Renewal of registration and renewals of accreditation

Report on the application for renewal of registration of Australian Academy of Music and Performing Arts

TEQSA has agreed to orders made by the Administrative Appeals Tribunal (AAT) under which the registration of Australian Academy of Music and Performing Arts (AMPA), trading as Academy of Music and Performing Arts as a higher education provider will be renewed until 31 December 2020 under subsection 36(1) of the Tertiary Education Quality and Standards Agency Act 2011 (the TEQSA Act) in the provider category of 'Higher Education Provider'.

These orders also involve the imposition of conditions on the registration of AMPA under subsection 32(1) of the TEQSA Act. A copy of the conditions is available at Attachment 1.

TEQSA has also agreed to orders made by the AAT under which the accreditation of the following courses of study offered by AMPA is renewed until 31 December 2020 under subsection 56(1) of the TEQSA Act:

• Bachelor of Music (Performance)
• Associate Degree of Music (Performance)

Background to Decision

AMPA applied to TEQSA for registration in the category of Higher Education Provider under Part 3 of the TEQSA Act.

TEQSA considered AMPA's application and sent AMPA a draft summary of findings with details of the assessment of AMPA's application by the responsible case management team. TEQSA's Commission considered AMPA's response to the draft summary of findings and made a decision on 13 May 2016 not to grant AMPA's application for registration and for the renewal of accreditation of two courses of study, on the basis that the TEQSA Commission was not satisfied that AMPA met the Threshold Standards.

TEQSA's reasons for not granting AMPA's application included, but were not confined to, TEQSA's lack of satisfaction that AMPA continued to meet:

• Provider Registration Standards (PRS) 1.5 and 1.6 in relation to provider standing
• PRS 3.2, 3.4, 3.6 and 3.8, in relation to corporate and academic governance
• PRS 5.1, 5.2 and 5.3, Provider Course Accreditation Standards (PCAS) 4.1 and 4.2 and Provider Category Standards (PCS) 1.4, in relation to staffing
• PRS 6.1, 6.2, 6.3, 6.4 and 6.5, in relation to grievance procedures and the provision of information and support to students
• PCAS 1.1, 1.3, 1.7 and 6.1, in relation to design and review of the courses
• PCAS 3.1 and 3.2, in relation to admission processes for the courses
• PCAS 5.1, 5.2, 5.3, 5.4, 5.5 and 5.6, in relation to assessment in the courses and student performance.

AMPA applied for review of TEQSA's decision in the AAT. In the course of the proceedings, AMPA made submissions and provided further information and evidence about the matters raised in TEQSA's decisions.

TEQSA engaged external experts to review the further material.

It is well established that absent a specific legislative provision to the contrary, the AAT is generally required to make a decision on review based on the evidence available at the time of the AAT's decision on review, and that the AAT is not confined to the evidence available at the time of the primary decision. Accordingly, TEQSA accepted that the AAT was required to take account of the further material submitted to TEQSA after TEQSA had not granted AMPA's application.

Main Reasons for Decision

After reviewing the further material submitted by AMPA and participating in mediation with AMPA, TEQSA was satisfied that AMPA meets the Threshold Standards. However TEQSA considered that there remained risks related to AMPA's capacity to meet the Threshold Standards in the future. On this basis, TEQSA agreed that it was appropriate to substitute TEQSA's initial decision to not grant the application with decisions to register AMPA until 31 December 2020 and to impose a number of conditions on that registration.

The conditions are designed to address risks against the same Provider Registration Standards, Provider Category Standards, and Provider Course Accreditation Standards listed above in relation to TEQSA's reasons for initially deciding not to grant AMPA's application for renewal of registration. In particular, the conditions are designed to address the risk that changes to AMPA's structure and operations agreed by AMPA and TEQSA might not be fully implemented.

TEQSA is satisfied that the conditions will provide a framework for TEQSA to oversee the key risks associated with AMPA's corporate and academic governance arrangements and the quality assurance of its higher education operations.

Attachment 1

Conditions imposed on the registration of AMPA:

Condition 1:

AMPA is required to provide TEQSA with minutes of each meeting of AMPA's Corporate Board and Academic Board, within 21 days after the day on which the relevant meeting occurs, which demonstrate a process consistent with the TEQSA Guidance Notes for the relevant bodies on the matters which were the subject of discussion, and which specify the extent to which the discussion took account of external advice or input; the minutes must be endorsed by the Chair of each body with a certification by the Chair that the governance of AMPA has occurred in a manner consistent with the following:

a) each member of Australian Academy of Music and Performing Arts (ACN 085 028 351) will execute an authority that the Corporate Board can operate independently at all times and will undertake not to take any action or make any decision that would compromise or potentially compromise the independence of the Corporate Board

Condition 2:

AMPA is required to provide a report to TEQSA on AMPA's implementation of its revised admissions process within 6 months after the date of the decision

Condition 3:

AMPA is required to provide TEQSA with a report, no later than four weeks prior to the commencement of each teaching period in AMPA's courses, which describes the units to be taught by each staff member (including casual and part-time staff), the relevant qualifications or professional experience of the staff member in relation to those units and the scholarly activities undertaken by the staff member in the preceding six months

Condition 4:

by 26 May 2017, AMPA is required to provide TEQSA with a report on the activities undertaken by those individuals engaged to support AMPA's scholarship in the field of Dance

Condition 5:

AMPA is required to:

a) by 31 March 2017, provide TEQSA with a comprehensive diagnostic analysis of the probable causes for observed rates and trends for student attrition, progression and minimum time completion rates, for each accredited higher education course it offers and each year, for the period 2014 to 2016 inclusive; the analysis must include accurate data on student attrition, completion, progression and grade distribution rates and include analysis by:

i) entry path (comparing students admitted under each entry pathway)

ii) credit awarded (comparing students admitted with no credit awarded with students admitted with credit for up to a third of the course and between a third and two thirds of the course)

iii) basis for assessment of the student's English language proficiency

iv) country of origin

v) referral to and uptake of student support (including participation in formal study support programs)

vi) student achievement in similar courses at other higher education providers

b) develop and provide to TEQSA by 31 May 2017, a detailed strategy, having regard to the comprehensive diagnostic analysis required under paragraph (1) above, which:

i) includes specific targets for improvement of student attrition, completion and progression rates for each course and each year over the forward registration period

ii) gives consideration to admission practices and standards, study load of students, the identification of students at risk of not progressing academically and the adequacy and effectiveness of student support

iii) has been considered and approved by the Applicant's Corporate Board and Academic Board

c) revise the targets determined in accordance with paragraph (b) above if and as directed by TEQSA

d) demonstrate improvement, with reference to the targets to be established under paragraphs (b) and (c), overall and for each accredited higher education course of study, through annually reporting to TEQSA on these rates by 28 February each year (for the rates in the previous year) throughout the period of registration, with these reports to commence on 28 February 2018; the reports must be considered and approved by AMPA's Corporate Board and Academic Board and be accompanied by evidence of this approval

Condition 6:

AMPA is required to provide TEQSA with reports on the moderation and benchmarking activities, including benchmarking of student performance data, undertaken by the Applicant in the preceding 12 month period; AMPA must provide its first report by 31 May 2017 and a report by 28 February in each subsequent year.

Renewal of registration

Report on renewal of registration of UOWC

TEQSA has renewed the registration as a higher education provider, under Section 36(1) of the TEQSA Act, of UOWC for a period of seven years to 27 April 2023 in the provider category of Higher Education Provider.

TEQSA has, under subsection 32(1) of the TEQSA Act, imposed two Conditions on the registration of UOWC as a higher education provider.

Under Subsection 32(11) of the TEQSA Act, the following conditions on the registration of UOWC Ltd will be imposed:

Condition 1:

Within three months of notification of TEQSA's decision, UOWC Ltd must provide TEQSA with a procedure for monitoring the performance of students by cohort, which must include the following:

• mechanisms to collect and report on student attrition, student progress, course completions and grade distributions data, and to analyse that data by reference to:
  
  • entry path (comparing students admitted under each entry pathway);
  • credit awarded (comparing students admitted with no credit awarded with students admitted with credit for up to a third of the course and between a third and two thirds of the course);
  • study mode (comparing students who take less than a full-time study load, exactly a full-time study load and greater than a full-time study load,);
  • location of study;
  • whether students are domestic or international students;
  • referral to and uptake of student support (including participation in formal study support programs); and
• benchmarking of student achievement with similar courses at other higher education providers.
• evidence of an annual cycle of review by UOWD Ltd's Board and Academic Board, including any actions taken.

Condition 2:

By 27 April in each year, UOWC Ltd must provide TEQSA with a report setting out UOWC Ltd's analysis of the probable causes for rates and trends of student attrition, progression and completion rates for each accredited higher education course it offers by reference to the matters in condition 1, including a strategy with specific targets for the improvement of those rates and trends.

Main Reasons for Decision

As part of the renewal of registration process, TEQSA has assessed the application submitted by UOWC against the Threshold Standards. The scope of the assessment included all its Australian sites.

TEQSA considers that the decision to apply conditions to UOWC registration is consistent with the basic principles for regulation in Part 2 of the TEQSA Act, as UOWC is at risk of not complying with a number of the Threshold Standards.

The broad issues which relate to the UOWC registration include:

• complex governance arrangements and processes to maintain and quality assure academic standards and academic integrity, and a Strategic Plan that guides decision-making and future directions
• limited strategies to monitor and mitigate potential risks, such as no direct strategies to address high attrition rates and low progress rates
• inadequate systematic monitoring, review and improvement mechanisms which include measurable targets monitored through internal and external benchmarking of performance outcomes
• effective grievance processes and a range of strategies and resources to support students at all its locations
• effective operational strategies to ensure appropriately qualified personnel manage and provide academic leadership, and
• strategies in place to ensure correct reporting procedures for assessing data.

TEQSA's 2016 Risk Assessment noted that risk to students with regards to attrition rates and progress rates has remained moderate to high between 2014-2016.

Renewal of registration and accreditation

Report on renewal of registration and accreditation of JMC Pty Limited

TEQSA has renewed the registration as a higher education provider, under Section 36(1) of the Tertiary Education Quality and Standards Act 2011 (TEQSA Act), of JMC Pty Limited (JMC) until 31 December 2019 in the provider category of Higher Education Provider.

TEQSA has, under subsection 32(1) of the TEQSA Act, imposed two conditions on the registration of JMC as a higher education provider.

Condition 1:

JMC to report annually on 31 January until further notice on implementation of the Action Plan developed in response to TEQSA's summary of findings. The report must provide documentary evidence of action taken and consideration by the governing body and Academic Board, including:

• Risk Framework including both academic and non-academic risk areas (the framework itself to be submitted by 31 January 2017)
• New Strategic Plan (the plan itself to be submitted by 31 January 2017)
• New Learning and Teaching Plan (the plan itself to be submitted by 31 January 2017)
• Self-Review of the Academic Board
• Academic Policies and Procedures
• Improved processes for monitoring, review and improvement, including across campuses
  
  • student performance data such as attrition, progression and completion rates, by entry pathway, mode of study and place of study
• Professional development and scholarship activities of all staff (the policies and procedures to be submitted by 31 January 2017)
• JMC Benchmarking Framework
• Workforce profile, including reports for each campus on the number of staff employed, position, qualification level relative to the course taught.

Condition 2:

JMC to submit its policy register which contains the status, origin date, last review date, next review date, and date of approval of all policies and procedures (academic and non-academic) by 31 January 2017, and evidence of ongoing implementation each year on 31 January until further notice.

TEQSA has also renewed the accreditation, under section 56 of the TEQSA Act, of the following higher education courses of study offered by JMC until 31 December 2019:

• Bachelor of Creative Technology (Audio Engineering and Sound Production)
• Associate Degree of Audio Engineering and Sound Production
• Diploma of Audio Engineering and Sound Production.

TEQSA has, under subsection 53(1) of the TEQSA Act, imposed three conditions on the accreditation of the above courses of study.

Condition 1:

By 31 January 2017, JMC must complete its planned review of the courses including a thorough review against AQF level 5, 6 and 7 requirements, by a committee including at least two independent experts in the field of education, with the particular academics to be approved by TEQSA. The review must include consideration of the TEQSA external expert report, TEQSA draft summary of findings, and include the revised unit outlines and a summary of the changes made to the versions of units submitted to TEQSA in April 2015.

Condition 2:

JMC to submit approved policies/procedures relating to the admission criteria for the courses, covering standard admission requirements, special admission (mature age and other), and English language requirements as per Provider Course Accreditation Standards Section 3 by 31 January 2017.

Condition 3:

JMC to report on admission decisions by education qualification, other criteria, or non-academic criteria for all courses over the last 2 years by 31 January 2017.

Main Reasons for Decision

As part of the renewal of registration and accreditation process, TEQSA has assessed the applications submitted by JMC against the Threshold Standards. The scope of the assessment included all its Australian sites.

TEQSA found that JMC meets the Threshold Standards overall, and that many elements of the required governance and policy frameworks are in place. JMC has reinforced its capability to further review and develop these frameworks and to ensure they are implemented consistently.

TEQSA considers that the decision to apply conditions to JMC's registration and accreditation is consistent with the basic principles for regulation in Part 2 of the TEQSA Act, as JMC is at risk of not complying with a number of the Threshold Standards.

• The broad issues which relate to JMC's registration include risks relating to:

  a) the corporate governing body effectively monitoring, developing and implementing mitigating strategies to address identified critical risks

  b) the corporate governing body approving a current strategic plan that guides management decision making and through which actual performance and outcomes are measured against key performance indicators

  c) corporate and academic governance arrangements effectively quality assuring its higher education operations through systematic monitoring, review and improvement, and maintaining academic standards

  d) human resources being managed to ensure effective professional development of its personnel and that academic staff are active in scholarship that informs their teaching

  e) use of benchmarking and feedback to improve its higher education operations

  f) maintaining appropriately qualified personnel to manage and provide academic leadership for its higher education operations

  g) effective development, implementation and review of all policies and procedures.

• The broad issues which relate to JMC's course accreditations include risks relating to:

  a) ensuring compliance of unit and course learning outcomes to the Qualification Standards

  b) providing appropriate engagement by students in intellectual inquiry consistent with the nature and level of all units being taught and the expected learning outcomes

  c) admissions criteria ensuring that students have adequate prior knowledge and skills to undertake the courses of study successfully.

Renewal of registration

Report on renewal of registration of Kaplan Higher Education Pty Ltd

TEQSA has determined, under subsection 36(1) of the TEQSA Act, that registration of Kaplan Higher Education Pty Ltd as a higher education provider be renewed for a period of seven years to 10 October 2020 in the provider category of 'Higher Education Provider'.

Background to Decision

Kaplan Higher Education Pty Ltd submitted an application for renewal of registration in the category of 'Higher Education Provider' under Section 35 of the Tertiary Education Quality and Standards Agency Act 2011 (the TEQSA Act). Subsection 36(4) of the TEQSA Act enables TEQSA to renew a provider's registration for a period not exceeding seven years.

Main Reasons for Decision

As part of the renewal of registration process, TEQSA has assessed the application submitted by Kaplan Higher Education Pty Ltd against the Threshold Standards. The scope of the assessment included all its Australian sites.

Kaplan Higher Education Pty Ltd has demonstrated to TEQSA that it continues to meet the Threshold Standards.

Renewal of registration

Report on renewal of registration of Macleay College Pty Limited

TEQSA has renewed the registration as a higher education provider, under Section 36(1) of the TEQSA Act, of Macleay College Pty Limited for a period of four years to 16 March 2021 in the provider category of 'Higher Education Provider'.

TEQSA has, under subsection 32(1) of the TEQSA Act, imposed two conditions on the registration of Macleay College Pty Limited as a higher education provider.

Condition 1:

In a report to TEQSA by 31 March 2017, and each year thereafter, Macleay must provide evidence that its academic staff are active in scholarship that informs their teaching.

Condition 2:

In the event of a breach of the loan agreement between Macleay and National Australian Bank, which gives rise to action by National Australia Bank, within 2 business days Macleay must notify TEQSA of any financial impact on the college.

Main Reasons for Decision

As part of the renewal of registration process, TEQSA has assessed the application submitted by Macleay College Pty Limited against the Threshold Standards. The scope of the assessment included all its Australian sites.

TEQSA considers that the decision to apply conditions to Macleay College Pty Limited registration is consistent with the basic principles for regulation in Part 2 of the TEQSA Act, as Macleay College Pty Limited is at risk of not complying with a number of the Threshold Standards.

• The broad issues which relate to the Macleay College Pty Limited registration include:

  a) The risk that Macleay may not meet the Threshold Standards going forward if financial targets are not met and it is not in a position to continue to invest in building up academic staff numbers in proportion to increases in student numbers.

  b) The risk that deficiencies in data reporting, if not corrected, may obscure the extent to which it continues to comply with the Threshold Standards relating to staffing and student outcomes.

  c) While the framework for development of scholarship has been designed well, it is not clear yet the extent to which it can be implemented consistently over a number of years.

Renewal of registration

Report on renewal of registration of Macleay College Pty Limited

TEQSA has determined, under section 36(1) of the TEQSA Act, that registration of Macleay College Pty Limited (Macleay College) as a higher education provider is renewed for a period of two years until 15 May 2016 in the provider category of higher education provider.

Under subsection 32(2) of the TEQSA Act, TEQSA has imposed the following conditions on the registration of Macleay:

By 15 November 2015, at the time of its application for renewal of registration, Macleay College:

1. Provides TEQSA with a report covering the previous 12-month period which includes:
   
   1. The College's framework for scholarship together with details of professional development and scholarly activities undertaken by all academic staff (to include scholarship on teaching and learning as well as disciplinary scholarship) and evidence of the Academic Board's consideration of these activities.
   2. The benchmarking activities undertaken by the College and their consideration by the Academic Board.
2. Provide evidence, including the minutes of meetings of the Board of Directors and any relevant committees, covering the previous 12-month period that the corporate governing body accesses and uses a full range of expertise required for the effective governance of a higher education provider.

Background to Decision

Macleay College Pty Limited submitted an application for renewal of registration in the category of higher education provider under section 35 of the Tertiary Education Quality and Standards Agency Act 2011 (the TEQSA Act). Subsection 36(4) of the TEQSA Act enables TEQSA to renew a provider's registration for a period not exceeding seven years.

Main Reasons for Decision

As part of the renewal of registration process, TEQSA assessed the application submitted by Macleay College Pty Limited against the Threshold Standards. The scope of the assessment included all its Australian sites.

TEQSA decided to renew the registration of Macleay College for a period of two year to ensure the College addressed TEQSA's concerns about certain issues relating to corporate governance and management, academic leadership, scholarship, professional development, and benchmarking.

The conditions have been imposed to satisfy TEQSA that the issues identified have been resolved by appropriate actions to demonstrate compliance.

The conditions have been imposed on the basis that TEQSA considers that there is a risk that Macleay College may not meet the following Provider Registration Standards (PRS) and Provider Category Standards (PCS):

a) PRS 3.2. TEQSA is concerned that Macleay College's corporate governance arrangements and processes may not access and use the full range of expertise required for effective governance, including higher education expertise and independent financial advice.

b) PRS 5.1 and 5.3 and PCS 1.3 and 1.4. TEQSA considered that the evidence provided did not demonstrate a systematic approach to academic leadership, scholarship and the implementation of professional development for teaching staff.

c) PRS 5.6 in relation to Macleay College's benchmarking arrangements. While it does not yet have an established comprehensive, systematic approach to benchmarking, TEQSA notes that Macleay College is taking steps to compare its performance with other higher education providers.

TEQSA considers that the risks of non-compliance with the Threshold Standards above, if not addressed, may ultimately affect Macleay College's capacity to manage and deliver its higher education awards at a level of quality expected under the Threshold Standards.

TEQSA considers that the decisions to renew the registration for two years and to impose conditions on Macleay College's registration are consistent with the basic principles for regulation in Part 2 of the TEQSA Act.

Renewal of registration

Report on renewal of registration of Macquarie University

TEQSA has renewed the registration as a higher education provider, under Section 36(1) of the TEQSA Act, of Macquarie University for a period of seven years to 17 March 2023 in the provider category of 'Australian University.'

Main reasons for decision

TEQSA has assessed the application submitted by Macquarie University against the Threshold Standards. The scope of the assessment included all its Australian sites.

Macquarie University has demonstrated to TEQSA that it continues to meet the Threshold Standards. In particular it has:

• well-structured and effective academic and corporate governance arrangements and internal processes to quality assure and maintain academic standards and academic integrity together with a Strategic Plan that guides decision-making and future directions
• strategies to monitor potential risks and to mitigate risks that may eventuate
• systematic monitoring, review and improvement mechanisms which include measurable targets monitored through internal and external benchmarking of performance outcomes
• effective grievance processes and a range of strategies and resources to support students at all its locations.

Renewal of registration

Report on revocation of a condition on renewal of registration of Morling College Ltd

On 13 September 2016 TEQSA made a decision, under Section 32(2) of the TEQSA Act, to revoke condition 1 imposed on the registration of Morling College Ltd (refer to public report of 10 December 2016). The decision to revoke the condition was made on the basis that TEQSA was satisfied that the condition has been met.

Renewal of registration

Report on renewal of registration of Morling College Ltd

TEQSA has renewed the registration as a higher education provider, under Section 36(1) of the TEQSA Act, of Morling College Ltd to 28 November 2021 in the provider category of Higher Education Provider.

TEQSA has, under subsection 32(1) of the TEQSA Act, imposed two conditions on the registration of Morling College Ltd as a higher education provider.

Condition 1:

That Morling College provides to TEQSA by 31 March 2016: a detailed strategy which includes specific targets, for improvement in student outcomes data, specifically:

• student attrition
• completion rates and
• progression rates

and giving consideration to:

• admission requirements
• student study load
• grade distribution
• students at risk
• adequacy and effectiveness of student support and
• benchmarking.

Condition 2:

That Morling College subsequently provides an annual report on 31 March 2017, 2018 and 2019. The report is to provide:

1. an analysis of improvements in student outcomes data against the targets established under condition 1.
2. an analysis of the probable causes for rates and trends in student outcomes data in each accredited higher education course Morling College offers, and courses offered at the third party entity and considers:
   
   • admission requirements for each cohort
   • mode of study
   • student study load
   • domestic or international students cohort breakdown
   • referral to and uptake of student support (including participation in formal study support programs) and
   • benchmarking of student achievement in similar courses at other higher education providers.

Main Reasons for Decision

As part of the renewal of registration process, TEQSA has assessed the application submitted by Morling College Ltd against the Threshold Standards. The scope of the assessment included the delivery site at Macquarie Park. TEQSA considers that the decision to apply conditions to Morling College Ltd's registration is consistent with the basic principles for regulation in Part 2 of the TEQSA Act, as Morling College Ltd is at risk of not complying with a number of the Threshold Standards.

The broad issues which relate to the Morling College Ltd's registration include:

• the need to demonstrate implementation of effective quality assurance encompassing systematic monitoring review and improvement particularly in relation to monitoring student attrition, progression and completion rates including in relation to all aspects of the third party arrangements in accordance with Provider Registration Standards 3.8 and 4.5.
• the need to demonstrate effective analysis, reporting and comparison of performance measures on teaching, student learning outcomes, and graduate outcomes to improve higher education operations arrangements in accordance with Provider Registration Standard 5.6.