• TEQSA provider survey report and response 2022

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    TEQSA’s annual stakeholder consultation has been conducted each year since 2015-16 to gain insights into stakeholder views on the agency, its regulatory output and approach to risk. The annual survey also informs strategic initiatives in relation to continuous improvement, sector-wide risk management and stakeholder engagement. The results of past surveys have informed targets within the Regulator Performance Framework and TEQSA’s Corporate Plan as a measure of meeting key objectives.

    Due to the significant challenges that TEQSA-regulated entities were facing in 2020 with the COVID-19 pandemic, stakeholder consultations were conducted via focus groups with institution peak bodies only.

    The stakeholder consultation returned in 2021 via an online survey with providers. This year again, TEQSA sought to gain insights into providers’ views on the agency’s performance, in addition to potential and/or emerging sector-wide risks.

    TEQSA engaged JWS Research as an independent market research provider to conduct and analyse results of their annual stakeholder survey.

    Stakeholder
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  • ESOS Act and the return to compliance – frequently asked questions (FAQs)

    What does ‘return to compliance’ mean?

    In 2020, the Tertiary Education Quality and Standards Agency (TEQSA) and the Australian Skills Quality Authority (ASQA) announced regulatory flexibility for the mode of delivery to overseas students of Australian qualifications. This announcement was made in recognition of the significant impact of the COVID-19 pandemic, including domestic lockdowns and international border closures. The flexibility allowed impacted overseas students, including those studying English language intensive courses, to continue their studies fully online.

    With international borders re-opening and overseas students once again able to travel to Australia for study, TEQSA and ASQA reviewed these arrangements. On 19 October 2022, TEQSA and ASQA announced that providers are expected to return to full compliance with the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) and the ELICOS Standards 2018 by 30 June 2023, where it is safe and practical to do so.

    This means that after 30 June 2023, registered providers must not deliver more than one-third of the units in a course for overseas students by online or distance learning (Standard 8.19 of the National Code) and must ensure that overseas students study at least one unit that is not by distance or online learning in each study period (Standard 8.20 of the National Code), with the exception of the last unit of their course.

    For ELICOS providers, ELICOS courses must return to a minimum of 20 hours face-to-face scheduled course contact per week (Standard P1.1 of the ELICOS Standards 2018).

    How should providers return to compliance?

    Noting that TEQSA announced its expectations in October 2022, we expect that all providers delivering courses under the ESOS Legislative Framework will have already commenced detailed planning for a return to compliance by 30 June 2023.

    TEQSA’s primary interest is seeing providers demonstrate good practice surrounding governance and decision-making in any changes that occur. TEQSA expects providers to make their own assessments of risk and demonstrate effective self-assurance in planning and implementing a return to compliance. Specifically, TEQSA expects providers to:

    • develop transition plans that identify, assess, and monitor risks for impacted student cohorts
    • engage in robust self-assurance processes, accountable to academic and corporate governing bodies, to ensure these plans are appropriate, rigorous, transparent, fair and will achieve a return to compliance by 30 June 2023
    • ensure that planning, decision-making and communication to students associated with the return to compliance is recorded and auditable by TEQSA

    Providers should expect that TEQSA may request information about their return to compliance, including transition plans, records relating to decision-making and communication with students. This may occur as part of our routine regulatory assessments, or be based on concerns TEQSA has otherwise identified, including student complaints.

    What does ‘safe and practical’ mean?

    TEQSA expects providers to take a mature and considered approach in determining what is ‘safe and practical’ for different student cohorts and to support the safety of their students during this transition. These determinations need to be evidence-based, well-reasoned and auditable. Where relevant, these decisions must also be consistent with Section 2.3 (Wellbeing and Safety) of the Higher Education Standards Framework (2021).

    Matters of convenience to the student or the provider, and broader market imperatives for the provider, are not relevant to considerations of whether the return to compliance is ‘safe and practical’.

    What if we are unable to be fully compliant by 30 June 2023?

    If a provider identifies it will not be able to fully return to compliance by 30 June 2023, TEQSA expects the provider to submit a material change notification, setting out the reasons, management of the impacts to students, and specific plans and timelines for a return to compliance. This will then inform further discussions with TEQSA.

    TEQSA will determine an appropriate and risk-based regulatory response that takes into account the period during which regulatory flexibility applied, the particular circumstances of the provider, and the best interests of affected overseas students.

    Does the ‘return to compliance’ apply to overseas students who have been studying fully online over the past couple of years?

    The ESOS Framework applies delivery of courses to overseas students who hold an Australian student visa. This includes courses delivered to overseas students who hold an Australian student visa but who are currently offshore.

    TEQSA expects providers to directly engage with these students to ensure they can make an informed decision about whether to transition to studying in Australia in compliance with the ESOS Framework, or to change their study status to ‘offshore’. TEQSA expects that providers will ensure their decisions in this respect are appropriately recorded in PRISMS. Providers should communicate with student visa holders about the possible implications for their student visa should they choose not to study onshore in Australia after 30 June 2023.

    Providers may continue to deliver courses online and offshore to students who do not hold an Australian student visa as the ESOS Framework does not apply to these courses.

    For some current students who will finish their degree in 2023 or 2024, a large proportion of their study will have been online. How can my provider be compliant for these cohorts?

    TEQSA’s expects that, from 30 June 2023, providers ensure the delivery of courses and study undertaken by overseas student complies with all requirements of the National Code and the ELICOS Standards. Accordingly, the National Code requirements must be met for any remaining period of a student’s enrolment after 30 June 2023.

    Some students are studying offshore and online and hold an Australian student visa, but do not want to travel to Australia. Can an exemption be applied for these students?

    TEQSA understands that some student visa holders studying offshore may no longer wish to travel to Australia to complete their studies and may change their enrolment status to offshore and online. TEQSA expects that providers will ensure its decisions in this respect are appropriately recorded in PRISMS. Providers should communicate with student visa holders about the possible implications for their student visa should they choose not to study in Australia after 30 June 2023.

    Some students studying offshore and online who hold an Australian student visa will have only one unit left to finish their degree by 30 June 2023. Is it practical to expect them to return to Australia?

    TEQSA notes the purpose of an Australian student visa is to study in Australia. Australian borders opened to student visa holders regardless of vaccination status in July 2022, and TEQSA announced the return to compliance in October 2022. Given this context, we expect providers to be continuing to encourage all overseas students holding student visas to begin (or resume) studying in Australia at the earliest opportunity.

    For some students who are part way through their course this may involve travelling to Australia earlier than June 2023. Some students may decide it is not practical to complete the remainder of their studies in Australia and may choose to transition their enrolment to complete the remainder of their studies online and offshore after June 2023. TEQSA expects that providers will ensure its decisions in this respect are appropriately recorded in PRISMS. TEQSA also expects providers to make reasonable, evidence-based and auditable decisions, and to provide clear advice to affected students. Providers should communicate with these students about the possible implications for their student visa should they choose not to study in Australia after 30 June 2023.

    TEQSA also notes the following exception in Standard 8.20 of the National Code.

    A registered provider must ensure that in each compulsory study period for a course, the overseas student is studying at least one unit that is not by distance or online learning, unless the student is completing the last unit of their course.

    Some students are unable to leave their home country. What should we do in this instance?

    TEQSA recognises that some students may be currently unable to leave their home country, or that the circumstances in a student’s home country may change after they enrol as an overseas student that prevents them from travelling to Australia. Providers should engage with these students to determine the most appropriate course of action. This may include students choosing to defer their studies, or deciding to transition their enrolment status to study online and offshore. TEQSA expects that providers will ensure its decisions in this respect are appropriately recorded in PRISMS. TEQSA expects providers to make reasonable, evidence-based and auditable decisions and to provide clear advice to affected students.

    We have already begun our marketing campaigns and distributed materials. Can we have a grace period or an extension?

    TEQSA will not grant any extension to the due date for the return to compliance. TEQSA announced its expectations on 19 October 2022, affording providers more than eight months to prepare and plan for a return to compliance by 30 June 2023. We note also that Australian borders have been open to student visa holders regardless of their vaccination status since July 2022.

    TEQSA expects providers to set clear expectations for all current and prospective students. Providers are responsible for ensuring any marketing materials or recruitment activities that reference the arrangements afforded by TEQSA’s regulatory flexibility clearly stipulate that these are temporary and will shortly cease. Any references to overseas students’ ability to study offshore and obtain post-study work rights must stipulate that these arrangements are temporary and will cease on 30 June 2023.

    My institution’s business model changed during the pandemic to incorporate online delivery. Can regulatory flexibility continue?

    TEQSA’s approach reflects the current provisions set out in the ESOS Framework and ELICOS Standards.

    TEQSA understands that the Department of Education is contemplating recommendations to government on regulatory reform in relation to the definition of modes of delivery, and restrictions on online and distance learning under the National Code and ELICOS Standards 2018.

    TEQSA will work closely with the Department to understand the impact any amendments may have on its regulatory approach once those changes are proposed and a timeframe for implementation is set out. However, it is still expected that providers return to compliance by 30 June 2023.

    Are students flying from China, Hong Kong and Macau still required to show evidence of a negative pre-departure test for COVID-19?

    Australia’s pre-departure COVID-19 testing requirements for passengers arriving from China, Hong Kong and Macau ceased to apply on 11 March 2023.

    I’m a student and have a problem returning to face-to-face study. What should I do?

    If you have a problem returning to face-to-face study, your first step should be to contact your provider to discuss your options. If you are not satisfied with your provider’s response, you should then refer to your provider’s complaints and appeals process to address the matter further.

    Please note, TEQSA cannot provide advice about, or grant exceptions to, any visa requirements. If you are uncertain about how a particular study arrangement may affect your visa, please contact the Department of Home Affairs or submit an Australian Immigration Enquiry Form for advice.

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  • Guide for CRICOS providers undertaking an independent external audit

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    Purpose

    This guide sets out TEQSA’s expectations for the independent external audit (external audit) process for providers with self-accrediting authority (SAA) applying to renew their CRICOS registration.

    Standard 11.4 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) requires providers with SAA to undertake an external audit no more than 18 months prior to applying to renew their CRICOS registration. The purpose of this guide is to support providers in meeting this requirement, provide advice on best practice for this process, and highlight commons issues TEQSA has observed in this area.

    External audit report

    The results of the external audit should be outlined in a report (audit report) that includes the findings, conclusions, and recommendations of the auditors. The audit report informs TEQSA’s assessment of the application for re-registration.

    The report should:

    • outline the scope of the audit, specifying what the audit will include and exclude
    • outline the methodologies of the audit (such as policies and internal reviews, interviews of staff, verifying student files) and provide a rationale explaining why the methodology is fit-for-purpose
    • identify the policies, procedures and processes used by the provider to manage compliance with the Education Services for Overseas Students Act 2000 (ESOS Act) and National Code
    • assess the provider’s implementation of its policies, procedures, and processes against the requirements of the ESOS Act and National Code
    • detail areas of non-compliance, risks of non-compliance, and the risks that arise from these areas of non-compliance.

    When applying for renewal of CRICOS registration, providers should include an action plan, detailing the actions required to address any areas of non-compliance identified by the external audit, who is responsible for these actions and when they will be completed.

    TEQSA recognises that providers may not always have completed all elements of their action plan prior to applying to TEQSA for re-registration. However, TEQSA expects providers to submit evidence of their capacity, resources, and approach to implementing the action plan within a reasonable time frame.

    The audit report also offers an opportunity for providers to gain a better understanding of their regulatory obligations and to improve their internal quality assurance processes. Furthermore, the audit report and the provider’s response to the findings in the report should enhance the quality of education and overall experience for overseas students at that institution.

    Identified issues

    In the past, not all audit reports submitted to TEQSA have provided us with sufficient clarity to determine whether a provider is compliant with the requirements of the National Code. This can result from deficiencies in the external audit process or the report itself where:

    • the scope of the external audit is not clearly outlined or is not sufficiently broad to demonstrate compliance with all requirements of the National Code
    • the methodology of the external audit is not clearly explained to show how findings were made
    • findings of compliance are made without reference to evidence
    • findings of compliance are made without explaining how the evidence demonstrates compliance
    • findings of compliance are made on the basis that a policy or procedure exists, without assessing whether it is fit-for-purpose and meets the requirements of all applicable National Code Standards
    • responsibilities for key remedial actions are not clearly specified.

    An audit report with one or more of these issues may result in TEQSA being unable to be satisfied that all standards have been met. In these circumstances TEQSA will request further evidence from the provider.

    What TEQSA will look for

    TEQSA’s ability to efficiently assess a provider’s application for renewal of CRICOS registration is greatly assisted by a high-quality audit report. A high-quality report will include the following key information:

    • the policies, procedures, processes and supporting documentation that the auditor has considered
    • the basis for which the policies, procedures, processes and supporting documentation were selected as representative of the state of compliance with each Standard
    • the types of evidence, including samples, assessed
    • the findings of non-compliance or risks of non-compliance and how the provider’s action plan will fully address these risks.

    When reviewing an audit report, TEQSA assesses the provider’s compliance with each of the 11 Standards of the National Code. The table at Figure 1 outlines, for each of the Standards, the key considerations and evidence that TEQSA recommends should be considered by the auditor to inform their assessment.

    TEQSA considers Standards 2, 3, 4, 6, and 8 as critical to ensuring the quality of education delivered to overseas students. As such, TEQSA recommends that the external audit closely review these Standards and their associated risks to ensure each is fully satisfied.

    TEQSA welcomes the diversity of educational delivery across the sector and recognises that the requirements of the ESOS Act and National Code can be met in different ways according to the circumstances of the provider. TEQSA’s approach is to ensure that the requirements of the ESOS Act and National Code are met, not to prescribe how they are met. If you are preparing an application for re-registration and are unsure about the forms of evidence to include, please contact the ESOS/CRICOS team at cricos@teqsa.gov.au.

    Figure 1 – Key considerations and evidence for external audit

    Key considerations

    Key evidence

    Standard 1

    Marketing and recruitment policies, procedures, and processes that ensure the accuracy of:

    • recruitment and marketing communications including social media,
    • information about onshore third-party providers
    • international student transfers
    • the publishing requirements for CRICOS registered name and registration number.

    Marketing materials, including:

    • website links
    • course guides
    • promotional flyers
    • campus specific prospectuses
    • social media sites including Facebook, Instagram, You Tube and LinkedIn
    • onshore third-party provider/s materials.

    Standard 2

    Information about:

    • admissions requirements
    • enrolment deferral, suspension, and cancellation
    • refunds
    • credit transfer, advanced standing, and articulation arrangements
    • Recognition of Prior Learning (RPL)
    • records management
    • work-integrated learning component, if applicable
    • welfare arrangements for younger overseas students, if applicable.

    Additional supporting documentation may include:

    • application forms
    • information for tuition fees and non-tuition fee charges
    • processes for recording course credit on PRISMS and issuing CoEs with reduced course duration.

    Marketing materials, including:

    • course-specific brochures
    • international student handbooks
    • course information on the provider’s website.

    Sample of a valid number of student files to assess the consistent application of guidelines for:

    • admissions, including English language pre-requisites
    • credit transfer and RPL
    • cohort tracking of student outcomes
    • evidence of credit transfer and/or RPL precedent registers or database.

     

    Standard 3

    Documents such as:

    • current letter of offer template
    • policy and procedure relating to offer acceptance for under 18 students, if applicable
    • refund policy
    • complaints and appeals policy.

    Sample of a valid number of student files, including under 18s if applicable, to assess:

    • the letters contain the requisite information
    • refund policy matches conditions in letter of offer and reflect ESOS Act student and provider default provisions

    Standard 4

    Documents that demonstrate compliance with the agent recruitment and management process, including:

    • agent recruitment and management policy
    • agent agreement template
    • agent application forms,
    • training and induction
    • agent updates and meeting notes
    • reports on performance indicators, such as enrolled students and success
    • reports on corrective actions
    • Board and Committee minutes and relevant agenda items on agent performance
    • agent list on the provider’s webpage and PRISMS agent list.
    • Sample recruitment applications and appointments
    • Sample agent periodical review reports – including evidence that the provider took corrective action and/or terminated
    • reports to Boards and Committees on agent management
    • sample PRISMS reports with agent performance data, including the number and proportion of visa refusals per agent.

    Standard 5

    Policies, procedures, and processes relating to under 18 student admissions, provider transfers, managing welfare arrangements for younger overseas students, working with children checks and/or other regulatory requirements relating to child welfare and protection:

    • homestay agreements, policies, and processes for selecting, screening, and monitoring
    • communication materials and resources
    • age-appropriate orientation
    • critical incident policy and procedures; provisions specific to under 18 students.

    Sample of a valid number of under 18 student files:

    • letter of offer
    • parent or guardian consent
    • Confirmation of Appropriate Accommodation and Welfare (CAAW) arrangements
    • evidence that the Working with Children legislative requirements were met by provider staff, homestay hosts, as well as continued monitoring by the homestay provider and provider
    • evidence of six-monthly reviews of homestay arrangements and follow up action if issues have been identified
    • critical incident reports and register.

    Standard 6

    Policy, procedures, processes, and information relating to student academic and non-academic support, managing student critical incidents and emergencies, ESOS training:

    • orientation program, including slides, PowerPoint or Word document
    • student handbooks and website information relating to pre-arrival information, health and well-being, counselling services, academic support, advocacy, complaints, facilities, accommodation, legal services, course progress requirements and international students’ study expectations, adjusting to living in Australia, safety, working in Australia and employment rights and emergency contact details for assistance
    • critical incident policy and procedure
    • HR recruitment or training policies, ESOS training and/or induction manuals and examples of training undertaken.
    • internal reviews of student support services; uptake, experience
    • critical incident reports and register
    • samples of position descriptions or induction or training.

     

     

    Standard 7

    Policy, procedures, and processes for overseas students transferring to and from the provider (including for under 18 students):

    • international student transfer policy and procedure
    • release letter templates, both for granting, refusing, and accepting a release
    • process for complaints and appeals when a student is not granted a letter of release.
    • Sample of a valid number of student files to verify application of policy and procedure
    • PRISMS report on students who have transferred between providers.

    Standard 8

    Policy, procedures, and processes for course progression and monitoring academic progress and attendance, if applicable, managing students at risk, course rules and enrolment period extensions:

    • course progression policy and procedure
    • monitoring attendance policy and procedure
    • processes to extend course duration,
    • letter templates and examples, of warning/show cause letters for unsatisfactory course progress and attendance, if applicable.
    • Sample a valid number of student files to demonstrate course progression and attendance monitoring policy and procedures and the application of the CoE extension process
    • Course progress review meeting minutes or committee meeting agendas and minutes
    • PRISMS Student Course Variation (SCV) reports.

    Standard 9

    Policy, procedures and processes for deferrals, leave of absence, or provider-initiated suspensions and cancellations:

    • change of enrolment policies and procedures
    • letter templates and examples of correspondence
    • process for reporting a SCV change to PRISMS.
    • Sample a valid number of student files for students relating to deferrals and leave of absence, or provider-initiated suspension or cancellation.
    • PRISMS report on students who have deferred, been suspended, or had their enrolments cancelled
    • PRISMS Student Course Variation (SCV) reports.

    Standard 10

    Policy, procedures and processes for complaints and appeals

    • complaints and appeals policy and procedure
    • information on how to lodge a complaint, as well as appeal avenues, both internal and external and links to the relevant policy and procedures
    • relevant committee meeting agendas and reports on complaints and/or appeals
    • letter templates and examples of correspondence used to advise students of outcomes of complaints and appeals.
    • Sample valid number of student files involved in a complaint, internal and external appeal.
    • Complaints and appeals register that record outcomes.

    Standard 11

    Policy and procedures to govern course design and delivery in alignment with requirements relating to third-party provider arrangements (TPA), mode of study, including limitations on online and work-based learning, course duration, full-time study load and the management of student capacity:

    • TPA service agreements
    • course design and delivery guidelines
    • Academic Board Committee agendas and minutes for consistent delivery of accredited courses by third-party providers including the provision of suitable resources and facilities
    • process for assessing and monitoring the maximum number of overseas students at each location.
    • reports on periodic internal reviews of third-party providers.

    Document history

    Version #

    Date

    Key changes

    1.0

    		 14 October 2022

     
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  • ESOS return to compliance FAQs

    TEQSA has published a range of frequently asked questions regarding the sector’s return to compliance by 30 June 2023.

    All providers are encouraged to review this information about their obligations under the National Code of Practice for Providers of Education and Training to Overseas Students 2018 and the ELICOS Standards 2018.

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  • TEQSA Conference 2022

    The Sixth Annual TEQSA Conference was held on 23–24 November 2022 at the Sofitel Melbourne on Collins and online.

    The theme was Fit for the Future: Leadership, Quality, Integrity.

    Conference videos

    Videos of the sessions are available on our YouTube channel.

    Conference presentation slides

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  • TEQSA named in Universities Accord reference group

    The Hon Jason Clare MP, Minister for Education, has announced TEQSA as a member of the Universities Accord Ministerial Reference Group.

    The group, chaired by Minister Clare, includes representatives of higher education institutions, business, staff, students and other experts.

    The Universities Accord is the first review of Australia's higher education system in over 12 years, and is an opportunity to review the sector's funding and access, affordability, transparency, regulation, employment conditions and how higher education and vocational education and training can work together.

    The Universities Accord Panel is led by Professor Mary O'Kane AO.

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  • TEQSA provider portal security update

    TEQSA has strengthened its level of protection in the provider portal to protect users against digital data attacks.

    The agency implemented the security enhancements in light of the heightened threat environment globally, and in response to specific advice received from the Australian Cyber Security Centre about data breaches. 

    This means next time you need to access the provider portal, you will need to send an email to crm@teqsa.gov.au requesting access.

    TEQSA takes data security seriously. We thank all portal users for their patience to support this system upgrade to keep our cyber security levels high.

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  • New guidance note published

    As part of our continuing work to enhance the quality of TEQSA’s guidance notes, we’ve published a guidance note on Research Requirements for Australian Universities.

    The new guidance note outlines TEQSA’s approach to assessing research quality and quantity when registering Australian Universities.

    TEQSA released a draft version of this guidance note in July 2022 for consultation, and the published version incorporates feedback from the sector.

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