Legislation was recently introduced requiring each person involved in the management of a higher education provider, including a university, to demonstrate satisfy their status as a ‘fit and proper person’. The introduction of a ‘fit and proper person’ test to the higher education arena is welcomed. Where the law permits a person to hold a position and be involved in the management of a higher education provider, it is not unreasonable that the law requires such persons, who hold themselves out as’ fit and proper persons’ to manage the property, funds, and objectives of higher education providers, to establish their credentials as ‘fit and proper persons’ before taking up such positions. Where there is a demonstrated unfitness, such persons ‘have no right to be involved in ... management.’ This paper focuses on TEQSA’s new ‘fit and proper person test relating to higher education providers, the role of public interest and the legal meaning of ‘fit and proper,’ and its relevance to higher education providers.