The Higher Education Standards Framework (Threshold Standards) 2021 (Cth) has been amended for the first time since 2021. The 2026 reforms embed new requirements relating to racism and governance, with commencement dates from 1 January 2027. Proposals concerning disability inclusion and emerging technology risks, including generative AI, were consulted on but were not included in the final amendments. Meeting the amended standards will require an implementation program spanning governance documents, policies, complaints processes, public disclosures, assurance and evidence.
Where the reform stands today
In February 2026, the Higher Education Standards Panel (HESP) consulted on five themes: racism, governance, disability inclusion, emerging technology risks including generative AI, and options for cyclical review of the Standards. The final amendments addressed two principal reform areas: racism and governance. The proposals concerning disability inclusion, emerging technology risks and a cyclical review mechanism were not included.
On 13 July 2026, the Threshold Standards were amended to include additional Standards relating to:
- Racism and associated safety, complaints, teaching, inclusion and information requirements: amendments across Domains 2, 3, 6 and 7, including a new Standard 6.4 addressing racism and a new Standard 6.10 on inclusive and responsive governance. These requirements apply to all providers from 1 January 2027.
- Governance: amendments to Domain 6 to adopt the Expert Council on University Governance Principles. These apply to Table A universities from 1 January 2027, and to all other providers from 1 July 2027.
From 29 April 2026, responsibility for advising the Minister on the Threshold Standards transferred from HESP to the Australian Tertiary Education Commission (ATEC). TEQSA remains responsible for regulating providers against the Standards.
Governance
The governance amendments give legislative effect to the Expert Council on University Governance's Principles, plus transparency recommendations arising from the Commonwealth Senate Inquiry into the quality of governance at Australian higher education providers.
The Expert Council set out eight principles: accountability; diversity of perspectives; independence; transparency; trustworthiness; inclusiveness and responsiveness; sustainability; and responsible workforce management. Each Principle contains an overarching statement followed by sub-principles providing expectations as to how the overarching principle will be implemented. The amendments to the Threshold Standards substantively incorporated all eight high-level principles as new Standards. Most of the more granular sub-principles have not been embedded in the Threshold Standards and instead remain as recommendations or expectations as to how universities will meet the Principles.
The Federal Minster for Education has indicated that universities will be required to report to TEQSA annually against the Principles on an "if not, why not" basis. The timing or required format of that reporting has not yet been published.
Australian universities must now have their governing body and academic governance processes externally reviewed at least every five years (down from seven). Table A providers are also subject to new transparency duties, including publishing meeting outcomes, consultancy spend, Vice-Chancellor external roles and remuneration reports.
Many universities may already be operating consistently with most of the new Standards; however, these practices will need to be formalised, demonstrable and capable of being tested by TEQSA.
Providers will need to act before 1 January 2027 to comply with these additional disclosure requirements, including considering whether the institution's 2026 annual report should include any additional information in order to meet the new requirements.
Anti-racism
The racism amendments respond to the Special Envoy's Plan to Combat Antisemitism, the Commonwealth Senate governance inquiry, and two parliamentary inquiries into antisemitism at universities. New Standard 6.4 requires every provider to adopt definitions of racism, including racism towards Aboriginal and Torres Strait Islander peoples, antisemitism and Islamophobia, as well as other forms of racial discrimination and vilification relevant to the provider's community. This is not a simple task. Implementation also extends beyond updating definitions: providers will need to test whether their complaints, safety, teaching, governance and information-management arrangements operate coherently and produce evidence of prevention, detection and response.
Disability support and AI risk
HESP proposed four disability themes (terminology, inclusion, universal design and clearer inherent requirements) and asked whether the Standards should explicitly name emerging technology risks, including generative AI. The 2026 amendments to the Standards did not include additional requirements in relation to disability support or emerging technology risks.
There have, however, been recent amendments to the Higher Education Support (Other Grants) Guidelines 2022 (Cth) introducing additional eligibility requirements for Table A providers to access the Disability Support Fund. The amendments include requirements to establish a disability governance committee as a subcommittee of the governing body with specific composition requirements, a disability education inclusion strategy and a disability workforce inclusion strategy. These requirements also apply from 1 January 2027.
The practical implication
The reforms move the Threshold Standards further from high-level statements of principle toward explicit expectations about institutional systems, governing body practice, transparency and evidence. Compliance will depend not only on documents, but on whether providers can demonstrate that arrangements operate effectively and are subject to informed oversight.
MinterEllison’s higher education legal and consulting specialists can help providers interpret the amendments, assess governance and policy gaps, design implementation roadmaps and establish evidence-based assurance ahead of the relevant commencement dates.
Contact our Higher Education team to discuss a targeted Threshold Standards readiness review or implementation program.
