: A mission based compact under Division 2 of this Part may not be in force between the ATEC and a Table A or B provider because, for example, the ATEC and the provider have not entered into a compact or the ATEC has suspended the provider’s compact (see paragraph 35(a)).
(2) The ATEC must publish a default mission based compact on the ATEC’s website within 28 days after the compact comes into force. The ATEC must ensure the published compact is kept up‑to‑date.
Note: The publication of certain information contained in a default mission based compact may be restricted (see section 70).
37 Form and terms
(1) The ATEC must, subject to this section, decide on the form and terms of a default mission based compact.
Terms if mission based compact suspended
(2) If a default mission based compact is in force between the ATEC and a Table A or Table B provider because the provider’s mission based compact under Division 2 of this Part is suspended, the ATEC may consider the terms of the provider’s mission based compact and whether the default mission based compact should contain the same terms.
Terms if previous mission based compact has expired
(3) If a default mission based compact is in force between the ATEC and a provider because the most recent mission based compact entered into by the ATEC and the provider under Division 2 of this Part has expired, the terms of the default mission based compact:
(a) if the ATEC and the provider have agreed on any terms of a new mission based compact as part of their negotiations under paragraph 29(2)(f),must contain those terms; or
(b) if the ATEC and the provider have not agreed on any terms of a new mission based compact as part of their negotiations under paragraph 29(2)(f),may include the same terms that were in the most recent mission based compact on the day it expired.
38 Assessment of providers against terms
(1) The ATEC may assess a Table A or Table B provider’s outcomes against the terms of the provider’s default mission based compact at least once per calendar year.
(2) In order to make an assessment under subsection (1), the ATEC may, by notice in writing, require the provider to provide such information as the ATEC directs within the period specified in the notice.
(3) In making an assessment under subsection (1), the ATEC must:
(a) consider the steps taken by the provider to meet the terms of the compact; and
(b) take into account matters affecting the provider’s ability to meet the terms of the compact, including any matter reasonably outside the provider’s control.
(4) The ATEC may publish a report in relation to an assessment on the ATEC’s website.
Note: The publication of certain information contained in a report may be restricted (see section 70).
39 Progress meetings
(1) The ATEC must conduct progress meetings with a Table A or Table B provider if a default mission based compact is in force between the ATEC and the provider.
(2) Meetings under subsection (1) must be conducted every 3 months unless otherwise agreed by the ATEC and the provider.
Part 4,Higher education stewardship,advice and reports etc.
Division 1,Introduction
40 Simplified outline of this Part
This Part deals with the advice and recommendations that the ATEC may give to the Minister, the VET Minister, the Ministers for each State and Territory responsible for higher education and the Ministers for each State and Territory responsible for VET.
The advice and recommendations must relate to the higher education system or the tertiary education system.
This Part also deals with the reports and documents that the ATEC must prepare and provide to the Minister and the VET Minister.
The ATEC must prepare a State of the Tertiary Education System report for every calendar year, and a statement of strategic priorities and a work plan every 2 years.
Division 2,Advice and recommendations
41 Advice and recommendations
Higher education advice and recommendations
(1) The ATEC may give advice and recommendations to the Minister in relation to the following:
(a) policy settings for higher education;
(aa) research and research training;
(b) the costs of teaching and learning in higher education and overall higher education funding amounts, including on a per student basis;
(c) student demand within the higher education system including in relation to different disciplines, student cohorts and geographical regions and the higher education system’s ability to meet that demand;
(d) the adequacy and ability of the higher education system to meet Australia’s current and future skills and knowledge demand, including in relation to particular geographic regions;
(e) the strategic direction, governance, size and diversity of the higher education system and the financial sustainability of higher education providers;
(f) developments within the higher education system, including potential mergers of, changes in the ownership of assets of, and the establishment of, higher education providers;
(g) the delivery of the Minister’s strategic priorities, notified to the ATEC under section 15, by the higher education system;
(h) the improvement of higher education access, participation and outcomes for persons facing systemic barriers to education, including Aboriginal persons and Torres Strait Islanders, persons with disability, persons of a low socioeconomic background and persons living in regional Australia;
(i) methods for improving representation of Aboriginal persons and Torres Strait Islanders in the governance of higher education providers;
(j) higher education data collection and publication;
(k) any other advice in relation to the higher education system.
Note: The ATEC must seek and obtain the agreement of the Minister before publishing any advice or recommendations given under this section (see section 69).
Tertiary education advice and recommendations
(2) The ATEC may give advice and recommendations to the Minister, the VET Minister, the Ministers for each State and Territory responsible for higher education and the Ministers for each State and Territory responsible for VET in relation to the following:
(a) opportunities to improve coordination and collaboration between the higher education system and the VET system;
(b) any tertiary education attainment or participation targets set by the Commonwealth;
(c) any other advice about Commonwealth activities in the tertiary education system.
Note: The ATEC must seek and obtain the agreement of the Minister before publishing any advice or recommendations given under this section (see section 69).
Division 3,Reports and priorities etc.
42 State of the Tertiary Education System report
(1) The ATEC must prepare a report in relation to the state of the tertiary education system for every calendar year. The first report must relate to the calendar year beginning on 1 January 2026.
(2) A report may include the following:
(a) current and emerging trends and issues in the tertiary education system and commentary in relation to, and proposed changes to the higher education system to address, those trends and issues;
(b) progress towards any tertiary education attainment or participation targets set by the Commonwealth;
(c) progress in improving coordination and collaboration between the higher education system and the VET system;
(ca) the extent to which the higher education system is delivering high quality research and research training;
(d) the extent to which the higher education system is meeting Australia’s current student, skills and knowledge demand and may be able to meet future student, skills and knowledge demand;
(e) the extent to which the higher education system is delivering services in and for regional Australia;
(f) the extent to which the higher education system is promoting long‑term innovation and creativity that contributes towards Australia’s skills and workforce development;
(g) the financial sustainability of the higher education system and kinds of higher education providers;
(h) the tertiary education system’s outcomes for persons facing systemic barriers to education, including Aboriginal persons and Torres Strait Islanders, persons with disability, persons of a low socioeconomic background and persons living in regional Australia;
(i) examples of good practice by a tertiary education provider in relation to any of the above matters.
(3) A report must be:
(a) published on the ATEC’s website no later than 12 months after the end of the calendar year in relation to which the report relates; and
(b) provided to the Minister and, if the Minister is not the VET Minister, the VET Minister, at least 4 weeks before the report is published.
Note: The publication of certain information contained in a report may be restricted (see section 70).
(4) The Minister must arrange for a copy of the report as published to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
(5) A report is not a legislative instrument.
43 Statement of strategic priorities
(1) The ATEC must prepare a statement, in writing, outlining the ATEC’s strategic priorities for the tertiary education system every 2 years.
(2) The first statement must relate to the 2 year period beginning on 1 January 2027 and ending on 31 December 2028. Subsequent statements must relate to each subsequent 2 year period.
(3) In preparing a statement, the ATEC must:
(a) consult with the following persons or bodies:
(i) the Minister;
(ii) if the Minister is not the VET Minister,the VET Minister;
(iii) if the Minister is not the Research Minister,the Research Minister;
(iv) if the Minister is not the Science Minister,the Science Minister;
(v) the Ministers for each State and Territory responsible for higher education;
(vi) the Ministers for each State and Territory responsible for VET;
(vii) higher education system stakeholder representatives;
(viii) higher education student representatives; and
(b) invite public submissions regarding the content of the proposed statement.
(4) The ATEC may also consult with any other person or body that the ATEC considers appropriate.
(5) The first statement must be published on the ATEC’s website on or before 1 January 2027. Subsequent statements must be published on the ATEC’s website on or before 31 May of the year before the beginning of the period to which the statement relates.
Note: The publication of certain information contained in a statement may be restricted (see section 70).
(6) A statement must be provided to the Minister and, if the Minister is not the VET Minister, the VET Minister, at least 4 weeks before the statement is published on the ATEC’s website under subsection (5).
(7) The Minister must arrange for a copy of the statement as published to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the statement.
(8) A statement is not a legislative instrument.
44 Variation of a statement of strategic priorities
(1) The ATEC may vary a statement prepared under section 43 at any time.
(2) In varying a statement the ATEC must, unless the variation is of a minor nature:
(a) consult with the following persons or bodies:
(i) the Minister;
(ii) if the Minister is not the VET Minister,the VET Minister;
(iii) if the Minister is not the Research Minister,the Research Minister;
(iv) if the Minister is not the Science Minister,the Science Minister;
(v) the Ministers for each State and Territory responsible for higher education;
(vi) the Ministers for each State and Territory responsible for VET;
(vii) higher education system stakeholder representatives;
(viii) higher education student representatives; and
(b) invite public submissions regarding the content of the statement as proposed to be varied.
(3) The ATEC may also consult with any other person or body that the ATEC considers appropriate.
(4) A varied statement must be:
(a) published on the ATEC’s website within 6 weeks after the statement is varied; and
(b) provided to the Minister and the VET Minister at least 4 weeks before the varied statement is published.
Note: The publication of certain information contained in a varied statement may be restricted (see section 70).
(5) The Minister must arrange for a copy of the varied statement as published to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the statement.
(6) A varied statement is not a legislative instrument.
45 Work plan
(1) The ATEC must, in writing, prepare a work plan setting out the ATEC’s priorities and outcomes every 2 years.
(2) The first work plan must relate to the 2 year period beginning on 1 January 2027 and ending on 31 December 2028. Subsequent work plans must relate to each subsequent 2 year period.
(3) In preparing a work plan, the ATEC:
(a) must consult with the following persons:
(i) the Minister;
(ii) if the Minister is not the VET Minister,the VET Minister;
(iii) if the work plan relates to research and the Minister is not the Research Minister,the Research Minister;
(iv) if the work plan relates to research and the Minister is not the Science Minister,the Science Minister;
(v) the Secretary;
(vi) the Ministers for each State and Territory responsible for higher education;
(vii) the Ministers for each State and Territory responsible for VET; and
(b) may invite public submissions regarding the content of the work plan.
(4) A work plan must be published on the ATEC’s website before the earlier of:
(a) 6 weeks after the work plan is prepared; and
(b) the beginning of the first calendar year to which the work plan relates.
Note: The publication of certain information contained in a work plan may be restricted (see section 70).
(5) A work plan must be provided to the Minister and, if the Minister is not the VET Minister, the VET Minister, at least 4 weeks before the work plan is published.
(6) A work plan is not a legislative instrument.
46 Review and variation of a work plan
Review
(1) The ATEC must review a work plan prepared under section 45 at least once per calendar year.
Variation
(2) The ATEC may vary a work plan at any time.
(3) In varying the work plan, the ATEC must consult with the following persons:
(a) the Minister;
(b) if the Minister is not the VET Minister,the VET Minister;
(c) the Secretary.
(4) A varied work plan must be:
(a) published on the ATEC’s website within 6 weeks after the work plan is varied; and
(b) provided to the Minister and, if the Minister is not the VET Minister, the VET Minister, at least 4 weeks before the varied work plan is published.
Note: The publication of certain information contained in a varied work plan may be restricted (see section 70).
Part 5,Administration
Division 1,Introduction
47 Simplified outline of this Part
This Part deals with the ATEC’s meeting and decision‑making processes.
This Part also deals with administrative matters relating to the offices of the Chief Commissioner, the First Nations Commissioner and the Commissioners. This includes the appointment of an ATEC Commissioner and the terms and conditions on which an ATEC Commissioner holds office.
Division 2,ATEC meetings and decision‑making
48 Convening meetings
(1) The ATEC must hold such meetings as are necessary for the efficient performance of its functions.
(2) The Chief Commissioner:
(a) may convene a meeting at any time; and
(b) must convene a meeting within 30 days after receiving a written request to do so from another ATEC Commissioner or the Minister.
49 Presiding at meetings
(1) The Chief Commissioner must preside at all meetings at which the Chief Commissioner is present.
(2) If the Chief Commissioner will not be present at a meeting, the Chief Commissioner must appoint one of the other ATEC Commissioners to preside at the meeting.
50 Quorum
(1) At a meeting of the ATEC, a quorum is constituted by a majority of the ATEC Commissioners.
(2) However, if:
(a) an ATEC Commissioner is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the ATEC with respect to a particular matter; and
(b) when the ATEC Commissioner leaves the meeting concerned there is no longer a quorum present;
the remaining ATEC Commissioners at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
51 Voting at meetings
(1) A question arising at a meeting of the ATEC is to be determined by a majority of the votes of the ATEC Commissioners present and voting.
(2) The person presiding at a meeting of the ATEC has a deliberative vote and, if the votes are equal, a casting vote.
52 Conduct of meetings
The ATEC may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which the ATEC Commissioners may participate in meetings.
53 Minutes
The ATEC must keep minutes of its meetings.
54 Decisions without meetings
(1) The ATEC is taken to have made a decision at a meeting if:
(a) without meeting, a majority of the ATEC Commissioners entitled to vote on the proposed decision indicate agreement with the decision; and
(b) that agreement is indicated in accordance with the method determined by the ATEC under subsection (2); and
(c) all the ATEC Commissioners were informed of the proposed decision, or reasonable efforts were made to inform all the ATEC Commissioners of the proposed decision.
(2) Subsection (1) applies only if the ATEC:
(a) has determined that it may make decisions of that kind without meeting; and
(b) has determined the method by which the ATEC Commissioners are to indicate agreement with proposed decisions.
(3) For the purposes of paragraph (1)(a), an ATEC Commissioner is not entitled to vote on a proposed decision if the ATEC Commissioner would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the ATEC.
(4) The ATEC must keep a record of decisions made in accordance with this section.
55 Immunity from civil proceedings
An ATEC Commissioner is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith, in the performance or purported performance, or exercise or purported exercise, of the ATEC Commissioner’s functions or powers under this Act.
Division 3,Appointments
56 Appointment of the Chief Commissioner
Appointment by Minister
(1) The Chief Commissioner is to be appointed by the Minister by written instrument on a full‑time basis.
Note: The Chief Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) Before the Minister appoints the Chief Commissioner, the Minister may consult with the Ministers for the Commonwealth and each State and Territory responsible for higher education or VET.
Eligibility for appointment
(3) A person is not eligible for appointment as the Chief Commissioner unless the Minister is satisfied that:
(a) the person has an understanding of issues facing the tertiary education system; and
(b) the person has appropriate and substantial qualifications, skills, knowledge and experience; and
(c) the person has appropriate independence from all tertiary education providers; and
(d) the person has professional credibility and significant standing in the higher education system.
Note: The Minister must ensure the ATEC Commissioners have an appropriate balance of knowledge and experience in fields relevant to the ATEC (see section 59).
Period of appointment
(4) The Chief Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
57 Appointment of the First Nations Commissioner
Appointment by Minister
(1) The First Nations Commissioner is to be appointed by the Minister by written instrument on a full‑time basis.
Note: The First Nations Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) Before the Minister appoints the First Nations Commissioner, the Minister may consult with the Ministers for the Commonwealth and each State and Territory responsible for higher education or VET.
Eligibility for appointment
(3) A person is not eligible for appointment as the First Nations Commissioner unless the Minister is satisfied that:
(a) the person is an Aboriginal person or Torres Strait Islander; and
(b) the person has a significant understanding of issues affecting Aboriginal persons and Torres Strait Islanders; and
(c) the person has appropriate qualifications, skills, knowledge and experience; and
(d) the person has appropriate independence from all tertiary education providers; and
(e) the person has significant standing in the higher education system or VET system.
Note: The Minister must ensure the ATEC Commissioners have an appropriate balance of knowledge and experience in fields relevant to the ATEC (see section 59).
Period of appointment
(4) The First Nations Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
58 Appointment of the Commissioners
Appointment by Minister
(1) A Commissioner is to be appointed by the Minister by written instrument on a part‑time basis.
Note: A Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) Before the Minister appoints a Commissioner, the Minister may consult with the Ministers for the Commonwealth and each State and Territory responsible for higher education or VET.
Eligibility for appointment
(3) A person is not eligible for appointment as a Commissioner unless the Minister is satisfied that:
(a) the person has appropriate qualifications, skills, knowledge and experience; and
(b) the person has appropriate independence from all tertiary education providers; and
(c) the person has significant standing in the higher education system or VET system.
Note: The Minister must ensure the ATEC Commissioners have an appropriate balance of knowledge and experience in fields relevant to the ATEC (see section 59).
Period of appointment
(4) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
59 ATEC Commissioners collectively possess certain knowledge and experience
In exercising a power to appoint an ATEC Commissioner under this Division, the Minister must ensure that:
(a) the ATEC Commissioners collectively possess an appropriate balance of experience and knowledge in each of the following fields:
(i) higher education;
(ii) VET;
(iii) tertiary education governance and administration;
(iiia) research and research training;
(iv) stakeholder consultation and engagement;
(v) regional Australia; and
(b) at least one of the ATEC Commissioners has substantial experience and knowledge in relation to VET.
60 Acting appointments
Chief Commissioner
(1) The Minister may, by written instrument, appoint another ATEC Commissioner to act as the Chief Commissioner:
(a) during a vacancy in the office of the Chief Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chief Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(2) However, if another ATEC Commissioner is not available or able to act as the Chief Commissioner, the Minister may, by written instrument, appoint an SES employee of the Department whose services are made available to the ATEC under section 22 to act as the Chief Commissioner instead.
Other ATEC Commissioners
(3) The Minister may, by written instrument, appoint a person to act as the First Nations Commissioner or a Commissioner:
(a) during a vacancy in the office of the First Nations Commissioner or the Commissioner, as the case requires (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the First Nations Commissioner or the Commissioner, as the case requires:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(4) However, the Minister must not appoint a person to act as the First Nations Commissioner unless the person is an Aboriginal person or Torres Strait Islander.
Division 4,Terms and conditions of appointments etc.
61 Remuneration
(1) An ATEC Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the ATEC Commissioner is to be paid the remuneration that is prescribed by the rules.
(2) An ATEC Commissioner is to be paid the allowances that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
62 Leave of absence
(1) The Chief Commissioner or First Nations Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Chief Commissioner or First Nations Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3) The Minister may grant a Commissioner leave of absence on such terms and conditions as the Minister considers appropriate.
63 Engaging in other paid work
(1) The Chief Commissioner or First Nations Commissioner must not engage in paid work outside the duties of their office without the Minister’s approval.
(2) A Commissioner must not engage in any paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the Commissioner’s functions.
64 Disclosure of interests
(1) A disclosure by an ATEC Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.
(2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, an ATEC Commissioner is taken not to have complied with section 29 of that Act if the ATEC Commissioner does not comply with subsection (1) of this section.
65 Other terms and conditions
An ATEC Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
66 Resignation
(1) An ATEC Commissioner may resign the ATEC Commissioner’s appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
67 Termination of appointment
(1) The Minister may terminate the appointment of an ATEC Commissioner:
(a) for misbehaviour; or
(b) if the ATEC Commissioner is unable to perform the duties of the ATEC Commissioner’s office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of an ATEC Commissioner if:
(a) the ATEC Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the ATEC Commissioner’s creditors; or
(iv) makes an assignment of the ATEC Commissioner’s remuneration for the benefit of the ATEC Commissioner’s creditors; or
(b) the ATEC Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the ATEC Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the ATEC Commissioner’s office (see section 63); or
(d) the ATEC Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
(3) The Minister may terminate the appointment of an ATEC Commissioner if the Minister is satisfied that the performance of the ATEC Commissioner has been unsatisfactory for a significant period of time.
Part 6,Miscellaneous
68 Simplified outline of this Part
This Part contains miscellaneous provisions, such as provisions about Ministerial directions, delegations, reviews of the operation of the Act and the general rule‑making power.
This Part requires the ATEC to obtain the Minister’s agreement before publishing any of its advice or recommendations. It also restricts the publication of information or data under this Act if the publication would involve unreasonably disclosing personal information or would be contrary to the public interest.
69 Ministerial agreement for publication of advice or recommendations
Unless another provision of this Act requires the ATEC to publish advice or recommendations, the ATEC must seek and obtain the agreement of the Minister before publishing any advice or recommendations given by the ATEC to any person, including advice or recommendations given under section 41 (advice and recommendations).
70 Restrictions on publication of reports etc.
Despite a requirement or authorisation under this Act to publish reports, decisions or documents, the ATEC must not publish any information or data that:
(a) would involve unreasonably disclosing personal information (within the meaning of the Privacy Act 1988); or
(b) would be contrary to the public interest, including because the information or data:
(i) could reasonably be expected to prejudice relations between the Commonwealth and the Government of a State or Territory; or
(ii) would involve disclosing deliberations or decisions of the Cabinet, or of a Committee of the Cabinet.
71 Minister may give directions to ATEC Commissioners
(1) The Minister may, by legislative instrument, give written directions to an ATEC Commissioner about the way in which the ATEC Commissioner is to carry out any of the functions of the ATEC Commissioner or the ATEC.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
(2) However, the Minister must not give directions in relation to:
(a) the content of any advice that may be given by the ATEC Commissioner or the ATEC; or
(b) any decision that may be made by the ATEC Commissioner or the ATEC; or
(c) a higher education provider or a class or classes of higher education providers.
(3) If a direction relates to the VET system, before making the direction the Minister must consult with:
(a) if the Minister is not the VET Minister,the VET Minister; and
(b) each State and Territory Minister responsible for VET.
(4) The ATEC Commissioner must comply with a direction under subsection (1).
72 Department’s annual report
The Secretary, when preparing the Department’s annual report under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period, must include information in that report about the performance of the ATEC’s functions during that period.
73 Delegation
(1) An ATEC Commissioner may, in writing, delegate all or any of the ATEC Commissioner’s functions or powers under this Act to:
(a) another ATEC Commissioner; or
(b) an SES employee, or acting SES employee, of the Department whose services are made available to the ATEC under section 22.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) The Minister may, in writing, delegate any or all of the Minister’s functions or powers under this Act, other than the power to make rules under section 75, to:
(a) an ATEC Commissioner; or
(b) an SES employee, or an acting SES employee, in the Department.
(3) The Secretary may, in writing, delegate the Secretary’s powers and functions:
(a) under section 23 to an SES employee, or acting SES employee, of the Department whose services are made available to the ATEC under section 22; and
(b) under section 24 to an ATEC Commissioner, an SES employee, or acting SES employee, of the Department whose services are made available to the ATEC under section 22.
(4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the ATEC Commissioner, Minister, or Secretary as the case requires.
74 Review of operation of Act
Review after 2 years
(1) Before the end of the period of 2 years after the commencement of this Act, the Minister must cause an independent review of the following matters to be commenced by a person or body:
(a) the role and functions of the ATEC;
(b) the operation of this Act;
(c) the extent to which the objects of this Act have been achieved.
(2) The person or body who undertakes the review under subsection (1) must give the Minister a report of the review.
Review after 5 years
(3) Before the end of the period of 5 years after the commencement of this Act, the Minister must cause an independent review of the following matters to be commenced by a person or body:
(a) the operation of this Act;
(b) the extent to which the objects of this Act have been achieved.
(4) The person or body who undertakes the review under subsection (3) must give the Minister a report of the review.
Tabling of reports
(5) The Minister must arrange for a copy of a report under this section to be tabled in each House of the Parliament within 15 sitting days of that House after the day the Minister receives the report.
75 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
Requirements for certain rules relating to the VET system
(3) The Minister must not make rules for the purposes of paragraph 11(i) (conferring functions on the ATEC), 17(b), 19(e) or 21(b) (conferring functions on the ATEC Commissioners) that relate to the VET system unless:
(a) the functions are intended to improve coordination and collaboration between the higher education system and the VET system; and
(b) if the Minister is not the VET Minister,the VET Minister has agreed to the making of the rules; and
(c) the Minister has consulted the Ministers for each State and Territory responsible for VET in relation to the rules.