Chapter 1

Introduction

1.1
On 2 September 2020, the Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Bill 2020 (the bill) was introduced into the House of Representatives by the Hon Dan Tehan MP, Minister for Education.1
1.2
Following the recommendation of the Senate Selection of Bills Committee, the Senate referred the provisions of the bill on 8 October 2020 to the Senate Education and Employment Legislation Committee (the committee) for inquiry and report by 27 November 2020.2

Purpose of the bill

1.3
The Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Bill 2020 amends the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) to:
implement the recommendations of a review of the higher education Provider Category Standards;
give effect to an outstanding recommendation from a review of the impact of the TEQSA Act on the higher education sector;
introduce a measure to preserve and protect the academic records of students whose higher education provider has ceased to exist; and
make a small number of other measures intended to improve the regulation of Australia's higher education sector by strengthening the TEQSA Act's administration and the Tertiary Education Quality and Standards Agency's (TEQSA’s) regulatory role.3
1.4
The bill also amends the Higher Education Support Act 2003 to replace references to 'Indigenous students' with 'Indigenous persons'.4

Conduct of the inquiry

1.5
Details of the inquiry were made available on the committee's website.5 The committee also contacted a number of organisations inviting submissions to the inquiry. Submissions were received from 26 organisations, as listed at Appendix 1. Submissions are also available on the committee's website.
1.6
The committee held a public hearing in Canberra on 4 November 2020. The witness list for this hearing can be found at Appendix 2.

Structure of the report

1.7
Chapter 2 outlines the background to the bill and the key provisions contained in the bill.
1.8
Chapter 3 outlines the key issues as raised by submitters and witnesses and sets out the committee view.

Notes on references

1.9
References in this report to Committee Hansard are to proof transcripts. Please note that page numbers may vary between the proof and official transcripts.

Acknowledgements

1.10
The committee thanks those individuals and organisations who contributed to this inquiry by preparing written submissions and giving evidence at the public hearing.
  • 1
    House of Representatives Hansard, 2 September 2020, p. 6303.
  • 2
    Proof Journals of the Senate, no. 69, 8 October 2020, pp. 2406–2409.
  • 3
    The Hon Dan Tehan MP, Minister for Education, House of Representatives Hansard, 2 September 2020, p. 6303; Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Bill 2020, Explanatory Memorandum, p. 2.
  • 4
    The Hon Dan Tehan MP, Minister for Education, House of Representatives Hansard, 2 September 2020, p. 6303.
  • 5

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Past Public Hearings

04 Nov 2020: Canberra