• Expert reviews must be fully independent

    TEQSA reminds providers it is best practice to ensure any experts used for an independent review are fully and genuinely independent.

    If an expert is not independent, their judgement and the quality of their review may be influenced by other interests.

    In its regulatory processes, TEQSA will give greater weight to reviews completed by fully independent experts than by experts reasonably perceived as not independent.

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  • Consultation open for Register Guidelines

    TEQSA has commenced a consultation process for proposed amendments to the Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 (Register Guidelines).

    The reason for the proposed amendments is to promote transparency regarding TEQSA's regulatory decisions and actions and remove any doubt about which trading names the Register must include in respect of registered providers' higher education operations.

    Submissions can be made via email, and the consultation period closes at 5pm on 16 December 2022.

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  • Proposed Register Guidelines amendments – consultation paper

    Body

    The consultation closed on 16 December 2022. Feedback is available on the Consultations page.

    Register Guidelines

    The Tertiary Education Quality and Standards Agency (Register) Guidelines 2017 (Register Guidelines) is a legislative instrument that sets out the information that TEQSA must enter on the national register in respect of each registered higher education provider.

    Currently the Register Guidelines require TEQSA to include information about regulatory decisions under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) (see section 9 of the Register Guidelines) and, for each registered provider, “trading name/s used for the provider’s higher education operations” (see section 4(b) of the Register Guidelines).

    Proposed amendments to the Register Guidelines

    TEQSA proposed amendments

    TEQSA proposes to amend the Register Guidelines so that TEQSA makes entries on the national register to include:

    • Information regarding decisions it makes about higher education providers under the Education Services for Overseas Students Act 2000 (ESOS Act) (including decisions to: renew a provider’s registration for a period less than 7 years; impose, vary, or remove conditions on the registration; refuse to renew a provider’s registration; or impose sanctions on the registered provider for non-compliance).
    • Information regarding the relevant legislative provision(s) which were the subject of findings that informed TEQSA’s decision(s) under either the TEQSA or ESOS Acts.
    • In respect of each registered higher education provider, only the current trading names the provider uses for its higher education operations.

    Reason for proposed amendments

    Requiring the national register to include information regarding the decisions TEQSA makes about higher education providers under the ESOS Act, and to include the relevant legislative provision(s) which were the subject of findings that informed TEQSA’s decision(s) under either the TEQSA or ESOS Acts will promote transparency and align with TEQSA’s approach to public reporting.

    Requiring the national register to state only the current trading names for registered providers’ higher education operations will remove any doubt in relation to which trading names for these providers the Register must contain, in circumstances in which providers’ relevant trading names can change over time.

    Consultation process

    This paper is being made available on TEQSA’s website (www.teqsa.gov.au) and has been sent directly to peak bodies for providers regulated by TEQSA under the TEQSA Act.

    TEQSA requests that feedback on the proposed amendments to the Register and Information Guidelines, along with any other relevant feedback, be submitted via email to review@teqsa.gov.au.

    Submissions close at 5:00pm on Friday 16 December 2022.

    Interested parties can also email review@teqsa.gov.au with queries about this consultation, or to seek clarification regarding the proposed amendments.

    Please note that TEQSA intends to publish a summary of submissions received. If you do not wish for your submission (or part of your submission) to be published, please indicate this in your response. TEQSA may alter the format or content of submissions before they are published, or decline to publish particular submissions, having regard to the requirements for Australian Government websites.

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  • Sector update: Experts undertaking independent reviews must be fully independent

    TEQSA reminds providers it is best practice to ensure any experts used for an independent review are fully and genuinely independent. If an expert is not independent, their judgement and the quality of their review may be influenced by other interests.

    Key points

    Independent reviews are a valuable way for a provider to:

    • leverage specialist knowledge from outside the organisation
    • check the effectiveness of its quality assurance
    • continuously improve itself
    • ensure and demonstrate good academic governance.

    It is in the interests of the provider to use independent reviews to support the self-assurance and continuous improvement of the organisation, rather than just to meet TEQSA or other requirements.

    TEQSA’s view of best practice is that an independent expert is an expert who does not have (or intend to have) any significant interest:

    • in the provider
    • in an associated entity of the provider
    • in reaching outcomes that may benefit another entity at the cost of the provider being reviewed.

    If an expert had any of these significant interests, it would likely interfere with their independent judgement and the quality of their review. This type of expert would be reasonably perceived as not independent.

    In its regulatory processes, TEQSA will give greater weight to reviews completed by fully independent experts than by experts reasonably perceived as not independent.

    Good practice

    TEQSA has developed resources to support providers in identifying and benefitting from the use of independent experts for reviews:

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  • International launch of Global Academic Integrity Network (GAIN)

    A new consortium led by Irish and Australian education quality agencies is joining forces to fight the rise of commercial academic cheating services targeting higher education students.

    The Global Academic Integrity Network (GAIN), launched earlier today by TEQSA and Quality and Qualifications Ireland (QQI), is working with similar agencies around the world to stamp out commercial cheating operations, which have flourished during recent years as online learning has become more prevalent.

    Backed by the United Nations Educational, Scientific and Cultural Organisation (UNESCO), higher education regulatory agencies and other organisations with an interest in maintaining academic integrity are collaborating to protect the reputation and efficacy of national skills, qualifications, and education systems.

    Quality assurance agencies and education providers are already working to inform students, staff and other stakeholders about the risks posed by cheating and to maintain cultures of academic integrity on-campus.

    GAIN will share experiences and resources to help other jurisdictions develop legislation, regulatory approaches and frameworks that penalise facilitating and advertising of cheating services.

    Other members of GAIN include the Quality Assurance Agency for Higher Education, UK (QAA), The Office of the Lithuanian Ombudsperson for Academic Ethics and Procedures, New Zealand Qualifications Authority (NZQA), South African Qualifications Authority (SAQA), and the Higher Education Authority (Zambia).

    Endorsing organisations include the Council of Europe and the European Network for Academic Integrity (ENAI).

    TEQSA Chief Commissioner Peter Coaldrake applauded the work that has already occurred in Australia but reiterated the need for a strong alliance to further progress action. 

    “While individual jurisdictions are taking enormous strides in combatting cheating, many of these large operations are international and working together will give us the best chance of breaking their business models.”

    “GAIN will share intelligence on cheating operators and insights to help different jurisdictions tighten their anti-cheating detection, laws and penalties.”

    “GAIN is also sharing the best practice in anti-cheating resources and research to help educate students, lecturers and institutions about the integrity risks associated with these unethical practices and to keep abreast of emerging threats.”

    Media contact

    TEQSA Communications: comms@teqsa.gov.au, 0437 143 012

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  • Provider responsibilities when using education agents

    TEQSA has issued a sector alert reminding all higher education providers of their obligations when using education agents.

    Under the Higher Education Standards Framework (Threshold Standards) 2021 and the National Code of Practice for Providers of Education and Training to Overseas Students 2018, providers are required to monitor the performance of education agents and ensure that international students are genuine and engaged with learning.

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  • Education services for overseas students: ESOS National Code – return to compliance

    In March 2020, TEQSA and ASQA announced flexibility in regulatory arrangements regarding educational services for international higher and vocational students studying either in Australia or offshore.

    In particular, ASQA and TEQSA relaxed the requirements in the National Code for students to attend face-to-face learning and enabled providers to deliver their courses online, in recognition of the impacts of the COVID-19 pandemic.

    This advice was updated in November 2021, with TEQSA and ASQA foreshadowing a review of these arrangements and a return to compliance with the ESOS National Code and ELICOS Standards during 2022, in light of the expected gradual return of international students to study in Australia.

    TEQSA now expects that all providers will transition to compliance with the ESOS National Code by 30 June 2023, where it is safe and practical to do so. For clarity, the ESOS National Code applies to all international students studying on an Australian student visa.

    This transition period enables certainty for providers to forward plan, including through the enrolment of students and commencement of courses of study in early 2023. TEQSA expects that providers will actively adjust modes of delivery and student support services to comply with the National Code.

    TEQSA understands that for some providers, a return to compliance by 30 June 2023 will pose challenges. TEQSA will consult peak bodies, monitor the transition across the sector and engage specific providers for whom particular circumstances apply.

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  • Supporting International of Day of Action Against Contract Cheating

    To mark the 7th International Day of Action Against Contract Cheating, TEQSA has launched a new checklist for higher education providers.

    The checklist sets out 10 steps providers can follow to strengthen academic integrity within their institution and complements other TEQSA resources that support providers and students to combat the integrity risk posed by commercial academic cheating, also known as contract cheating.

    Earlier this week, TEQSA helped to launch the Global Academic Integrity Network (GAIN). This new group brings together quality assurance and regulatory bodies from around the work to share information and best practice to help uphold academic integrity.

    Australia’s leadership in efforts to combat the integrity risk posed by commercial academic cheating services was noted by other GAIN members, and Australia’s approach is seen as a model for others to emulate.

    TEQSA Chief Commissioner Professor Peter Coaldrake AO said TEQSA’s work to reduce the integrity risk posed by commercial academic cheating services was guided by the themes of education, detection and enforcement.

    “Cheating is never the right answer and we’re working in partnership with higher education institutions, students, academics and like-minded organisations globally to combat this growing threat,” Professor Coaldrake said.

    “We’ve made available this new 10-step checklist to help institutions better prevent and detect cheating and to enforce their academic integrity and student misconduct policies.

    “This reflects our approach – we’re working with the sector to educate students and staff to stop cheating from occurring, to better detect where cheating is happening and to enforce institutional policies and Australia’s anti-cheating laws.”

    TEQSA has gathered information about 2330 cheating websites and shared this information with the sector.

    Of these websites, about 580 have been found to target students at Australian institutions, and 152 have been blocked since July 2021. A further 697 social media accounts and posts on networks such as GumTree, Facebook and Instagram have also been removed.

    The International Day of Action Against Contract Cheating is organised by the International Centre for Academic Integrity. TEQSA and Australian higher education institutions have regularly supported the day since it was started in 2015.

    The new checklist, along with other academic integrity resources for providers, academics and students, can be accessed on our website.

    Media enquiries

    TEQSA Communications: comms@teqsa.gov.au, 0437 143 012

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  • Updated material change notifications policy and guidance

    TEQSA recently reviewed and updated our Material Change Notification (MCN) Policy and guidance to clarify reporting requirements, reduce duplicated reporting and eliminate the need for further information requests.

    Of particular note, changes which require reporting under the ESOS Act only need to be reported through the MCN mailbox, instead of reporting to both the ESOS/CRICOS mailbox and the MCN mailbox (materialchanges@teqsa.gov.au).

    We’re also asking providers to include in the notification information about the risk identified and the mitigation steps the provider is taking to either ensure continued compliance or return to compliance. This will assist TEQSA’s prompt assessment and reduce the need to request further information. In the case of course changes, providers should include a statement explaining how it has determined that the changes do not warrant a new course application.

    Not every change requires reporting. The updated guidance includes examples of changes that should be reported to TEQSA and changes that shouldn’t.

    And to make sure that we are able to assess and action material changes notifications promptly, particularly when notifications result in updates to the National Register, providers should ensure that all changes are sent to the MCN inbox (materialchanges@teqsa.gov.au) with a 'cc' to the Case Manager, rather than being embedded in other correspondence to TEQSA.

    With the extensive revision of the TEQSA provider portal scheduled for completion in 2023, we intend to further streamline this process to ease the administrative burden on providers.

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