Legislation & Guidelines

The key legislative instruments governing Higher Education in Australia is as follows:

Higher Education Support (HESA) Act – link below also outlines TEQSA, Funding Act and associated guidelines


Education Services for Overseas Students (ESOS) Act


The agreements between the Commonwealth Government, and Universities (and other higher education providers) are governed  by Mission Based Compacts which inform the funding agreements for each University.



 Funding Agreements



UNSW is governed by its Act and By-Law under NSW legislation

Act: http://www.legislation.nsw.gov.au/#/view/act/1989/125

By-Law: http://www.legislation.nsw.gov.au/#/view/regulation/2005/632


More information is available from UNSW Legal

Legislation/ GuidelinesLocation

Privacy Act (1988)


Privacy and Personal Information Protection Act 1988


UNSW Privacy Management Plan


Health Records and Information Privacy Act 2002

·         Health Records and Information Privacy Code of Practice 2005

·         Health Records and Information Privacy Regulation 2012


Surveillance Devices Act 2007


UNSW Records and Archives Office

Recordkeeping Policyhttps://www.gs.unsw.edu.au/policy/recordkeeping.html

Electronic Recordkeeping Policyhttps://www.gs.unsw.edu.au/policy/erecordkeeping.html

Records Disposal Procedureshttps://www.recordkeeping.unsw.edu.au/Procedures/disposal.html#1

Australian Code for the Responsible Conduct of Research (2007)


State Records Act 1998 (NSW)

General retention and disposal authorities

GDA 8 - Video / Visual Surveillance Records

GDA 11 - Audio Visual Programs and Recordings

GDA 17 - Public Health Services: Patient/Client records

GDA 23 - University Records

GDA 28 - Administrative Records

GA 47 - Higher and further education records (latest)


GDA 23 - https://www.records.nsw.gov.au/node/8620896

GA 47 - https://www.records.nsw.gov.au/recordkeeping/education%3A-higher-and-further-education-records

Defence Trade Controls Act 2012

Under review for applicability

Children and Young Persons (Care and Protection) Act 1998

Under review for applicability

Circuit Layouts Act 1989

Under review for applicability

Customs Act 1901

Under review for applicability

Designs Act 2003

Under review for applicability

Environmentally Hazardous Chemicals Act 1985

Under review for applicability

Higher Education Support Act 2003


Independent Commission Against Corruption act 1988

Under review for applicability

National Greenhouse and Energy Reporting Act 2007

Under review for applicability

National Health Security Act 2007

Under review for applicability

Payroll Tax Act 2007 (NSW)

Payrol Tax Act 2011 (ACT)

Under review for applicability

Under review for applicability

Public Interest Disclosures Act 1994 (NSW)

Under review for applicability

Telecommunications (Interception and Acess) Act 1979

Under review for applicability

Trustee Act 1925

Under review for applicability