Legislation & standards

Know the framework.
Understand its application.

Primary legislation, standards, policy and guidance have different roles. Start with the source, then assess what applies to your institution.

Primary legislation

TEQSA Act 2011

Establishes the national regulatory framework for higher education, including provider registration and regulatory powers.

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Legislative instrument

Higher Education Standards Framework 2021

The Threshold Standards cover student participation, learning, teaching, research, quality assurance, governance and information. TEQSA records amendments on 14 July 2026 relating to racism and governance.

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Primary legislation

Education Services for Overseas Students Act 2000

The ESOS framework regulates education delivered to overseas students studying in Australia on student visas, including registration, student protection and compliance.

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Legislative instrument

National Code of Practice 2018

Applies to registered overseas student providers. Review the current amended version alongside ESOS legislation, rather than relying on the original 2018 text.

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National qualifications policy

Australian Qualifications Framework

Defines qualification types and levels. It supports course design and alignment and does not itself grant provider registration or course accreditation.

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Funding framework

Higher Education Support Act 2003 and FEE-HELP

Higher education provider approval for Commonwealth assistance is a separate process from TEQSA registration. Eligibility, tuition protection and ongoing obligations must be assessed.

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Reporting guidance

Tertiary Collection of Student Information

Providers report student data through TCSI. Reporting arrangements, timeframes and correction responsibilities should be checked against current requirements.

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Legislative framework

National Higher Education Code to Prevent and Respond to Gender-based Violence

The Code commences on 1 January 2026 for Table A and B providers and 1 January 2027 for other providers. Provider circumstances and transitional provisions require specific review.

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Regulatory update

Education agents and commissions: 2026 changes

Changes took effect on 1 April 2026 concerning education agent commissions for onshore student transfers. Providers should review agent arrangements, PRISMS reporting and record keeping against the detailed rules.

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Independent complaints body

National Student Ombudsman

The Ombudsman provides an external avenue for eligible higher education student complaints. Providers should ensure internal procedures explain relevant external review options.

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Legislative instrument

Disability Standards for Education 2005

Supports participation in education on the same basis for students with disability, including consultation and reasonable adjustments.

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Privacy framework

Privacy Act and Australian Privacy Principles

Assess the privacy laws applicable to your institution, its personal information handling and its service providers. Commonwealth and state arrangements can differ.

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Research integrity framework

Australian Code for the Responsible Conduct of Research

A principles-based framework for responsible research. Map its application alongside institutional policies, ethics requirements and funding conditions.

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Good practice guidance

TEQSA generative AI knowledge hub

Supports institutional responses to generative AI and assessment. Guidance should be distinguished from binding legislative requirements.

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Application guidance

Before applying for provider registration

Prospective providers need credible institutional, governance and educational foundations. Review TEQSA guidance before planning an application.

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Application guidance

Renewing provider registration

Check the current application process and your provider-specific expiry date when developing a renewal schedule.

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Application guidance

Course accreditation

Course accreditation obligations depend on a provider’s self-accrediting authority. Professional accreditation may also apply separately.

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Regulatory guidance

Provider responsibilities and material changes

Review notification and approval obligations when changing ownership, operations, delivery or other material aspects of the institution.

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Legislative standards

ELICOS standards

English Language Intensive Courses for Overseas Students have dedicated requirements. Regulatory responsibility depends on the provider and its delivery context.

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Guidance note

Transnational higher education into Australia

Cross-border arrangements need a jurisdiction-specific assessment of registration, academic accountability and student protection obligations.

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