On 2 September 2020, the Government introduced the Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Bill 2020 (PCS Bill) into Parliament. The legislation commenced from 1 March 2021.
The amendments to the Higher Education Standards Framework (Threshold Standards) 2015 legislative instrument, sets out the standards required to operate as a higher education provider in Australia. Complementary amendments to the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) seek to improve the functioning of the Tertiary Education Quality and Standard Agency and clarify the categories of providers in Australia's higher education sector for the benefit of consumers, students and potential students, and the broader community. The TEQSA Act and the Higher Education Support Act 2003 are also amended to implement a number of other minor measures.
Consistent with the Government’s Regulation Impact Statement (RIS) requirements, the Department of Education, Skills and Employment (the department) certified that the independent review report What’s in a Name: Review of the Higher Education Provider Category Standards represents a process and analysis equivalent to a RIS. The Office of Best Practice Regulation (OBPR) does not assess the quality of independent reviews, but has assessed the Independent Review for relevance to the recommended options.
The department estimates that the proposal will decrease regulatory burden by $0.95 million a year.