• Identifying, avoiding and reporting illegal cheating services

    Illegal cheating services threaten academic integrity, and they expose students to criminals. Research1 shows operators of these illegal cheating services will threaten to inform the university or the student’s future employer about a student’s cheating unless the student pays them a large sum of money. 

    Australia has banned commercial cheating services and promotion of these services to students. Laws against commercial cheating services include criminal penalties such as fines of up to $100,000 for operators. People who provide cheating services for free also face civil prosecution. These laws do not penalise students who use these services to engage in cheating but institutional discipline policies will continue to apply.

    TEQSA has developed the following information to help students to identify, avoid and report illegal cheating services. This information is intended to complement, not replace, any advice you may receive from your institution. 

    Identifying an illegal cheating service

    Identify icon

    Illegal commercial cheating services can include websites and individuals or groups that market or provide cheating services to students.

    Illegal cheating services – sometimes also called contract cheating services – sell students essays or assignments, or accept payment for someone to sit exams on a student’s behalf. 

    Often, these services market themselves as offering ‘study support’. Many of these illegal operators will ask students to upload previous work or material from their course to access the advertised ‘support’.

    Some of these illegal services market aggressively via social media, email and on campus. They can also find you through your social media posts. For example, a student may post on social media about an essay they are writing and then receive numerous ‘bot’ messages offering illegal commercial cheating services.

    Avoiding illegal cheating services

    Avoid icon

    Identifying illegal cheating services can sometimes be difficult but you should always avoid any service that:

    • promises to help write or improve your essay or assignment or sit an exam on your behalf in exchange for money
    • offers unsolicited ‘study support’ via social media, email or on-campus advertising
    • asks you to upload a previous example of your work, or materials from your course, in order to receive help
    • offers to sell you study notes, exams or other assessment materials.

    Students experiencing study difficulties should always speak with their tutor or course coordinator. They can help you access study support options and also protect your academic integrity.

    Tips icon

    Tip: Blocking unsolicited messages received via social media or email offering study support, essay writing or other contract cheating services can help you avoid illegal cheating services and maintain your academic integrity.

    Be aware of the information you share on social media networks and consider your privacy settings. This may help you avoid being targeted by illegal cheating service operators.

    Reporting illegal cheating services

    Reporting icon

    TEQSA and Australia’s higher education providers work together to share intelligence about illegal cheating services. This supports institutions to protect student interests and academic integrity by securing their networks against illegal services.

    Where to report a suspected commercial cheating service

    To your provider

    If you receive email material promoting suspected illegal cheating services via your institutional email account, or see a suspected cheating site on your institution’s network, report it to your school or university. You should also inform them if you see posters, notices or business cards on your campus promoting illegal cheating services.

    To TEQSA

    If you encounter a suspected illegal cheating service, you can report it by completing our online form.

    Notes

    1. Yorke, J., Sefcik, L., & Veeran-Colton, T. (2020). Contract cheating and blackmail: a risky business? Studies in Higher Education.
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  • Notifications and approvals required of CRICOS registered providers

    Section 17A of the Education Services for Overseas Students Act 2000 (ESOS Act) and Standard 11.3 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) require providers to notify TEQSA of certain events, such as a change of details on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), or any change or event that would significantly affect the provider’s ability to comply with the Act.

    Some notifications have timeframes specified in the National Code and the ESOS Act:

    • Standard 11.3 of the National Code requires a registered provider to notify its ESOS agency (TEQSA) of any proposed changes to the provider’s registration for a course at least 30 days prior to the time at which those changes are to take effect. This includes proposed changes to:
      • course duration, including holiday breaks
      • modes of study, including on-line, distance or work-based training
      • number of overseas students enrolled at the provider, within the limit or maximum number approved by the ESOS agency for the location
      • arrangements with other education providers, including partners, in delivering a course or courses to overseas students.
    • Section 17A of the ESOS Act requires a registered provider to notify its ESOS agency (TEQSA) of the following, within 10 business days after the event occurs:
      • any occurrence of an event that would significantly affect the provider’s ability to comply with the Act
      • any prospective changes to the ownership of the registered provider as soon as practicable before the changes takes effect
      • any prospective or actual change in relation to a related person of the provider. If the change cannot be determined until it takes effect, the registered provider is to notify the ESOS agency (TEQSA) within 10 business days of the change taking effect; or as soon as practicable before the change takes effect.

    NOTE: There are no fees associated with any of these changes.

    Notifications must be submitted in the approved form via the provider portal within the timeframe required by the Act/National Code and must include all information requested.

    Please use the following application forms to notify TEQSA of these types of change to your CRICOS registration:

    Relevant legislation

    Type of notification

    Application form for notification

    Timeframe

    National Code

    Changes to the duration of a course, including holiday breaks

    Other CRICOS changes

    At least 30 days prior to the time at which those changes are proposed to take effect

    National Code

    Changes to modes of study, including online, distance, or work-integrated learning components of a course

    Other CRICOS changes

    At least 30 days prior to the time at which those changes are proposed to take effect

    National Code

    Changes to the maximum number of overseas students that can be enrolled at a location

    Change student capacity on CRICOS

    At least 30 days prior to the time at which those changes are proposed to take effect

    National Code

    New arrangements with other education providers in delivering a course or courses to overseas students

    Arrangements with another provider (third-party partnership)

    At least 30 days prior to the time at which those changes are proposed to take effect
    National Code Termination of arrangements with other education providers in delivering a course or courses to overseas students Other CRICOS changes At least 30 days prior to the time at which those changes are proposed to take effect

    ESOS Act

    Any change or event that would significantly affect the provider’s ability to comply with the Act, for example:

    • changes to the title of a course
    • administrative changes such as change of provider address
    • correction of a course’s Field of Education
    • corrections to minor errors in the initial data entry of a course in the register

    Other CRICOS changes

    Within 10 business days after the event occurs

    ESOS Act

    Prospective or actual change in relation to a related person of the provider

    Other CRICOS changes

    As soon as practicable before the changes take effect, or if the change cannot be determined until it takes effect, within 10 business days of the change taking effect

    Please note: For providers registered under the Tertiary Education Quality and Standards Agency Act 2011, there may also be obligations to submit a material change notification to TEQSA where an event requires an update to the National Register or an event happens or is likely to happen that will significantly affect the provider’s ability to meet the Higher Education Standards Framework (Threshold Standard) 2021. Further information is available on our Material Changes page.

    Evidence requirements for Other CRICOS changes

    Changes to the duration of a course

    If making a change to the duration of a course, you should provide evidence to support your application including rationale for the change and minutes of the decision taken by the governing body, evidence that students have been advised of the proposed change and evidence that students have been advised to contact the Department of Home Affairs if this change will require an extension of their student visa.

    Changes to the title of a course

    If proposing a change to the title of a course, where the course duration and its learning outcomes remain the same, you should provide evidence to support your application including minutes of the decision taken to update the course title and evidence that current and accepted students have been informed.

    Changes to work integrated learning components of a course

    If proposing changes to work integrated learning components of a course, you should provide evidence to support your application including the rationale for the change and minutes of the decision taken.

    Changes to student capacity on CRICOS

    For more information regarding the evidence requirements for changing overseas student capacity at a location, see the How to apply to change student capacity on CRICOS page.

    Further information

    For more information or assistance regarding notifications required under the National Code and the ESOS Act, please contact the CRICOS team at cricos@teqsa.gov.au.  
     

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    Related links

  • Response to the performance audit report on TEQSA's Regulation of Higher Education

    16 April 2020

    Attachment A

    Summary response for inclusion in ‘Summary’ section of the report

    The Tertiary Education Quality and Standards Agency (TEQSA) welcomes the Australian National Audit Office’s performance audit report on its regulation of higher education and thanks the audit team for their efforts and diligence in conducting the audit.

    TEQSA has only recently had its resourcing increased following a period of significant reduction in resourcing and reduced capacity. One recent initiative was to establish a dedicated Compliance and Investigations team. The timing of the audit presented an opportunity to reflect on areas for improvement and we are pleased that the findings confirm areas of focus where TEQSA already has work well underway. 

    In finding TEQSA’s regulatory activities to be effective or largely effective in all but one instance, the ANAO’s report confirms that TEQSA is meeting its purpose under the TEQSA Act to regulate higher education according to the principles of regulatory necessity, risk and proportionality. TEQSA acknowledges the areas for improvement and recommendations in relation to its compliance and enforcement activities.

    TEQSA accepts all five recommendations in relation to its compliance and enforcement activities, with action already planned or underway to make improvements consistent with these recommendations. This includes work already undertaken to strengthen TEQSA’s existing compliance monitoring framework, improvements to the planning of compliance assessments and ensuring the timely assessment of material submitted by providers. TEQSA has also implemented processes for consistent handling of material change notifications and reporting of compliance activity, with a full regulatory operations report to be published in July 2020. 

    Attachment C

    TEQSA’s full response to the audit report

    TEQSA acknowledges the ANAO’s findings and recommendations and appreciates the opportunity to comment on the Audit Report. 

    The ANAO report makes five recommendations designed to improve the effectiveness of TEQSA’s compliance activities. Broadly, these emphasise the development of a comprehensive compliance monitoring framework supported by appropriate operational processes, and improving the documentation, timeliness and public reporting of the activities of TEQSA’s compliance activities. TEQSA agrees with all five recommendations, noting that in assessing compliance the agency is required to apply the three basic principles of regulation stated in the TEQSA Act, which are regulatory necessity, reflecting risk and proportionality.  

    Compliance is monitored and assessed by TEQSA through a number of interconnected and complementary activities, including:

    • cyclical assessments for re-registration and re-accreditation
    • an annual risk assessment process
    • the investigation and monitoring of complaints and other information about providers
    • the conduct of sector-wide thematic analyses.

    Under the TEQSA Act, TEQSA may review or examine any aspect of an entity’s operations to ensure continuing compliance with the Threshold Standards. However, following the Lee Dow-Braithwaite review1, the agency was directed to focus on simplifying processes and improving the timeliness of decisions about applications by Ministerial Direction 2 – 2013. As noted in Figure 1.2 of the ANAO report, from 2014-15 TEQSA was also subject to a significant reduction in its appropriation, as well as a reduction in the average number of ongoing staff that could be engaged. This restriction severely limited TEQSA’s ability to undertake any additional activities without a diversion of resources from application based assessment. Despite these limitations, TEQSA has been able to act quickly to address incidents that posed serious risk to the interests of students or the reputation of the sector, which was supported by the ANAO report finding that TEQSA has provided appropriate support to the sector to address key sector-wide risks. In 2018-19, with increased resourcing, TEQSA undertook significant recruitment and training of new staff, as well as the review and development of regulatory processes. 

    TEQSA considers that the overall conclusion that the effectiveness of TEQSA’s regulation of higher education is “mixed” understates the positive findings of the ANAO audit, which found effective or largely effective performance in three of the four elements of the audit. The ANAO report has not provided any indication that TEQSA’s compliance and enforcement processes have been unsuccessful or ineffective in achieving their stated objectives or identified instances of non-compliance that have threatened TEQSA’s core objects of protecting the interests of students and the reputation of Australia for providing quality higher education. 

    The almost complete absence of failures in Australian higher education since TEQSA’s regulatory functions commenced provides strong evidence of the effectiveness of the agency’s regulatory approach, which is underscored by the assessment of TEQSA’s regulatory approvals processes and sectoral guidance and support as effective. The ANAO has not identified any instances in which TEQSA failed to take appropriate action to address a substantial compliance concern.

    The ANAO report acknowledges that the indicators and data used by TEQSA in risk assessment processes are aligned with the key areas of risk to providing quality higher education, but queries the accuracy of provider risk assessments due to the age of the source data used in the assessments. TEQSA notes that the accuracy of the risk assessments is clear, as the results reflect the available data, but that the risk assessments may be affected by the currency of the data. As the ANAO report acknowledges, the Transforming the Collection of Student Information project which is due to be implemented from 2020 by the Department of Education, Skills and Employment should improve the availability of timely student data. Additionally, the ANAO report does not recognise the need for complaints to be assessed by TEQSA for relevance to and compliance with the standards, before they can be considered for inclusion in the risk assessment. 

    TEQSA acknowledges the areas for improvement for regulatory approvals processes identified by the ANAO, namely: better documenting the rationale for the scope of application assessments in assessment planning; selected guidance for staff and experts on analytical approaches for assessing whether standards have been met; and ensuring advice for decision makers include an analysis of relevant complaints against the provider received by TEQSA.

    TEQSA has strengthened the rationale for the scope of its assessments through revisions to its approach and documentation of pre-application scoping. These approaches are well documented, adequately consider matters, including risk and complaints, and provide a suitable framework for the assessment process. 

    TEQSA accepts further guidance to staff is necessary and will implement improvements as suggested in the audit report. The changes implemented to improve the pre-application scoping process are also relevant for the consideration around analysis of complaints. TEQSA has reviewed its approach to complaints and is implementing the necessary changes so that complaints can be considered in assessments.

    TEQSA would like to thank the audit team for their work and the diligent, constructive and professional manner in which the audit was conducted.  

    Professor Nicholas Saunders AO
    Chief Commissioner and Acting CEO
    26 March 2020

    Notes

    1. Dow, K, Braithwaite, V 2013, Review of higher education regulation: report [Lee Dow-Braithwaite review], Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, Canberra, p.10, accessed 17 March 2020.
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  • Retention

    Student success, retention, and completion in higher education is an issue of fundamental importance, receiving considerable effort and attention both in terms of research and innovation in policy and practice.

    We are working with providers to identify any strategies or common approaches that have led to improved student retention rates and therefore offer helpful examples of good practice across the sector.

    Resources

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  • Information publication scheme agency plan

    TEQSA is subject to the Freedom of Information Act 1982 (FOI Act) and must comply with the Information Publication Scheme (IPS) requirements within that Act. These requirements impose an obligation on TEQSA to publish a range of information including information about what we do and how we do it.

    We publish this information on our website and ensure that we fulfil the requirements of the IPS by allowing you to search and access the information we are required to publish.

    Documents and information

    Some of the information you can find on our website includes:

    Freedom of information disclosure log

    The role and functions of TEQSA

    Functions and powers under the Tertiary Education Quality and Standards Agency Act 2011

    Statutory appointments

    Budget papers

    Annual Report

    Corporate Plan

    Consultations run by TEQSA

    Organisational structure

    Service Charter

    Operational information

    Operational information that TEQSA is required to publish under the IPS is available from the How We Regulate section.

    Senate Continuing Order 12 requires the production of files relating to policy advising functions, the development of legislation and matters of public administration, not later than the tenth day of the spring and autumn sittings. Case related files, those related to internal administration of a department or agency, and those files transferred to the National Archives, are specifically excluded.

    Given the terms of the order, the nature of TEQSA's responsibilities and our records management system, we have not been required to provide a response to the order to date.

    For more information, please contact:

    FOI Coordinator
    Tertiary Education Quality and Standards Agency
    GPO Box 1672
    Melbourne VIC 3001
    Email: foi@teqsa.gov.au

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  • Complaints about TEQSA policy

    Body

    Purpose

    This policy sets out principles that inform TEQSA’s approach to managing complaints about TEQSA’s practices and services, or about the actions of a TEQSA employee or contractor and its complaints handling process.

    Scope

    This policy applies to external complaints about practices and services that TEQSA provides to its external stakeholders, and external complaints about the actions of TEQSA employees or contractors, including complaints alleging TEQSA employee or contractor bias.

    This policy does not cover:

    • complaints about regulatory decisions by TEQSA—these are covered by review and appeal provisions
    • complaints about fees or charges for TEQSA applications—these are set by legislative instrument
    • complaints about higher education providers—these are covered by TEQSA’s policy on complaints about providers
    • internal complaints about TEQSA’s practices and services—these are covered by TEQSA’s internal grievance and public interest disclosure procedures
    • investigations about TEQSA conducted by the Commonwealth Ombudsman. Information about making complaints to the Commonwealth Ombudsman can be found on its website.

    Principles that guide complaint handling

    1. TEQSA aims to provide high quality services to all stakeholders, and invites complaints from external stakeholders when its practices or services, or the actions of its employees or contractors, do not meet the standards set out in its Service Charter.
    2. All complaints against TEQSA or its employees will be considered seriously.
    3. Complaints about TEQSA will be handled in a way that is prompt, respectful, responsive, fair and consistent.
    4. Principles of procedural fairness will be applied to all parties when investigating and responding to a complaint about TEQSA’s activities and practices, and about the activities and practices of its staff.
    5. TEQSA will use findings following investigation of a complaint to improve its practices and services to stakeholders.

    Complaints handling process

    1. TEQSA does not restrict the manner in which a complaint may be made. However, in general, complaints should be submitted by email to review@teqsa.gov.au.
    2. If a complainant provides contact information, TEQSA will confirm receipt of the complaint, and provide information about how TEQSA complaint will handle the complaint (including, as far as possible, the timeframe in which TEQSA will consider and respond to it).
    3. Consideration of complaints about TEQSA and staff members will be coordinated by TEQSA’s Legal Team, except in the case of a complaint about the Legal Team or a member of the Legal Team. In the case of complaints about the Legal Team or a member of the Legal Team, they will be referred to the TEQSA CEO—and TEQSA’s consideration of them will be informed by TEQSA’s conflict of interest policy and any other relevant policies. Depending on the nature and complexity of the complaint(s), the TEQSA CEO may also seek external legal advice about any complaint(s) made about the Legal Team or a member of the Legal Team.
    4. Complaints are handled in accordance with TEQSA’s privacy and confidentiality obligations (TEQSA’s privacy policy) In particular, to the extent that TEQSA proposes to disclose a complainant’s personal details, the complainant’s consent will be sought.
    5. Subject to TEQSA’s confidentiality obligations, complainants are informed of the action TEQSA takes in response to a complaint.
    6. Records of complaints about TEQSA will be maintained separately from other complaints, including from records of complaints about providers.
    7. Where a complaint falls outside TEQSA’s remit, the complainant will be informed of any other agencies to which the complaint may be relevant.
    8. TEQSA may decide not to investigate a complaint found to be fraudulent, vexatious or vindictive.

    Further information

    Further information about TEQSA’s approach to the management and handling of complaints about TEQSA can be obtained by directing an email enquiry to: review@teqsa.gov.au. 

    Stakeholder
    Publication type

  • TEQSA’s approach to consultation

    Body

    Why does TEQSA consult?

    TEQSA takes a partnership approach to regulation of the higher education sector. As part of this, TEQSA will seek to consult stakeholders when we consider or propose changes that may meaningfully inform or impact regulation of the higher education sector.

    TEQSA values feedback from stakeholders and recognises consultation and engagement supports improvements in regulation and providers’ capacity for self-assurance. 

    Principles of consultation

    TEQSA’s approach to consultation is consistent with its overall regulatory philosophy of partnership with the sector. It is also guided by the principles of reflecting risk, proportionality, and necessity. 

    1. Broad consultation

    TEQSA endeavours to consult with the full range of stakeholders within the Australian higher education system. It recognises that the sector is diverse and the views and interests of stakeholders may vary depending on their size, nature of operations and location. TEQSA’s approach to consultation aims to capture the breadth and diversity of stakeholders affected by any proposed changes, and also considers whether the impact of proposals is likely to differ among providers. 

    TEQSA may establish and refer to a ‘TEQSA Reference Group’ as part of its consultation process, where appropriate.

    2. Clear purpose and scope

    TEQSA will clearly explain the objectives of a consultation process. The focus and scope of consultation will be directly linked to meeting the objects of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act). This includes monitoring provider compliance with the Higher Education Standards Framework (Threshold Standards) 2021. Consultation documents will clearly set out the consultation process, what is being proposed, the scope to influence and benefits of the proposal. 

    3. Enough time

    TEQSA believes consultation on proposals should start early and continue at key stages in the development of a proposal when there is scope to influence the outcome. TEQSA will aim to put sufficient information in the public domain to allow stakeholders to provide an informed view. TEQSA will also allow enough time for consideration of the potential outcome of the proposal.

    The duration of a consultation process will be appropriate for each proposal’s purpose and scope. If a consultation extends over a holiday period, TEQSA will take this into consideration when setting the response cut-off date. If a shorter consultation exercise is unavoidable, TEQSA will make clear the reasons for this. 

    4. Accessible

    TEQSA is aware of the importance of ensuring consultation processes and documents can be easily accessed by stakeholders. Channels of communication may include direct email, correspondence, website, survey tools, forums, use of reference groups, or a combination of these. If a stakeholder has difficulty accessing any of TEQSA’s published documents, TEQSA will address this in a timely manner.

    5. Minimal burden

    Where possible, TEQSA appreciates that keeping the potential impact of consultation to a minimum is essential to effective consultation. Wherever possible, TEQSA will make best use of existing data and will ask stakeholders to add to or validate this information. Where feasible, TEQSA may ‘join up’ consultation exercises to reduce the administrative burden associated with multiple consultation processes.

    Where possible, TEQSA will consider of the timing of any other consultations with the sector that are being planned by other Australian Government regulatory or policy agencies (e.g. the Department of Education or the Australian Skills Quality Authority). This is to avoid a situation where providers are overloaded with requests to contribute to government consultations or are asked for the same or similar information by different agencies.

    6. Clear feedback on outcomes

    TEQSA will provide, to the extent possible, clear feedback to participants following each consultation, primarily via an analytical summary of the responses received and an explanation of how the consultation exercise influenced the development of the proposal under consideration. This will be done as soon as practicable after the close of the consultation exercise. In keeping with good practice, TEQSA understands that this approach demonstrates openness and transparency and increases stakeholder trust in the consultation process.

    The summary of responses will generally also list those who responded to the consultation exercise, the means by which responses were received (for example, formal responses and other channels such as meetings and online discussion forums) and an indication of the range of responses to each question.

    On occasion, TEQSA may publish submissions made to TEQSA. This intention will generally be made known to stakeholders at the time submissions are sought. If TEQSA decides to publish submissions, permission will be sought prior to publication.

    7. Improvement

    TEQSA will formally evaluate each consultation process to identify ways of making future consultations more effective and efficient. This process will consider any views expressed by stakeholders on particular aspects of the process and/or by external experts.

    8. Confidentiality

    TEQSA will consider all requests to keep information confidential. While TEQSA has certain statutory obligations of confidentiality under the TEQSA Act, it also operates within a public accountability framework. This includes obligations:

    • to provide information to Ministers, the Parliament or Parliamentary Committees
    • under the Freedom of Information Act 1982, the Auditor-General Act 1997 and the Ombudsman Act 1976
    • to provide reasons for TEQSA’s decisions or details about TEQSA’s activities, including in the context of court or tribunal proceedings. 

    At times TEQSA may be obliged to share confidential information. In these situations, TEQSA will endeavour to consult with affected stakeholders and afford them an opportunity to make a submission about whether the information should be released. However, in certain cases it may not be possible to consult the affected stakeholders.

    9. Privacy

    TEQSA is obliged to protect any personal information about individuals in accordance with the provisions of the Privacy Act 1988. TEQSA will provide information about the collection, use and disclosure of personal information where it is likely that personal information will be collected in consultations.

    Phases of consultation

    While each TEQSA consultation will be adapted to suit the circumstances of the particular proposal under consideration, it will generally include the main phases of consultation set out in below:

    1. TEQSA notifies the sector of its intention to consult via the TEQSA website/formal correspondence/advertisement
    2. TEQSA issues documentation, which may include a consultation paper
    3. TEQSA may hold briefings or meet with key stakeholders
    4. TEQSA receives feedback from stakeholders
    5. TEQSA publishes a summary of feedback and responses. This could include any actions/changes that may occur as a result of stakeholder feedback
    6. TEQSA issues final paper/policy via the TEQSA website/formal correspondence.
    Stakeholder
    Publication type

  • Lawful disruption of access to online services policy

    Body

    Purpose

    This document sets out TEQSA’s policy regarding requests by TEQSA for the lawful disruption of access to online locations under s313(3) of the Telecommunications Act 1997 (Telecommunications Act) that appear to show content that amounts to, or involves, contraventions of relevant serious offence or civil penalty provisions in the Tertiary Education Quality Standards Agency Act 2011 (Cth) (TEQSA Act).

    TEQSA’s role and responsibilities

    Please refer to TEQSA’s website for information about TEQSA’s role and responsibilities.

    In particular, TEQSA will apply this policy as part of its efforts to protect academic integrity. For more information about TEQSA’s efforts in this regard, please refer to the relevant page on TEQSA’s website.

    The power to disrupt online locations

    Section 313(3) of the Telecommunications Act requires that carriage service providers, in connection with their operation of telecommunications networks and facilities or the supply of carriage services, give officers and authorities of the Commonwealth, states and territories any help reasonably necessary to, amongst other things, enforce the criminal law and laws imposing pecuniary penalties.

    It enables government agencies to request internet service providers (ISPs), as carriage service providers, to provide such assistance as is reasonably necessary to disrupt the operation of online services by blocking access to online services and locations (including websites).

    In line with the Commonwealth’s relevant guidelines , the following serious offence or civil penalty provisions in the TEQSA Act may form the basis of a request by TEQSA under s313(3) of the Telecommunications Act:

    1. offence provisions that impose a maximum prison term of at least two years
    2. civil penalty of at least 120 Commonwealth penalty units. 

    Principles

    When considering whether to make a disruption request, TEQSA will determine whether a disruption is warranted and necessary by reference to the factors for consideration that are relevant (see below); and

    If TEQSA makes a decision to send a disruption, the agency will:

    1. obtain the necessary approval at TEQSA
    2. once the disruption request is made and implemented, monitor, evaluate and report on the outcome of the disruption.

    When making a disruption request, TEQSA will take steps to ensure that the request is as targeted as possible (by reference to the relevant offence or civil penalty provision in the TEQSA Act), effective and executed appropriately.

    Factors for TEQSA to consider

    Before making a disruption request, TEQSA will consider a range of factors to determine whether the request is warranted and necessary, including:

    1. whether TEQSA or any other agency is conducting an investigation into a possible breach of an offence or civil penalty provision in the TEQSA Act covered by this policy
    2. the availability of other enforcement tools, such as injunctions (and the legal costs and time involved in using those tools by reference to the benefit(s) TEQSA would secure by using them)
    3. the range of services on the site that may be the subject of a disruption request, including whether there is a risk that the disruption request would affect services made available on the site that do not involve contraventions of a relevant offence or civil penalty provision in the TEQSA Act
    4. the harm being done by the online location
    5. the likely effectiveness of the proposed disruption
    6. the view(s) of the relevant internet service provider(s) who TEQSA intends to send the request(s) to
    7. technical feasibility and costs involved in the proposed disruption
    8. potential consequences for, or damage to, the work of other Commonwealth or State government agencies or institutions in their pursuit of their respective objectives
    9. potential consequences or damage to a higher education provider
    10. the nature and seriousness of the offence or contravention
    11. whether there is a public interest in disrupting access.

    Consultation

    TEQSA will consult with the relevant ISPs, as carriage service providers, at an early stage about the proposed disruption, unless there is a material risk that doing so will compromise any relevant investigation. TEQSA will consult to obtain their views on the proposed disruption, the best means of complying with requests for assistance and the management of associated costs in respect of ISPs’ compliance with requests.

    Complaints or concerns about the disruption of access to an online location

    The owner of an affected online location can complain about the disruption by following the instructions on the Protect yourself from illegal commercial cheating services webpage (under the heading Complain or raise concerns about the blocking of a website). Concerns about the disruption that impact upon any person other than the owner of the affected online location can be raised in the same way.

    If TEQSA receives a complaint about a disruption, it will initially determine whether the disruption should remain in place and respond to the complaint accordingly, including by informing the complainant of the outcome of its determination (if the complainant provided contact details when lodging the complaint). Any concerns raised with TEQSA will be dealt with by reference to the concerns raised.

    TEQSA may use any information it receives from any person who contacts it about the disruption of access to an online location in taking enforcement action (including in the pursuit of civil penalty or criminal penalty proceedings pursuant to sections 114A and 114B of the Tertiary Education Quality and Standards Act 2011), either independently or in conjunction with other agencies.

    Review and monitoring following request

    TEQSA will monitor and evaluate each disruption request. If TEQSA becomes aware that a disruption is inappropriate (or no longer appropriate) or has unintended consequences, then TEQSA will consider taking appropriate remedial action.

    TEQSA will note contact from any person regarding any disruption.

    TEQSA may use any information it receives from any person who contacts it about the disruption of access to an online location in taking enforcement action (including in the pursuit of civil penalty or criminal penalty proceedings pursuant to sections 114A and 114B of the Tertiary Education Quality and Standards Act 2011), either independently or in conjunction with other agencies.

    Informing the public about requests

    TEQSA will take reasonable steps to notify the owner of an online location covered by a request under s313(3) of the Telecommunications Act, unless doing so could compromise an investigation either TEQSA or any other agency is conducting.

    The Commonwealth’s relevant guidelines state that agencies should publish each disruption request and include why the request has been made to promote transparency and public awareness about requests made under s313(3) of the Telecommunications Act. The guidelines, however, also state that agencies are not required to publish requests if the report may jeopardise ongoing or planned investigations, interfere with operational activities, or give rise to other law enforcement or national security concerns.

    Wherever practical and reasonable in the circumstances, TEQSA will inform the public each time it makes a disruption request by:

    1. publishing a notice on the disrupted website advising that access to a particular site has been stopped (a ‘stop page’). The stop page will advise that TEQSA has requested the disruption and the reason(s)
    2. notifying the public of the fact that the power has been used and why on TEQSA’s website.

    The stop page will include details of how adversely affected parties may complain to TEQSA if they feel aggrieved by the disruption.

    In accordance with the guidelines, TEQSA will report annually to the Australian Communications and Media Authority (ACMA) on the number of disruption requests the agency has made during the year: see p. 6 of the guidelines. 

    ACMA is responsible for reporting annually to Parliament on all requests made by government agencies during the year. Further, TEQSA will provide information about the number of requests for assistance we made each year in TEQSA’s annual report.

    Contact

    Any enquiries about TEQSA’s approach to the lawful disruption of access to online locations can be directed to: enquiries@teqsa.gov.au.

    1. See Guidelines for the use of section 313(3) of the Telecommunications Act 1997 by government agencies for the lawful disruption of access to online services (‘the guidelines’)
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