What are teach out arrangements?

Teach out occurs where a decision is taken to phase out a course of study that still has students enrolled. The course continues to be accredited but no new students can be enrolled, and arrangements are in place to ensure that all existing students can either complete the course of study, or transition to a mutually agreed course at no disadvantage.

The Higher Education Standards Framework (Threshold Standards) 2021 (HES Framework) requires providers to have effective teach out or course transition plans in place as teach out can be initiated by either TEQSA or the provider. Providers cannot offer an unaccredited course of study.

TEQSA initiated teach out

A course may enter teach out when TEQSA decides:

• not to renew accreditation of a course while students are currently enrolled
• not to accredit a course that is intended to replace an existing accredited course that a provider has not sought to reaccredit
• to cancel the accreditation of a course while students are currently enrolled.

In these scenarios, TEQSA will follow a risk-based approach and consider the interests of the enrolled students in determining the date on which the course accreditation will end.

Provider initiated teach out

Providers may initiate teach out when:

• they do not intend to continue delivering a course of study, however, there will be students enrolled past the current accreditation expiry date that will either complete or transition out during a teach out period. In this scenario, the provider must apply to TEQSA to renew the course of study, noting that it is being taught out.
• they do not intend to renew the accreditation of a course of study, and there will be no students enrolled at the current accreditation expiry date as they will have completed or transitioned out. In this scenario, the provider must submit a material change notification to advise of the decision to let the course expire.

Planned teach out arrangements may include transitioning students into a new course that is intended to replace the existing accredited course (subject to a decision by TEQSA to accredit the new course).

Accreditation for courses in teach out mode

A course that is due to expire, but is still in teach out mode, is required to be accredited until all students have either completed or transitioned out.

Registered higher education providers without self-accrediting authority must apply to TEQSA to seek renewal of accreditation for the course being taught out.

Because of the special circumstances that apply to courses in teach out, we have introduced a separate accreditation renewal process and a reduced fee. Providers may apply using this process where the period of accreditation to facilitate course teach out does not exceed two years.

Where a longer period of accreditation is required, providers may apply to renew accreditation of the course using the standard renewal of accreditation process.

Applications must be submitted at least 180 days before accreditation is due to expire, unless TEQSA has agreed to a shorter time frame. Providers hoping for a shorter time frame must contact us as soon as possible.

Application guide for renewal of accreditation in teach out

It is essential that providers read the application guide for renewal of accreditation in teach out before submitting an application. The application guide explains the application process, sets out the required evidence that will need to be submitted with each application, and provides guidance in preparing the application.

• Access the application guide

Key considerations for providers in preparing a self-assurance report (renewal of accreditation in teach out)

All providers are required to prepare and submit a self-assurance report as part of a renewal of accreditation in teach out application. This report should demonstrate the effectiveness of a provider’s self-assurance processes in monitoring, managing and mitigating risks to the course during teach out.

Guidance on what TEQSA recommends providers consider in preparing the report is available on our website.

• Key considerations for providers preparing a self-assurance report (renewal of accreditation in teach out)

Maintenance of standards

Courses delivered in teach out mode are still required to meet the requirements of the HES Framework. The teach out re-accreditation process requires providers to demonstrate how they have assured themselves that course resourcing, course outcomes and overall service and support to students will not be adversely impacted by the decision to teach out the course.

Expiring a course

If a course is in teach out, but no students will be enrolled beyond the current accreditation expiry date, an application will not be required to renew the course in teach out and the accreditation of the course will expire at that time.

In this case, providers will be required to submit a material change notification to materialchanges@teqsa.gov.au to advise TEQSA of the decision to let the course expire. Material change notifications should be accompanied by the following:

• a teach out plan
• evidence that enrolments have ceased for the course and the course listing on the provider’s website has been updated or removed to reflect this
• evidence that students enrolled in the course were notified of the decision to cease offering the course and there was no adverse impact to those students
• confirmed meeting minutes of the academic governing body demonstrating approval to discontinue the course after due consideration of all matters, including the rationale and impact and risks to students
• confirmation that the course can be expired from the National Register.

Further information about material change notifications can be found on the TEQSA website.

Notification requirements

Providers should also submit a notification to TEQSA via materialchanges@teqsa.gov.au:

• if the teach out process has not proceeded as planned and there is an adverse impact on students. In this scenario TEQSA will expect to see evidence of the actions being taken by the provider to mitigate any risks to students
• to confirm that all students have either successfully graduated from the course or transitioned to a comparable course, and that the course can be expired from the National Register.

National Register

Where a provider has advised TEQSA that they do not intend to renew the accreditation of a course of study, or the renewal of accreditation has been approved in teach out mode, the National Register entry for the course will include a comment stating ‘Course accredited to [Effective To Date] to facilitate teach out. No further enrolment of students will be permitted.’

Any accreditation of a course in teach out mode may be subject to a condition regarding the enrolment of new students.

Further information

For more information or assistance with preparing an application to renew course accreditation in teach out, please contact the Courses team at assessments@teqsa.gov.au.
 

This page contains resources to support institutions, staff and students in considering the potential impacts and benefits generative artificial intelligence (gen AI) tools pose for teaching, learning and assessment.

Application for registration and course accreditation

Application for registration and course accreditation

Application for registration and course accreditation

TEQSA registers all providers of higher education in Australia.

We consider if applicants meet the Higher Education Standards Framework (Threshold Standards) 2021.

If we approve an application, we publish that decision on the National Register.

If we reject to an application, we share that decision on this page.

The Higher Education Standards Framework (Threshold Standards) 2021 (HES Framework) has applied since 1 July 2021.  

From a regulatory perspective, all applications made: 

• before 1 July 2021 will be assessed against the HES Framework 2015
• on or after 1 July 2021 will be assessed against the HES Framework 2021.

Material Change Notification Policy (HES Framework 2021)

View the Material Change Notification Policy.

Please direct any feedback to standards@teqsa.gov.au.

Guidance notes

Guidance notes are concise documents designed to provide high-level, principles-based guidance on interpretation and application of specific standards of the Higher Education Standards Framework (Threshold Standards) 2021. They also draw attention to other interrelated standards and highlight potential risks to compliance.
 

TEQSA is working to enhance its suite of guidance notes and will keep providers updated on our progress through our monthly e-News (subscribe here) and our social media channels.
 

We recognise and value the importance of drawing on knowledge of lived experience in the higher education sector.
 

Please view our Consultation page to learn more about present opportunities to provide feedback.

The resources published on this page are not instructional or ‘how to’ documents for compliance with the new HES Framework.

TEQSA publishes guidance notes to provide greater clarity for providers in the interpretation and application of selected standards. Guidance notes draw on our regulatory experience and knowledge of experts in the higher education sector.

Guidance notes usually focus on a single topic (such as academic leadership, for example). The guidance note typically outlines:

• the nature of the topic
• the relevant standards in the Higher Education Standards Framework (HESF) that relate to the topic
• the underlying intent of those standards
• the risks to the quality of education if the topic is not addressed sufficiently by a provider
• the evidence that TEQSA is likely to look for to be satisfied that the requirements of the HESF are being met.   

Comments and feedback on guidance notes can be emailed to standards@teqsa.gov.au.

Current guidance notes

Statements of Regulatory Expectations

A Statement of Regulatory Expectations (SRE) is a regulatory tool TEQSA uses to address systemic ongoing or acute emerging risks to compliance with the Higher Education Standards Framework (Threshold Standards) 2021.

• Statements of Regulatory Expectations

Good practice notes

• Addressing contract cheating to safeguard academic integrity
• Improving retention and completion of students in Australian higher education
• Making higher education admissions transparent for prospective students
• Preventing and responding to sexual assault and sexual harassment in the Australian higher education sector

Guide to determining the fitness and propriety of a person

This guidance sets out the principles and considerations that TEQSA will have regard to when assessing fitness and propriety for the purposes of the TEQSA Act. 

• Guide to determining the fitness and propriety of a person

Independent Experts engaged by providers 

This document provides guidance to providers on selecting a suitable independent expert to conduct a review or seek expert advice as part of their internal quality assurance processes.

• Independent Experts engaged by providers

Glossary of terms

• Access our glossary of terms

In an event that a non-exempt registered higher education provider fails to commence or ceases to deliver a unit and/or course to their students (that is, the provider “defaults”), that provider has responsibilities under three different mechanisms depending on whether the student is an overseas student, a domestic student accessing Higher Education Loan Program (HELP) loans, or a domestic up-front fee-paying student. These mechanisms are summarised in the table below.

Mechanisms covering different types of students

Providers with overseas and/or HELP students are already part of the tuition protection scheme. Regarding overseas students, providers should refer to Sections 46B and 46D of the ESOS Act for their specific obligations in the event of a default. For FEE HELP and HECS HELP students, providers¹ should refer to Part 5-1A of HESA for their obligations in the event of a default.

As of 1 January 2021, there are new requirements for providers² regarding domestic students who pay their tuition fees up-front. Providers must pay any tuition protection levies (and any late payment penalty), keep records for tuition protection purposes, and disclose tuition protection information and documents to the Department of Education. Providers must also comply with certain obligations in the case of a default such as to provide a refund or alternate suitable unit and/or course replacement within 14 days to their students affected by the provider default.

Providers are also required to report certain information in the approved form under Section 12 of the Tuition Protection (Up-front Payments Guidelines) 2020. The approved form is available from the Department of Education (TPS).

Relevant TEQSA requirements 

Part 5A of the TEQSA Act sets out tuition protection arrangements for domestic up-front fee-paying students. It is a condition of registration for private higher education providers to meet the tuition protection requirements, including reporting student information and student notification requirements.

The Higher Education Standards Framework (Threshold Standards) 2015 (HES Framework) contains obligations under Standard 6.2.1 for providers to ensure there are credible business continuity plans and adequately resourced financial and tuition safeguards to mitigate disadvantage to students who are unable to progress in a course of study due to unexpected changes to the higher education provider’s operations.

The TPS alone does not fulfil this obligation and is not a replacement for it. For further advice on financial and tuition safeguards and implications of the new scheme for your context, contact the TEQSA Enquiries Management team at providerenquiries@teqsa.gov.au.

Table A providers (i.e. public universities), TAFEs and other government owned providers are exempt from the requirements relating to the up-front payments tuition protection arrangements, except for obligations relating to providing information about replacement courses (section 62N of TEQSA Act) and obligations of replacement providers (Section 62P and 62Q of the TEQSA Act). Further, they are still required to have arrangements for financial and tuition safeguards as per Standard 6.2.1 of the HES Framework. 

Key links

• Tuition Protection Service
• Privacy statement
• Information for providers

Notes

1. 'Table A' Universities, TAFEs and other Government-owned providers are exempt from the tuition protection arrangements for HELP students, except for obligations relating to providing information about replacement courses (section 166-27 of HESA) and obligations of replacement providers (Sections 166-30 and 166-32 of HESA)
2. 'Table A' Universities, TAFEs and other Government-owned providers are exempt from the tuition protection arrangements for domestic up-front fee-paying students, except for obligations relating to providing information about replacement courses (section 62N of TEQSA Act) and obligations of replacement providers (Section 62P and 62Q of the TEQSA Act).

What is a material change notification?

A material change notification is how providers ensure timely disclosure of events that happen or are likely to happen that will significantly affect a provider’s ability to comply with the Higher Education Standards Framework (Threshold Standards) 2021 (HES Framework) or that will require changes to the National Register.

TEQSA understands that serious incidents and changes will happen. When something serious happens TEQSA has an important role in assuring that providers respond appropriately and that students and quality are not adversely affected.

Notifications do not constitute an application for approval to implement changes, as approval is not required. However, TEQSA will follow up if it considers there is a risk of non-compliance with Standards in the HES Framework.

Providers subject to the Education Services for Overseas Students Act 2000 (ESOS Act) and National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) should be mindful of any notification and application requirements arising from changes in circumstances under the ESOS Act. Information about notifications and approvals required under the ESOS Framework can be found on the TEQSA website. Providers should use the relevant CRICOS change form to notify TEQSA of any changes that require notification under the ESOS Act.

Why material change notifications are important

Notifying TEQSA of material changes is important for the following reasons:

• It is an obligation under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)
  • Section 29(1)(a) of the TEQSA Act requires that a registered higher education provider must notify TEQSA if an event happens or is likely to happen that will significantly affect the provider’s ability to meet the HES Framework.
  • Section 29(1)(b) of the TEQSA Act requires that a registered higher education provider must notify TEQSA an event that will require the Register to be updated in respect of the provider.
  • Section 29(2) of the TEQSA Act requires that the notification must be given no later than 14 days after the day the provider would reasonably be expected to have become aware of the event.
• For CRICOS-registered providers, it is an obligation under the Section 17A of the ESOS Act to notify TEQSA of certain changes. These are listed on the TEQSA website: Notifications and Approvals Required of CRICOS Registered Providers.
• Reporting gives TEQSA assurance that the provider is identifying and responding to risks
  Information provided as part of a material change notification provides TEQSA with insight about how the provider has identified risks and is responding to and managing these risks. Where TEQSA has confidence that risks are being managed, there may be no need for any further action by TEQSA. A well-documented notification also enables TEQSA to better understand and address any concerns we receive in relation to the changes.
• TEQSA may need to provide regulatory advice or guidance
  Timely notification allows TEQSA to identify any potential issues or concerns at an early stage and, where appropriate, provide further advice or guidance to providers to ensure continued compliance with the HES Framework. TEQSA is confident that most providers are willing and able to be compliant, or to take actions to achieve compliance, when risks or concerns are identified.
  
  While TEQSA’s principal objective is to encourage and facilitate voluntary compliance, TEQSA will, where necessary, take enforcement action. In deciding what response is appropriate, TEQSA will take into consideration several factors, including whether the provider has complied with its duty to notify, and any proactive action the provider has taken to address the non-compliance. For more information see TEQSA’s approach to compliance and enforcement.
• Reporting allows TEQSA to monitor risks across the sector
  The information collected through material change notifications gives TEQSA an insight into risks that may have an impact on multiple providers or the sector as a whole and to provide appropriate advice and guidance to providers on potential and emerging risks.   

What changes require notification 

Providers are required to notify TEQSA if an event happens or is likely to happen that will significantly affect the provider’s ability to meet the HES Framework.

Beyond areas listed in paragraph 8 of TEQSA’s material change notification policy, what constitutes ‘significant’ will depend on the individual circumstances of the provider, taking into account students, operations, finances, and reputation. It is the responsibility of each provider to decide whether an incident poses a significant risk or threat to its ability to comply with the HES Framework.

When deciding whether or not a change requires reporting to TEQSA, providers should consider:

• The impact of the change. Who and what has been, or may be in the future, impacted by the change? For example, does the change pose a risk to students or the provider’s financial viability?
• The risks and potential consequences. Does the change pose a risk to the provider’s ability to meet the HES Framework or continue its current operations?
• The nature of the change. Is the change a one-off event, or is it a result of, or could lead to, more systemic or ongoing risks? 

Providers are required to notify TEQSA of a material change even when the risks associated with the change have been mitigated. This gives TEQSA assurance that the provider is identifying and responding to risks and enables TEQSA to address any concerns we receive in relation to the changes.

The guidance below shows types of events that should and shouldn’t be reported to TEQSA. This is not a definitive list but is indicative only.

Changes that require an update to the National Register through an MCN 

Providers must notify TEQSA of any of the following changes that require an update to the National Register:

• any change to the name of the legal entity
• any change to the ABN
• any change to the business or trading name
• any change to the details of the provider’s head office
• any change to the provider’s website address
• any change in the name of a course of study

How to submit a notification and what to provide

TEQSA expects providers to submit material change notifications no later than 14 days after the day that the provider would reasonably be expected to have become aware of the event.

CRICOS registered providers should be aware of different timelines for reporting changes. These are outlined at Notifications and approvals required of CRICOS registered providers.

• Notifications must be submitted via email to materialchanges@teqsa.gov.au
• The notification should include information such as:
  • Details of the change, including when the event happened or will happen, and which standards within the HES Framework it relates to
  • Whether the change is temporary or ongoing
  • How the provider is managing the change and mitigating any associated risks to ensure continued compliance with the HES Framework
  • For unanticipated events, details about how and when the event was detected and whether there was a failure of existing controls to detect and mitigate the risk of non-compliance
  • Details of the internal approval process for the change (if applicable)
  • In the case of changes to a course of study, the provider should include the rationale used to assure itself that the changes do not constitute a new course of study requiring an initial accreditation application
  • Evidence that the relevant body (e.g. the governing body, the audit and risk committee or Academic Board) has been advised of the event and consulted on mitigation plans.
• In the event of multiple changes taking place at the same time, only one consolidated notification is required
• There is no fee for submitting a material change notification.

Once notification is received by TEQSA

Providers will receive email confirmation from TEQSA that the notification has been received. TEQSA will contact the provider if any additional information or clarification is required.

Dual-sector providers

TEQSA is aware that dual-sector providers are also required to notify ASQA of material changes and that ASQA has different reporting requirements. TEQSA and ASQA are working together to try to minimise the difference in the reporting requirements between the two regulators.

More information

For more information on TEQSA’s approach to Material change notifications, view our Material change notification policy and Notifications and approvals required of CRICOS registered providers.

Contact

If you have any questions regarding material change notifications, please email materialchanges@teqsa.gov.au and CC in the TEQSA Enquiries Management team at providerenquiries@teqsa.gov.au.