The tertiary education regulator wants increased authority to keep the providers in order.
‘Unlike other regulators , TEQSA lacks a streamlined mechanism to pursue direct penalties or
enforcement measures without court involvement,” the Tertiary Education Quality and Standards Agency (TEQSA) states in its submission to the Senate committee inquiry into university governance.
“TEQSA must apply to a court for a civil penalty order, requiring time-consuming, resource-intensive and extensive legal action before a penalty can be applied,” it explains.
The submission follows Education Minister Jason Clare’s creation of new university oversight bodies. The Expert Council on University Governance will advise on employment practises, the membership of governing bodies and top management pay. Rather than dealing with these core issues for university performance TEQSA has a representative on the council. Mr Clare similarly created a new agency, the National Student Ombudsman which has extensive authority over universities. And he enacted a code to prevent and respond to gender-based violence at universities, enforced by the Department of Education.
TEQSA argues that existing legislation limits what it can accomplish, and proposes;
- a legislative instrument in its Act, which, “could provide a structured mechanism for TEQSA to set clear compliance obligations “
- explicit enforcement provisions, including power to require production of information, obtain warrants and pursue civil penalties for governance failures
- broader powers to gather, share and guide, “in relation to systemic risk.” “This would support sector-wide risk monitoring and early intervention.”
- national data-sharing, “allowing TEQSA to access information it needs without imposing additional administrative burdens on providers”
As it stands, there are “multiple procedural steps before TEQSA can take enforcement action against a non-compliant provider,” it states.
However, critics suggest the Agency already has ample authority. In a submission to the inquiry, Jim Barber, the former VC of Uni New England and founder of HE start-ups, states TEQSA’s powers are “more than adequate.” The problem is how they apply them when regulating public and private providers. “My concern about the workings of TEQSA is not with the powers they possess but with the consistency, transparency and fairness with which they are applied.”
Professor Barber suggests the agency is not resourced for its role but, “the solution does not lie in muscling-up TEQSA.”
“There is ample scope within the current framework for TEQSA to stand over and cajole providers. Indeed, higher education providers in this country are already dedicating far too much of their time and money to compliance and appeasement at the expense of learning and teaching,” he states.
