• Register and information guidelines – consultation paper

    Body

    Register guidelines 

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

    Currently the Register Guidelines require TEQSA to include the name of each registered provider, as well as its ABN, business name(s) used for higher education operations, head office address, website address and titles of courses accredited by TEQSA.

    TEQSA proposed amendments

    TEQSA proposes to amend the Register Guidelines to include:

    • The name, position title, phone number and email address of the principal contact officer and the Chief Executive Officer for each registered higher education provider.
    • Where relevant, that a registered higher education provider in the ‘Australian University’ provider category has a specialised focus in accordance with the Threshold Standards.

    Including the details of each provider’s principal contact officer and the Chief Executive Officer, would assist TEQSA to maintain current and accurate contact information for each registered provider. This is because section 29 of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) requires providers to notify TEQSA of an event that will require the national register to be updated. The proposed change will provide clarity to providers in terms of the requirement to notify TEQSA when there are changes in specific roles. This change would also bring TEQSA in line with training.gov.au, the equivalent national register for the vocational education and training sector. 

    With the introduction of the new Provider Category Standards, the ‘Australian University of Specialisation’ category has been removed. The proposed new requirement to state that an Australian University has a specialised focus, where relevant, offers a mechanism to publicly record that there is a relevant specialisation.

    Information guidelines 

    Section 204 of the TEQSA Act allows TEQSA to make, by legislative instrument, Information Guidelines to give effect to the requirements of subsection 189.

    The Information Guidelines is a legislative instrument that sets out the Commonwealth authorities and the State or Territory authorities to which the Tertiary Education Quality and Standards Agency (TEQSA) may disclose higher education information under sections 189 and 194 of the TEQSA Act.

    TEQSA proposed amendments

    TEQSA proposes to include the following authorities in the Information Guidelines in Schedule A:
     

    Audit Authorities

    • Audit Office of New South Wales
    • Victorian Auditor-General’s Office
    • Queensland Audit Office
    • Office of the Auditor General (Western Australia)
    • Auditor-General’s Department (South Australia)
    • Northern Territory Auditor-General’s Office
    • Tasmanian Audit Office
    • Australian Capital Territory Audit Office
    • Australian National Audit Office

    Anti-Corruption Authorities

    • Independent Commission Against Corruption (New South Wales)
    • Independent Broad-Based Anti-Corruption Commission (Victoria)
    • Crime and Corruption Commission (Queensland)
    • Corruption and Crime Commission (Western Australia)
    • Independent Commissioner Against Corruption (South Australia)
    • Office of the Independent Commissioner Against Corruption (Northern Territory)
    • Integrity Commission Tasmania
    • Australian Capital Territory Integrity Commission

    The inclusion of these bodies will ensure that TEQSA is capable of sharing relevant information about matters involving registered higher education providers.

    Consultation process

    This paper is being made available on our website and has been sent directly to peak bodies for providers regulated by TEQSA under the TEQSA Act.

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

    Submissions close at 5:00pm [AEDST] on Friday 26 November 2021.

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

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

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  • Concerns and complaints about providers policy

    Body

    Updated on 12 October 2021

    Purpose

    This policy sets out the principles for how TEQSA manages concerns and complaints (collectively referred to as concerns) about regulated entities under TEQSA’s legislative framework.

    Scope

    This policy relates to concerns about registered higher education providers. It does not extend to complaints about TEQSA’s processes, staff or resources, or about TEQSA’s regulatory decisions. For information on these topics, refer to Complaints about TEQSA.

    Principles

    These principles are intended to ensure TEQSA applies a consistent, efficient and respectful approach to managing concerns to support TEQSA’s regulation of the Australian higher education sector.

    Principle 1: TEQSA’s role in receiving concerns

    1. TEQSA’s functions are established under section 134 of the Tertiary Education Quality and Standards Agency Act (TEQSA Act) and include “collecting, analysing, interpreting and disseminating information relating to higher education providers, regulated awards quality assurance practices and quality improvement, and the Higher Education Standards Framework.” 
    2. Concerns are an important source of intelligence to identify risks of non-compliance with a provider’s obligations under TEQSA’s legislative framework. 
    3. TEQSA is not a complaints resolution body and typically does not have a role in addressing individual complainants’ grievances. We prioritise broader, systemic issues and are unlikely to pursue matters that:
      1. are one-off, isolated events, unless the conduct involves wider implications for students, staff, or the quality, integrity or reputation of the higher education sector
      2. have not been considered through the provider’s complaints handling processes
      3. are solely for the purpose of obtaining redress for students or staff, unless there is clear evidence of deficiencies in the provider’s complaint handling processes.
    4. Anyone can raise a concern with TEQSA. Concerns should be submitted using the online form as the preferred method, however the method is not restricted.
    5. All providers are required to have complaints handling processes capable of resolving complaints. This includes providing access to an independent third-party review if needed. 
    6. TEQSA encourages individuals to consider raising concerns directly with the provider, where appropriate, using the provider’s complaints handling process. Doing so may result in a more timely and effective resolution with the provider. 

    Principle 2: Protection of information

    1. TEQSA accepts information from anonymous sources about higher education providers. TEQSA determines how to proceed in these circumstances based on the quality of the information available. TEQSA’s capacity to progress matters raised anonymously may be limited if further information is required.
    2. TEQSA handles the personal information1 of any individuals it collects in managing concerns in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and TEQSA’s Privacy Policy and Privacy Management Plan. 
    3. TEQSA will usually only disclose an individual’s personal information outside of TEQSA, for example to the higher education provider or another government agency, with the individual’s consent. TEQSA requests consent to disclose the personal information provided in the concern to the provider and/or to another government agency (where applicable) at the time the concern is submitted. This consent is voluntary. For more information about how TEQSA collects, uses and discloses personal information, refer to TEQSA’s Complete APP Privacy Policy

    Principle 3: Respectful engagement

    1. TEQSA is committed to being respectful, responsive, fair and consistent in the way it manages concerns.
    2. All concerns are recorded and carefully reviewed to determine the appropriate response.
    3. If contact information is provided, TEQSA will acknowledge receipt of a concern in writing within 5 working days. 
    4. If the concern is outside TEQSA’s remit, TEQSA will either refer the matter to the relevant government agency where appropriate and where the individual has provided consent to do so, or direct the individual to the relevant organisation that may assist.
    5. TEQSA may contact the individual who raised the concern to request more information. 
    6. Subject to TEQSA’s confidentiality obligations, TEQSA will advise the individual of the outcome of TEQSA’s consideration of the information they submitted. TEQSA will also provide information on how to make a complaint about TEQSA’s handling of their concern.

    Principle 4: Risk-based approach

    1. TEQSA takes a risk-based approach to considering concerns and deciding the appropriate response, guided by TEQSA’s compliance priorities.
    2. TEQSA does not investigate every concern and will generally only take action on concerns where there is a serious risk to students or to the quality, integrity or reputation of the higher education sector, and where the concern relates to the provider’s compliance with its obligations within TEQSA’s legislative framework.
    3. All concerns are recorded and may be used to inform future regulatory activity and identify risks. For example, TEQSA may take action where it identifies a trend in concerns raised.
    4. TEQSA’s regulatory response is guided by TEQSA’s approach to compliance and enforcement, including consideration of the basic principles for regulation in the TEQSA Act.
    5. TEQSA will apply principles of procedural fairness in addressing concerns with providers.

    Contact

    Any enquiries about TEQSA’s Concerns and complaints about providers policy can be directed to: concerns@teqsa.gov.au

    Notes

    1. The meaning of personal information for this purpose is set out in the Privacy Act 1988 (Cth).
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  • COVID-19 recovery – key considerations for providers

    Body

    Notifying TEQSA of material changes

    On 30 June 2021, TEQSA published a revised Material Change Notification policy. This policy outlines the circumstances in which providers are required to notify TEQSA of material changes and the method for notification and supersedes the previous Coronavirus (COVID-19) – statement on notifications released on 17 April 2020.

    Supporting the sector during COVID-19 recovery

    COVID-19 has led to unprecedented disruption and many providers have swiftly adapted their normal business operations in response to the challenges and changed environment.

    The focus of government and the sector has now shifted to the COVID-19 recovery period.

    The Australian Government has announced its framework for a COVIDSafe Australia, which outlines a 3 step plan to ease restrictions, noting that states and territories may implement changes based on their COVID-19 conditions.  

    At each step in the 3 step plan, education providers, including universities and technical colleges, are encouraged to increase face-to-face delivery where possible and prioritise hands-on, skills based learning, if it is safe to do so and in line with individual state and territory government advice.  

    There are a number of resources to assist providers with this transition, including:

    • guidance published by Safe Work Australia for the Tertiary Education sector
    • a framework published by Universities Australia for resumption of face-to-face teaching.

    TEQSA is maintaining its flexible arrangements while we support the sector during this transition period. Any changes to our flexible regulatory approach will be carefully considered, and include consultation with peak bodies and other government agencies as appropriate.

    The recovery planning process for providers should take into consideration the temporary nature of these flexible arrangements and focus on how they will continue to meet their obligations longer term.  Providers may also want to consider the effect of changes they have made and where these have improved the quality of the education they deliver, whether they want to make some changes permanent (see below: Notifying TEQSA of material changes).

    Purpose of this guidance material 

    This guidance sets out key, high-level, principles-based considerations that providers should remain mindful of in their planning during the COVID-19 recovery period. It focuses on identified standards and risk areas pertinent in the COVID-19 and recovery period context, with an emphasis on obligations under the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) and the Higher Education Standards Framework (Threshold Standards) 2015

    This is intended to provide advice only and should be considered alongside TEQSA’s Guidance Notes, which provide greater clarity in the interpretation and application of selected standards. The definitive instruments for regulatory purposes remain the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), the Threshold Standards and the National Code. 

    The National Code of Practice for Providers of Education and Training to Overseas Students 2018

    Those providers registered to deliver courses to overseas students, including ELICOS providers, should consider their obligations under the National Code. 

    TEQSA provided advice on 26 March 2020 about ongoing flexibility with regard to limitations on online delivery to international students (requirements 8.19 and 8.20 of the National Code 2018); and similar flexibility in attendance requirements related to ELICOS and Foundation Program providers. While international travel restrictions and social distancing measures continue, these flexible arrangements will remain in place until they are no longer required, noting that any change to restrictions could be on a country by country or state by state basis, affecting international markets differently.    

    The Threshold Standards

    During recovery, TEQSA’s focus is on ensuring providers continue to deliver higher education in a way that is safe for its staff and students, maintains quality, and is sustainable. 

    We will continue to monitor providers’ compliance with the Threshold Standards during this period and engage with providers as appropriate, with a focus on the following: 

    • Standard 1.1.1 in relation to Admission
    • Standard 2.3 in relation to Wellbeing and Safety of students
    • Standards 3.1.2 to 3.1.4 in relation to Course Design
    • Standard 3.2.1 in relation to Staffing
    • Standard 5.3.5 in relation to student feedback on their educational experiences
    • Standard 5.4.1 in relation to Delivery with Other Parties
    • Standard 6.2.1 in relation to Corporate Monitoring and Accountability
    • Standards 7.1.1 and 7.1.4 in relation to Representation
    • Standard 7.2.1 in relation to Information for Prospective and Current Students

    Considerations

    Many providers have made a number of changes to their business operations in order to comply with government advice and protect the health of their students and staff. While the response to COVID-19 was sudden, such as moving swiftly to online delivery, the recovery transition period should be measured.

    It is important that obligations under the National Code and Threshold Standards are embedded in providers’ recovery planning and processes as they resume activities and continue to plan for the future. 

    Providers may also want to consider how students have responded during COVID-19 and how any future changes may affect them.   As much as possible, students should be involved in and consulted on any changes that may impact their educational experience, wellbeing and safety, and any further changes should be communicated to them clearly.

    We have set out key considerations for providers that are pertinent during the recovery period, as temporary changes transition back to business-as-usual activities or form the basis for on-going changes to a provider’s business model.

    Student wellbeing and safety

    Providers have a range of responsibilities to students, including taking active responsibility for fostering an environment of wellbeing and safety for its students. This includes:

    • Conducting effective risk assessments and implementing preventative controls for the risks identified.
    • Providing advice about actions to take, staff to contact and support services that are accessible to students (whether directly or through another party).
    • Identifying risks to wellbeing and safety, taking steps to understand the support needs of particular student cohorts, and implementing effective mitigation and management strategies for identified risks.

    Key considerations include:

    • The commitment of the governing body and the framework of policies, processes and activities that have been established to foster and maintain wellbeing and safety during COVID-19 restrictions or easing of restrictions.
    • Support should be tailored to the needs of particular student cohorts, such as students who are studying in different modes of participation, i.e. on campus, online or blended modes, students who are involved with other delivery partners (whether onshore or offshore) and students whose studies are impeded by health issues, including mental health issues requiring access to counselling.
    • Risk identification should be consistent with the scale and context of the provider and its environment, and how this guides the provider’s preparations for resumption of face to face delivery and other transitional arrangements.

    Particular consideration should be given to Standard 2.3.1.

    Corporate monitoring and accountability

    The governing body is critical in providing effective governance, oversight and strategic direction during the recovery process. This includes ensuring that there are appropriate governance arrangements in place to identify, effectively manage and monitor risks, particularly those that relate to financial management and oversight, and academic quality.

    Key considerations include:

    • Ensuring that risks are identified, documented and reviewed on a continual basis. 
    • Ensuring the risk management plan adequately addresses risks and impacts of COVID-19, including that: 
      • decision-making processes are in place to review and approve risk mitigation strategies
      • consideration is given to short, medium and long term measures
      • roles and responsibilities are clearly defined 
      • there is a monitoring framework to ensure transparency and accountability.
    • Monitoring the occurrence and nature of any formal complaints, allegations of misconduct, breaches of academic or research integrity or other critical incidents and taking action to address the underlying cause.
    • Continually monitoring the health advice of Commonwealth and relevant state and territory governments to inform the actions you are expected to take, noting the approach may differ depending on the location and conditions of each campus.
    • Revisiting the organisation’s business plan – for example realigning, as necessary, academic and financial priorities of the organisation.
    • Ensuring adequate oversight by the governing body of the provider’s financial sustainability and viability – for example by receiving up-to-date, regular financial reporting in a format that enables the governing body to easily understand the provider’s current financial position and sustainability of performance and projections.
    • Ensuring adequate monitoring and management of ongoing and emerging financial impacts and risks of COVID-19 - for example, modelling and analysis to inform strategies and make informed, sometimes hard, decisions based on data.
    • Ensuring that there are adequate financial and tuition safeguards in place to mitigate disadvantage to students in the event of unexpected changes to provider’s operations, including if the provider is no longer able to offer a course of study or ceases to operate. 
    • Exercising due diligence in making financial decisions – this may involve seeking external, professional advice or expertise as required.
    • Clearly documenting financial decisions and reasons for these decisions.

    Particular consideration should be given to Standard 6.2.1 (paras c. d. e. i. and j).

    Maintaining academic quality and standards

    As providers plan for upcoming academic periods/semesters, we expect that you will   maintain the quality of teaching and learning as a priority, including overseeing arrangements for delivery by other parties.

    Key considerations include:

    • Planning and reviewing the timing of course reviews and surveys, and   the influence of this on decisions about future operations, including delivery modes.
    • Ensuring that there is appropriate academic scrutiny and oversight of delivery modes and approaches to teaching and assessment that were temporarily adopted in response to COVID-19, particularly in regards to online delivery.
    • Ensuring processes for forward planning for the next academic period/semester and beyond address any identified quality-related issues and inform decisions related to:
      • course design, structure and modes of delivery
      • maintaining the integrity of methods of assessment
      • the provider’s technological capabilities
      • maintaining student engagement and support
      • ongoing support and development for teaching staff.
    • Documenting arrangements to maintain assessment and quality standards.
    • Ensuring risks to academic integrity are identified, monitored and mitigated (for example, academic misconduct, cheating and plagiarism), particularly in an online context.
    • Ensuring the impacts of any changes to your workforce and capability are being managed effectively and that you have adequate resourcing to maintain your operations.
    • Ensuring that staff in teaching and supervisory roles are equipped for their roles.
    • Ensuring your current staffing complement remains sufficient to meet the educational, academic support and administrative needs of students.
    • Ensuring there is sufficient monitoring, oversight and quality assurance of third parties to be satisfied that third parties are delivering to your expected quality standard.
    • Revisiting contractual arrangements with third parties to ensure they remain fit for purpose and give sufficient assurance in the current context of COVID-19 recovery.
    • Ensuring there are arrangements in place to achieve work-integrated learning, placements and other community-based learning required for successful course completion, for example where there are mandatory components or strict requirements for professional accreditation.

    Particular consideration should be given to:

    • Standards 3.1.2 – 3.1.4
    • Standard 3.2.1
    • Standard 3.2.3
    • Standard 5.4.1

    We also expect providers to consider the needs of students, current and prospective, in the context of the current environment and have suitable mechanisms in place for monitoring and reviewing higher education activities, and engaging in consequent reflection, to bring about evidence-based improvements.

    Key considerations include ensuring that:

    • New pathways for prospective students intending to apply for entry in 2021 are fair and transparent and designed in the best interests of the applicant.
    • There is reasonable flexibility in admissions decision-making to recognise an applicant in the context of unique circumstances and the current environment.
    • Student feedback is used to inform decisions about  admission practices and other academic approaches.
    • Regular student feedback, particularly during this period of disruption, is used to inform continuous improvement of the student experience. 
    • Students have access to accurate, relevant and timely information to enable them to make informed decisions about education offerings and experiences. For example, proactive and clear communication is provided to students about changes in delivery mode, fees and the content of courses as a result of COVID-19.
    • There is sufficient oversight and monitoring of agents to mitigate risks of misrepresentation or unethical conduct in marketing practices in the current environment.

    Particular consideration should be given to:

    • Standard 1.1.1
    • Standard 5.3.5
    • Standard 7.1.1
    • Standard 7.1.4
    • Standard 7.2.1

    Notifying TEQSA of material changes

    On 30 June 2021, TEQSA published a revised Material Change Notification Policy. This policy outlines the circumstances in which providers are required to notify TEQSA of material changes and the method for notification and supersedes the previous Coronavirus (COVID-19) – statement on notifications. Please refer to the latest Material Change Notification Policy for more information.

    If a temporary change becomes a permanent change, you should make a new material change notification.  

    Where this relates to continuing online mode of delivery, information should be included on the steps taken to ensure continued quality of teaching and assessment, adequate resources for staff and support for student wellbeing and safety. For further guidance, refer to Online delivery- key considerations for providers.

    Version #

    Date

    Key changes

    1.0

    10 September 2020

    Made available as beta version.

    Stakeholder
    Publication type
  • Our role

    We are responsible for regulating and assuring the quality of all providers of higher education in Australia. 

    The Australian higher education sector includes public and private universities, Australian branches of overseas universities, university colleges and institutes of higher education.

    Higher education providers offer qualifications ranging from undergraduate awards (bachelor degrees, associate degrees and advanced diplomas) to postgraduate awards (graduate certificates and diplomas, masters and doctoral degrees).   

    The Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) which established us as an agency, calls for us to:

    • register regulated entities as higher education providers and accredit their courses of study
    • conduct compliance and quality assessments
    • conduct re-accreditation assessments of courses developed by providers without self-accrediting authority
    • provide advice and make recommendations to the Commonwealth Minister responsible for Education on matters relating to the quality and regulation of higher education providers
    • cooperate with similar agencies in other countries
    • collect, analyse, interpret and disseminate information relating to quality assurance practice and quality improvement in higher education
    • to investigate and take action against individuals or organisations offering or advertising commercial academic cheating services to students at Australian higher education providers.

    What is higher education?

    Also known as tertiary education, higher education consists of awards spanning Australian Qualifications Framework (AQF) levels 5-10, which include: diplomas; advanced diplomas; associate degrees; bachelor degrees (including honours); graduate certificates; graduate diplomas; masters degrees; doctoral degrees; and higher doctoral degrees.

    For more information about higher education AQF levels, visit our Australian Qualifications Framework page.

    Our approach to quality assurance and regulation

    Our regulatory approach is standards and risk-based, and guided by the following three regulatory principles:

    1. regulatory necessity
    2. reflecting risk
    3. proportionate regulation.

    For more information view Our approach to quality assurance and regulation.

    The Australian higher education legal framework

    The legal framework which governs Australian higher education consists of the following (click on the arrows for a short overview):

    Tertiary Education Quality and Standards Act 2011 

    Established TEQSA as an agency and calls for regulation of higher education through a standards-based quality framework with principles relating to regulatory necessity, risk and proportionality. 

    Higher Education Standards Framework (Threshold Standards) 2021

    Applies to all higher education providers. Set by the Minister for Education on the advice of a panel with expertise in the delivery of higher education, they are the minimum level of achievement that a provider must meet and maintain to be registered to deliver higher education courses of study.

    Education Services for Overseas Students Act 2000 (ESOS Act)

    Applies to providers offering courses to students in Australia on student visas. These include higher education courses, Foundation Programs (except those delivered by schools), and ELICOS programs delivered by higher education providers.

    National Code of Practice for Providers of Education and Training to Overseas Students 2018

    A set of nationally consistent standards that protect international students. The National Code protects governs courses registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). Only CRICOS courses can be offered to international students studying in Australia on a student visa.

    More information can be found in the Acts and Standards section of our website.

    Last updated:
  • Compliance and enforcement policy

    Body

    Purpose

    TEQSA regulates all registered providers that offer higher education qualifications in or from Australia. TEQSA’s regulatory functions and powers are set out in the TEQSA’s legislative framework that includes:

    TEQSA also regulates some standalone ELICOS providers.

    TEQSA also has powers under the TEQSA Act to take action against other types of regulated entities, including unregistered entities that offer or confer higher education awards when not registered to do so, and entities that advertise or offer contract cheating services.

    These functions and powers enable TEQSA to undertake compliance and enforcement action to protect student interests and the quality, integrity and reputation of Australia's higher education sector.

    This policy sets out:

    • the scope of TEQSA’s compliance function and enforcement powers
    • the principles that guide TEQSA’s compliance and enforcement activities
    • TEQSA’s general approach to identifying and addressing non-compliance, including how TEQSA may use its powers.

    This policy sits within TEQSA’s Compliance Monitoring Framework.

    Scope

    This policy applies to all compliance and enforcement activities undertaken in response to suspected or identified non-compliance. 

    Principles

    TEQSA has discretion in how it exercises its range of powers to address non-compliance. TEQSA cannot investigate every regulatory concern that is brought to its attention and it uses its discretion to prioritise and allocate resources to address the greatest risks.

    Compliance and enforcement activities are prioritised for action based on TEQSA’s compliance priorities set by the TEQSA Commission, with resources targeted toward specific groups or behaviours that pose the greatest risk of harm to students and the quality, integrity and reputation of the higher education sector.

    TEQSA is guided by three basic principles set out in the TEQSA Act when exercising our compliance function or using our enforcement powers: regulatory necessity, reflecting risk and proportionate regulation. TEQSA’s Overview of Compliance Monitoring Framework sets out these and other overarching principles that guide TEQSA’s compliance and enforcement activities.

    TEQSA acts swiftly and firmly where there is significant risk to students or the higher education sector, or where there is evidence of serious mismanagement, or a serious or deliberate breach of TEQSA’s legislative framework. 

    In determining the most appropriate compliance and enforcement action to take, TEQSA considers:

    • the severity and scale of the potential or actual harm
    • the likelihood of harm occurring or reoccurring
    • the regulated entity’s regulatory history as set in section 15(1a) of the TEQSA Act
    • the ability of the entity to adequately mitigate the specific risks
    • whether the burden associated with a particular response is greater than reasonably necessary
    • the culpability of those offending, such as whether it was accidental or wilful
    • the wider relevance of the event, such as serious public concern and broad sector relevance.

    Identifying and assessing non-compliance

    TEQSA becomes aware of potential non-compliance through a range of sources including:

    • voluntary disclosure by the regulated entity
    • cyclical assessments for renewal of TEQSA and CRICOS registration or course accreditation
    • the annual provider risk assessment process
    • sector-wide thematic analyses
    • monitoring of compliance with conditions imposed on TEQSA or CRICOS registration or course accreditation
    • intelligence gained from media monitoring or from other sources, including other government departments
    • the investigation of complaints by students, the community or other providers.

    All information in relation to potential non-compliance is subject to a preliminary risk analysis to prioritise the concern and determine next steps. As part of this preliminary assessment, TEQSA may make further enquiries to ensure it has enough information to understand and assess the suspected non-compliance.

    Compliance assessments and investigations

    If a concern is assessed as warranting further consideration, TEQSA will commence an assessment of compliance. This is a detailed examination of a regulated entity’s compliance with the TEQSA Act, the ESOS Act or the relevant standards. (Note that s59 of the TEQSA Act specifically refers to reviews or examinations of compliance with the Threshold Standards.)

    TEQSA takes care only to commence compliance assessments where there is a reasonable basis to a concern about non-compliance with the Threshold Standards.

    Where an assessment of a possible contravention of the TEQSA Act or ESOS Act may lead to court proceedings, this may take the form of an investigation. An investigation is undertaken in accordance with the Australian Government Investigations Standards for the purpose of gathering admissible evidence to support court proceedings.

    TEQSA will notify a regulated entity that a compliance assessment or investigation has commenced and will describe the nature of the concerns and the scope of the assessment.  

    Evidence to support a compliance assessment or investigation may be obtained through a number of mechanisms including, but not limited, to:

    • Statutory and non-statutory requests for information. TEQSA may seek information voluntarily or may rely on statutory powers to require the production of information.
    • Provider visits. These are conducted by consent and with advance notice. They serve a range of functions, including engagement, observation, information gathering and inspection

    • Searches of premises. TEQSA may need to gain access to premises, either with the consent of the occupier or under a warrant. Where access to premises is necessary, TEQSA will primarily seek to enter with consent where necessary. A warrant will only be considered in limited circumstances, for example, where a regulated entity has demonstrated serious, deliberate or ongoing non-compliance.

    • Monitoring and investigation powers. TEQSA can enter premises either with the consent of the occupier or with a warrant. Whilst on the premises TEQSA, in using its monitoring or investigation powers, and depending whether it enters the premises with the consent of the occupier or a warrant, TEQSA may search the premises or anything on the premises, examine or observe any activities conducted on the premises, inspect and / or make copies of documents on the premises, take photographs of the premises or things on the premises and seize evidential material.

    The TEQSA and ESOS Acts, supported by the enforcement framework provided in the Regulatory Powers Act, detail how statutory powers are to be exercised, including the obligations of authorised officers, and the rights and responsibilities of occupiers.

    Compliance assessments and investigations may:

    • inform an application-based assessment where there is a concurrent or impending assessment
    • result in enforcement action being undertaken, for example, where non-compliance has been established
    • conclude with no further action being taken, for example, where TEQSA is satisfied that a provider is meeting the Standards identified as part of a compliance assessment.

    When TEQSA has completed a compliance assessment or investigation, TEQSA will notify the regulated entity of the outcome of that assessment. TEQSA endeavours to clearly explain its concerns, the actions required or decisions taken, and the reasons for these.

    Responding to non-compliance   

    TEQSA will calibrate its treatment of compliance and enforcement matters on an escalation basis, where minor issues are dealt with using less serious administrative resolutions and serious matters or non-compliances are dealt with using more serious enforcement powers.

    Tools available under the TEQSA, ESOS and Regulatory Powers Acts

    TEQSA has a range of compliance and enforcement tools to help achieve compliance, build capability for self-assurance, and address non-compliance.

    Informal resolution

    In some matters, TEQSA may decide not to pursue further action but may instead provide regulatory guidance to promote self-assurance, build capability and prevent broader non-compliance. This may be appropriate in instances of minor and/or technical non-compliance, or where the regulated entity has promptly corrected a possible contravention and implemented measures to prevent recurrence. Guidance may include the provision of information or tools to support regulated entities to gain a better understanding of their obligations, and to encourage rectification and future compliance.

    Warning letter

    TEQSA may issue a warning letter where it reasonably believes a regulated entity has not complied with TEQSA’s legislative framework. A warning letter is not a formal enforcement power under the TEQSA Act. A warning letter places the regulated entity on notice about TEQSA’s concerns and the possibility of future action should the conduct continue or re-emerge. It provides the entity with the opportunity to address compliance issues itself. This may be appropriate where TEQSA has confidence that the entity is willing and able to address the concerns and the risks to students and the quality and reputation of the sector are low.

    Voluntary undertaking

    A voluntary undertaking is an action plan that empowers regulated providers to take greater responsibility for their own regulatory compliance in developing and agreeing upon tailored solutions to address concerns. A voluntary undertaking does not involve the use of formal enforcement power under the TEQSA Act.  It involves an agreement developed in partnership between a regulated provider and TEQSA. In a voluntary undertaking, the regulated entity commits to take specific action, or cease specific conduct, to address identified non-compliances within a specified timeframe.

    Conditions

    Under section 32 and section 53 of the TEQSA Act and section 10B and section 83 of the ESOS Act, TEQSA may impose conditions on a regulated entity’s registration or accreditation to mitigate a material risk associated with its operations. A condition can direct a regulated entity to act or not to do a particular act to address non-compliance or to prevent non-compliance.

    Conditions may be imposed:

    • where the nature and circumstances of the non-compliance presents a moderate to significant risk
    • where TEQSA is not confident that a provider is meeting its obligations or managing risks effectively
    • when lower level informal responses have not been successful
    • where targeted action is needed to address the non-compliance.

    Common conditions include requirements to not accept enrolments beyond a set maximum cap and to provide TEQSA with specific information on a determined regular basis.

    Conditions are imposed for specific periods of time. Regulated entities can request TEQSA remove or vary conditions prior to the expiration pursuant to the relevant statutory regime (TEQSA Act or ESOS Act) under which the conditions were imposed.

    Enforceable undertakings

    An enforceable undertaking is a written undertaking made by a regulated entity. An enforceable undertaking is accepted and enforced pursuant to Part 6 of the Regulatory Powers Act. Under an enforceable undertaking, a regulated entity commits to take particular action or refrain from taking particular action to ensure it meets relevant legislative obligations.

    TEQSA may seek enforcement of an enforceable undertaking in a court if an entity has breached or failed to comply with an enforceable undertaking.

    Injunctions

    Pursuant to Part 7 of the Regulatory Powers Act, TEQSA can apply to a court for an injunction restraining a person (including a regulated entity) from engaging in conduct that contravenes a provision of the TEQSA Act. TEQSA can also apply for an injunction requiring a person to do something in relation to compliance with the TEQSA Act.

    Generally, injunctions will only be sought where the conduct, or proposed conduct, that contravenes the TEQSA Act is of a serious and persistent nature, or where urgent action is required such as where there is an immediate or direct risk to students’ welfare. An injunction may also be sought where less serious enforcement measures have been ineffective.

    Shortened registration or accreditation period

    TEQSA may shorten the registration or accreditation of a regulated entity where the provider has failed to meet the Threshold Standards or breached a condition imposed on its registration or course accreditation.

    Cancellation of registration

    TEQSA can cancel a provider’s registration if a provider has failed to meet Threshold Standards or breached a condition of its registration. Cancellation of a registered provider’s registration is a serious action and will only be exercised in the most serious cases.

    TEQSA is required to give the regulated entity and relevant Ministers written notice of, and a reasonable opportunity to respond to, the reasons for proposing cancellation.

    Civil and criminal sanctions

    Civil and criminal sanctions are one of the most serious enforcement actions TEQSA might undertake and may be considered in cases involving deliberate and/or repeated non-compliance.

    TEQSA can apply for orders imposing pecuniary penalties under Part 4 of the Regulatory Powers Act where a regulated entity has contravened a civil penalty provision of the TEQSA Act. The TEQSA and ESOS Acts also have a number of offence provisions (including offences covering the same conduct as most civil penalty provisions in the TEQSA Act).

    Infringement notice

    TEQSA may issue an infringement notice under Part 5 of the Regulatory Powers Act where TEQSA believes on reasonable grounds that a person has contravened a civil penalty provision of the TEQSA Act or certain provisions of the ESOS Act (see s 132 of the ESOS Act).

    Tools available under the ESOS Act only

    Suspension of registration under the ESOS Act

    TEQSA may suspend the registration of a CRICOS provider for a broad range of reasons specified under section 83 of the ESOS Act, including non-compliance with the ESOS Act and National Code.

    Suspension of registration will only be exercised where there is evidence of non-compliance and urgent action is required to address or prevent the non-compliance.

    Publication of compliance and enforcement decisions

    TEQSA publishes compliance and enforcement decisions made under the TEQSA Act related to regulated entities on the National Register. TEQSA also publishes some decisions, such as the decision to enter into a Voluntary Undertaking, on the TEQSA website. Further information about TEQSA’s approach to public reporting, including information about the content and timing of publication of reports is available on TEQSA’s website.

    Monitoring and evaluating TEQSA’s compliance and enforcement approach

    TEQSA’s approach to improving its regulatory functions is informed by the Australian Government’s Regulator Performance Guide, which provides a common set of performance measures for increased accountability and greater transparency in the way regulators perform their role. Under the Framework, all regulators are required to undertake annual self-assessments of their performance against their agreed evidence metrics. The results of self-assessments are validated by stakeholder consultation mechanisms and certified by TEQSA’s Accountable Authority.

    Internal and external review

    Some decisions made by TEQSA are reviewable. TEQSA’s procedures for internal and external review are on the TEQSA website. When communicating a compliance decision, TEQSA will outline the availability of internal or external review rights.

    Complaints about TEQSA’s compliance and enforcement actions

    Complaint about TEQSA’s actions can be made in writing via TEQSA’s complaints handling process. Information about how to make a complaint is available on the TEQSA website.

    Contact

    Any enquiries about this policy can be directed to: compliance@teqsa.gov.au

    Stakeholder
    Publication type
  • Material change notification policy

    Body

    Purpose

    The policy outlines the circumstances in which providers are required to notify TEQSA of material changes and the method for notification.

    Scope

    This policy applies to all higher education providers.

    Principles

    1. The purpose of material change notifications is to ensure timely disclosure by providers on changes that will significantly impact their compliance with the Higher Education Standards Framework (Threshold Standards) 2021 (HES Framework).
    2. The obligation to notify TEQSA of material changes is specified in the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act):
      • Section 29(1)(a) of the TEQSA Act requires that a registered higher education provider must notify TEQSA if an event happens or is likely to happen that will significantly affect the provider’s ability to meet the HES Framework.
      • Section 29(1)(b) of the TEQSA Act requires that a registered higher education provider must notify TEQSA an event that will require the National Register to be updated in respect of the provider. This includes changes to:
        • name of the legal entity
        • ABN
        • business name
        • head office, and
        • website address, as well as the
        • titles of courses accredited by TEQSA, or discontinuation of those courses.
    3. Under the TEQSA Act, notification must be given no later than 14 days after the day that the provider would reasonably be expected to have become aware of the event.
    4. Notifications do not constitute an application for approval to implement changes, as approval is not required. However, TEQSA will follow up if it considers there is a risk that Standards in the HES Framework have been or will be breached.
    5. Providers subject to the Education Services for Overseas Students Act 2000 (ESOS Act) and National Code of Practice for Providers of Education and Training to Overseas Students 2017 (National Code) should be mindful of any notification requirements arising from changes in circumstances under the ESOS Act. Approval is required for some changes under the ESOS Act.
    6. What constitutes ‘significant’ will depend on the individual circumstances of the provider. It is the responsibility of each provider to decide whether an incident significantly affects its ability to comply with the HES Framework.
    7. Notwithstanding, TEQSA would expect providers to notify TEQSA of the following changes:
      • changes that may significantly impact governance and status, such as changes to ownership or major shareholdings or changes of Chief Executive Officer, Principal Executive Officer or principal academic leader
      • incidents that significantly impact the safety and well-being of students, such as recurring incidents of sexual assault or sexual harassment or critical incidents and other material breaches in safety
      • changes that impact on good standing, such as allegations of research misconduct under the Australian Code for the Responsible Conduct of Research or unscheduled compliance audits by another regulator or government department
      • changes that may impact on financial viability, such as significant changes to the provider’s existing, new or anticipated revenue sources or the appointment of an external administrator, liquidator or receiver
      • new arrangements to deliver a course of study in whole, or in part, through a third party (onshore and offshore)
      • significant issues that arise with the delivery by other parties (onshore and offshore) such as failures of the control and reporting systems put in place by the primary provider to monitor third party delivery or failures on the part of the third party to ensure that course delivery meets the HES Framework
      • major course changes (for providers without self-accrediting authority) such as changes to the titles of courses, a notable reduction in course duration or the introduction of new majors or specialisations1.
    8. Notifications, including notifications under the ESOS Act, must be submitted via email to materialchanges@teqsa.gov.au.
    9. In the event of multiple changes taking place at the same time, only one consolidated notification is required. 

    Contact

    Providers can contact the Compliance and Investigations Team, via materialchanges@teqsa.gov.au to discuss questions about material change notifications.

    Notes

    1. Changes that fundamentally change the nature of the course of study may require accreditation of a new course. Providers are advised to refer to Guidance Note: Changes in a Course of Study that may lead to Accreditation as a New Course.
    Subtitle
    Version 5.0
    Stakeholder
    Publication type
  • TEQSA published decisions report October – December 2020

    Body

    The Tertiary Education Quality and Standards Agency (TEQSA) is responsible for regulating Australia’s higher education providers to protect and enhance Australia’s reputation for high quality higher education. TEQSA has published a summary of its regulatory decisions from 1 October until 31 December 2020. 

    What are TEQSA decisions?

    Each week, TEQSA makes regulatory decisions. These may be on the registration of new providers or the reregistration of existing providers. For the providers that do not have the power to accredit their own courses, TEQSA also makes decisions whether to accredit or re-accredit their courses. There are many legal, compliance and quality assurance measures which a higher education provider must demonstrate in order for TEQSA to allow a provider entry to Australia’s higher education sector.

    In order to make these decisions, TEQSA must be satisfied that a provider complies with the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) and the Higher Education Standards Framework, the standards framework underpinning the TEQSA Act.

    TEQSA’s regulatory approach is standards and principles-based. It is guided by three regulatory principles: regulatory necessity, reflecting risk and proportionate regulation, when exercising its powers. TEQSA’s regulatory decisions are taken by its Commission, or by senior members of TEQSA staff under delegation from the Commission.

    More information about TEQSA’s approach is available at Our regulatory approach page.

    Where do I find more information about TEQSA’s decisions?

    Detailed public reports on individual decisions are available on the National Register of higher education providers

    For media interviews

    Please contact comms@teqsa.gov.au

    Decision Date Provider Decision Description Number of Conditions Period Length
    05-Oct-20 Asia Pacific International College Pty Ltd Accredit new course (x4) 0 1 year and 3 months
    07-Oct-20 Think: Colleges Pty Ltd Renew accreditation of existing course (x1) 2 4 years
    08-Oct-20 Technical and Further Education Commission Accredit new course (x3) 0 1 year and 3 months
    09-Oct-20 Christian Heritage College Accredit new course (x1) 0 1 year and 3 months
    14-Oct-20 Victoria University Renew registration of existing provider 0 7 years
    16-Oct-20 Technical and Further Education Commission Accredit new course (x3) 0 1 year and 3 months
    16-Oct-20 Sydney Metropolitan Institute of Technology Pty Ltd Accredit new registration 3 5 years
    16-Oct-20 Sydney Metropolitan Institute of Technology Pty Ltd Accredit new course (x1) 0 5 years and 1 month
    20-Oct-20 Elite Education Institute Pty Ltd Renew registration of existing provider 5 4 years
    20-Oct-20 Elite Education Institute Pty Ltd Renew accreditation of existing course (x4) 0 4 years
    20-Oct-20 INSEARCH Limited Accredit new course (x4) 0 7 years
    28-Oct-20 Academy of Information Technology Pty Ltd Renew accreditation of existing course (x1) 0 7 years
    28-Oct-20 ECA Higher Education Institute Pty Ltd Accredit new registration 0 5 years
    28-Oct-20 ECA Higher Education Institute Pty Ltd Accredit new course (x3) 0 5 years
    28-Oct-20 Kaplan Higher Education Pty Ltd Renew registration of existing provider 0 7 years
    30-Oct-20 Academy of Information Technology Pty Ltd Accredit new course (x3) 0 1 year and 2 months
    30-Oct-20 Texila College Australia Pty Ltd Accredit new registration 3 5 years
    30-Oct-20 Texila College Australia Pty Ltd Accredit new course (x1) 0 5 years
    02-Nov-20 Acknowledge Education Pty Ltd (formerly Stott's Colleges Pty Ltd) Accredit new course (x1) 0 7 years
    09-Nov-20 Tabor College Incorporated Accredit new course (x3) 0 3 years
    11-Nov-20 Photography Holdings Pty Ltd Accredit new course (x1) 0 1 year and 2 months
    12-Nov-20 Tabor College Incorporated Accredit new course (x8) 0 1 year and 2 months
    12-Nov-20 Australian College of Natural Medicine Pty Ltd Renew accreditation of existing course (x1) 0 7 years
    12-Nov-20 Australian College of Natural Medicine Pty Ltd Accredit new course (x1) 0 7 years
    17-Nov-20 Acknowledge Education Pty Ltd (formerly Stott's Colleges Pty Ltd) Accredit new course (x1) 0 7 years
    17-Nov-20 Christian Heritage College Accredit new course (x1) 0 1 year and 2 months
    17-Nov-20 Christian Heritage College Accredit new course (x2) 0 3 years and 9 months
    19-Nov-20 Australian Institute of Professional Counsellors Pty Ltd As Trustee For AIPC Trust Accredit new course (x1) 0 7 years
    19-Nov-20 Melbourne Institute of Technology Pty Ltd Accredit new course (x2) 0 1 year and 2 months
    19-Nov-20 Melbourne Institute of Technology Pty Ltd Accredit new course (x2) 0 4 years and 1 month
    19-Nov-20 Technical and Further Education Commission Accredit new course (x6) 0 1 year and 2 months
    20-Nov-20 Christian Heritage College Accredit new course (x1) 0 1 year and 2 months
    26-Nov-20 Christian Heritage College Accredit new course (x1) 0 3 years and 9 months
    26-Nov-20 Christian Heritage College Accredit new course (x1) 0 1 year and 2 months
    30-Nov-20 Monash College Pty Ltd Accredit new course (x3) 0 1 year and 1 month
    30-Nov-20 Study Group Australia Pty Ltd Renew accreditation of existing course (x1) 0 7 years
    30-Nov-20 SAE Institute Pty Ltd Renew accreditation of existing course (x16) 0 7 years
    01-Dec-20 Melbourne Polytechnic (formerly Northern Melbourne Institute of TAFE) Renew accreditation of existing course (x2) 0 7 years
    08-Dec-20 Adelaide Institute of Higher Education Pty Ltd Accredit new course (x1) 0 4 years
    08-Dec-20 Apex Institute of Higher Education Pty Ltd Accredit new registration 0 5 years
    08-Dec-20 Apex Institute of Higher Education Pty Ltd Accredit new course (x1) 0 5 years
    14-Dec-20 Box Hill Institute (formerly Box Hill Institute of TAFE) Accredit new course (x3) 0 7 years
    15-Dec-20 Navitas Professional Institute Pty Ltd (formerly Australian College of Applied Psychology Pty Ltd) Accredit new course (x3) 0 7 years
    16-Dec-20 Metavision Institute Pty Ltd Accredit new registration 0 5 years
    16-Dec-20 Metavision Institute Pty Ltd Accredit new course (x2) 2 5 years
    16-Dec-20 HEPCo Pty Ltd Accredit new registration 0 3 years and 7 months
    16-Dec-20 HEPCo Pty Ltd Accredit new course (x1) 0 3 years and 7 months
    21-Dec-20 Perth Bible College Inc Accredit new course (x3) 0 1 year
    21-Dec-20 Wentworth Institute of Higher Education Pty Ltd (formerly Victory Institute of Higher Education Pty Ltd) Renew accreditation of existing course (x6) 0 7 years
    23-Dec-20 TAFE SA Accredit new course (x2) 0 1 year
    23-Dec-20 Australian College of Natural Medicine Pty Ltd Accredit new course (x3) 0 7 years

     

     

    Below are extensions from the Smoothing Project:

    Decision Date Provider Decision Description Number of Conditions Period Length
    06-Oct-20 Elite Education Institute Pty Ltd Extension of accreditation (x1) 0 1 year
    13-Nov-20 Australian Institute of Business and Management Pty Ltd Extension of registration 0 3 years
    13-Nov-20 Australian Institute of Business and Management Pty Ltd Extension of accreditation (x3) 0 1 year and 7 months
    13-Nov-20 Australian Institute of Business and Management Pty Ltd Extension of accreditation (x1) 0 1 year and 8 months
    13-Nov-20 Australian Institute of Business and Management Pty Ltd Extension of accreditation (x1) 0 2 years and 6 months
    13-Nov-20 Australian Institute of Business and Management Pty Ltd Extension of accreditation (x3) 0 2 years and 8 months
    13-Nov-20 Australian Institute of Business and Management Pty Ltd Extension of accreditation (x4) 0 3 years
    13-Nov-20 Holmes Institute Pty Ltd as Trustee for Holmes Institute Trust Extension of registration 0 6 months
    13-Nov-20 Holmes Institute Pty Ltd as Trustee for Holmes Institute Trust Extension of accreditation (x2) 0 6 months
    30-Nov-20 TAFE Queensland Extension of registration 0 3 years
    30-Nov-20 TAFE Queensland Extension of accreditation (x2) 0 3 years
    21-Dec-20 International Institute of Business and Technology (Australia) Pty Ltd Extension of registration 0 3 years
    21-Dec-20 International Institute of Business and Technology (Australia) Pty Ltd Extension of accreditation (x1) 0 3 years
    Stakeholder
    Publication type
  • Discussion paper: Making and assessing claims of scholarship and scholarly activity

    Body

    This discussion paper is intended to inform updates to TEQSA’s Guidance Note on Scholarship which is under review. The principles proposed in this discussion paper and the existing guidance note on scholarship are not definitive or binding, nor are they prescriptive. The definitive instruments for regulatory purposes remain the TEQSA Act and the Higher Education Standards Framework as amended from time to time.

    Purpose

    As part of its regulatory roles, TEQSA is required to assess evidence of ‘scholarship’ that is put forward by providers, whether evidence of scholarship by individuals, such as teaching staff within the provider, or for the provider as a whole.

    TEQSA is seeking to review whether its current approach to assessing claims of scholarship and scholarly activity (as described in the Guidance Note on Scholarship) is adequate, or if the approach needs to be reconceptualised. The purpose of this discussion paper is to set out, for consideration by the sector and other stakeholders, draft principles that are proposed to guide providers in making claims related to scholarship, and to inform TEQSA’s assessments of such claims.

    This paper does not seek to replace established frameworks or long standing approaches to scholarship, but rather, seeks to elicit feedback on how TEQSA can improve its approach to assessing claims of scholarship and scholarly activity.

    The sector’s responses to the questions posed within this paper will also inform TEQSA’s revisions to the Guidance Note on Scholarship which is currently under review.1

    Consultation process and timeline

    Feedback on this paper is invited. It would be helpful if your responses address the discussion questions posed in the paper, together with any other related matters that you may wish to raise.

    Comments should be provided in Microsoft Word or PDF files. Submissions may be made public unless accompanied by a request providing reasons they should not be made public.

    The closing date for feedback is 14 December 2020.

    Submissions should be directed to standards@teqsa.gov.au.

    Background

    Part A of the Higher Education Standards Framework (Threshold Standards) 2015 (HES Framework) specifies a number of requirements involving inputs arising from ‘scholarship’, either directly or indirectly. These include:

    1. Scholarly underpinning of specified learning outcomes (1.4.2 a-d)
    2. Research training outcomes (1.4.7)
    3. Course design (3.1.2 a-c)
    4. Staffing (3.2.3 a-b)
    5. Research training environment (4.2.2).

    The corporate and academic governance functions of a provider are also expected to have oversight of the broader academic activities of the provider, including the impact of scholarship on the provider’s academic activities (e.g. 6.2 f, 6.3).

    Part B of the HES Framework also identifies scholarship as an essential characteristic of a higher education provider (Part B1.1.4 for a HEP, and for other types of provider in Parts B 1.2 – 1.4) and of a provider with self-accrediting authority for its courses (Part B3.d).

    TEQSA’s Guidance Note describes ‘scholarship’ as ‘activities concerned with gaining new or improved understanding, appreciation and insights into a field of knowledge, and engaging with and keeping up to date with advances in the field. This includes advances in ways of teaching and learning in the field and advances in professional practice, as well as advances in disciplinary knowledge through original research.’

    This discussion paper proposes a set of principles that would guide providers when offering evidence of their capacity to meet the requirements of the HES Framework in relation to scholarship. Submissions to this discussion paper will guide future revisions to the Guidance Note on Scholarship.

    The importance of scholarship across different types of providers

    The HES Framework requires scholarship as an essential characteristic of higher education, both for individuals and for the provider as a whole (referred to as scholarship at the institutional level in this paper). As a consequence of these requirements, providers will need to be able to demonstrate that individual academic staff are engaged in scholarship as required by the HES Framework and that the institution has evidence that this is occurring. The provider will also have to demonstrate that it has created an institutional climate that requires and enables scholarship in accordance with the HES Framework. TEQSA expects that students on all campuses of an institution should benefit from an institution’s scholarly activities.

    While the requirements of the HES Framework apply to all providers, TEQSA acknowledges that those requirements may manifest in a variety of different practices according to context. For example, TEQSA recognises that how individuals go about maintaining scholarship and how the institution supports scholarship will be quite different in scale and nature between a large research-intensive provider offering higher degrees by research and a smaller, more focussed teaching-only provider. Similarly, the circumstances for individual staff will vary across a spectrum from a full-time research orientated setting through to a part-time teaching only setting. With recognition that student and staff profiles may vary between an institution’s campuses, TEQSA acknowledges that the nature of scholarly activity and evidence of its outputs may vary between campuses. Notwithstanding, TEQSA considers it reasonable to expect, for interests of all students regardless of the campus at which they study, evidence of scholarly activity and output at all campuses of an institution.

    Classification of an activity as scholarship for regulatory purposes

    Principle 1: To provide evidence of scholarship for regulatory purposes, the proposed scholarly activity must be consistent with an established typology of ‘scholarship’.

    In assessing whether an activity constitutes ‘scholarship’, TEQSA proposes to draw on established frameworks for the definition and classification of types of scholarship, the best known of which is perhaps that of Boyer (1990). In so doing, TEQSA acknowledges that there have been subsequent published variations of the Boyer Framework and that providers frequently translate the Boyer model into other forms that are tailored to their particular context or discipline, while nonetheless preserving a credible typology consistent with the broad thrust of the Boyer model. TEQSA will welcome such tailored frameworks. Ideally, they would be recognised models or frameworks of scholarship and derive academic credibility.2

    TEQSA proposes the above principle to guide its determination of whether proposed activities constitute scholarship for regulatory purposes.

    In applying this principle, TEQSA must initially decide whether an activity presented as evidence of ‘scholarship’ does, in fact, represent scholarship for regulatory purposes within the context of the HES Framework.

    In so doing, TEQSA proposes that evidence of scholarly activity would need to be consistent with one of the following types of activity:

    • an activity consistent with at least one of the forms of scholarship described in the framework developed by Boyer (1990); that is the scholarship of (i) discovery, (ii) integration, (iii) application or (iv) teaching, or
    • an activity of a similar kind that is consistent with subsequent peer-reviewed adaptations of the Boyer framework, or
    • an activity of a similar kind that is evidently consistent with some other credible typology of scholarship that embraces similar principles and is acceptable to TEQSA.

    Scholarly activities also need to be linked to the academic’s disciplinary field, as disciplinary scholarship is an essential component of scholarship that yields benefits for teaching and learning. TEQSA acknowledges that higher education providers do not engage in scholarship in the same manner. Depending on the providers’ missions and business models, some providers may focus more heavily in the scholarship of discovery (such as research), while others may focus more on the scholarship of teaching. Nonetheless, at the whole-of-institution level, academic staff need to engage with disciplinary scholarship to achieve the intended outputs and outcomes.

    Discussion Question 1

    Is the above approach to classification of activities as scholarship appropriate? If not, why not and what amendments would you propose?

    Demonstration of outputs or outcomes arising from scholarship

    Principle 2: Evidence of scholarship must include demonstrable links to intended outputs or outcomes of that scholarship and be accompanied by mechanisms to monitor and evaluate those outputs or outcomes.

    TEQSA acknowledges that individual intellectual pursuits are central to scholarship. However, in accordance with the thrust of the Boyer model and similar models, TEQSA takes the view that, for the purposes of its assessments, an activity classified as ‘scholarship’ should lead to an identifiable output or outcome that is relevant to the requirements of the HES Framework. TEQSA will also look for mechanisms that are in place to monitor and evaluate such outputs or outcomes.

    Demonstrable outcomes or outputs from scholarly activities could include changes to course content, course design or improved learning outcomes. For example, research leads to the creation of new knowledge (discovery) as an output, which may in turn, inform teaching and learning or affect the collective appreciation of the field through influencing the understanding of peers over time (outcome).

    If TEQSA is satisfied that claimed activities constitute an identified form of ‘scholarship’ in accordance with Principle 1, TEQSA proposes that it will also look to see that the activities have already led to, or are highly likely to lead to, intended improvements. In so doing, TEQSA will look to improvements of the following kind:

    1. Advances in expected learning outcomes for students and/or graduates (e.g. arising from improvements in course content, design, methods of participation/delivery, assessment or re-definitions of learning outcomes and the like).
    2. Advances in the concepts and understanding of a discipline for staff and others (e.g. through seminal influential papers, scholarly reviews etc.) and/or influences on how the discipline is taught and learned (such as a new published pedagogy).
    3. Advances in a creative field of endeavour (such as new insights, challenges to orthodoxy or innovative approaches to creative outputs).
    4. Advances in professional practice (e.g. new ways of practice that provide better solutions to existing challenges) including innovations (e.g. implementation of new technology).

    In submitting evidence of scholarly activities, a provider would be expected to outline the links between the activities and consequent improvements in specific curricula or other teaching-related outputs or activities, and to learning outcomes or other outcomes such as influence on practice. For some types of scholarly activity, the result may be legitimately confined to demonstrable improvement of a particular course of study and its associated learning outcomes e.g. an improved course design based on changing appreciations of a field of study.

    For many types of scholarship, however, dissemination of the results to wider scholarly or professional communities would ideally be evident. Such dissemination would extend beyond the originating activity, to at least to other programs within the provider and/or, ideally, to a relevant scholarly/creative/professional community more broadly. For example, a new pedagogy arising from an individual’s scholarship may be adopted throughout a school, faculty or even a provider as a whole. These institutional improvements may also be advocated more widely through a community of scholars, such as national or international conferences/publications.

    In considering claimed improvements, TEQSA will take account the practical reality that improvements arising from scholarship may occur and/or have their effects in stages. For example, as a result of scholarship in teaching (such as a literature review of emerging concepts in teaching in a field of education), the initial output may be a revised course design (an output of scholarship). In time, it will be possible to demonstrate whether the intended longer-term outcomes arising from this new design, such as improved student learning outcomes and/or facilitation of improved life-long learning and professional development of graduates have been achieved. Similarly, other types of scholarship may be reflected in evidence of improvements in creative/professional practice.
    In acknowledging such staged achievements, TEQSA will nonetheless expect to see that scholarly activities are accompanied by identification of the intended outcomes of that scholarship, and that some mechanisms will be in place to monitor and evaluate such outcomes. TEQSA would not regard a ‘scholarly’ activity (an input) as an end in itself; evidence of intended outcomes accompanied by a means to monitor and evaluate those outcomes are seen for regulatory purposes as no less necessary to scholarship than the activity itself.

    Above all, academic staff need to acquire and maintain knowledge of contemporary developments in their discipline or field by continuing scholarship or research or advances in practice (HESF Part A, 3.2.3). This means that providers need to ensure that academic teaching staff are engaged in disciplinary scholarship as this contributes to the vitality of the intellectual climate and academic environment, and leads to improvements in learning outcomes. This may include activities such as literature review, article publications or participation in professional development. As part of their submission of evidence of scholarship and their outputs or outcomes in a discipline, providers should demonstrate that academic staff are active in their disciplinary fields.

    Discussion Question 2

    Is the proposed approach of linking scholarly activity to intended outputs and/or outcomes relevant to the HES Framework reasonable? If not, why not and what amendments would you propose?

    Activities that are not necessarily seen as scholarship

    Principle 3: Activities such as professional and community engagement, professional development and routine professional/artistic practice will not be regarded as scholarship unless they meet the requirements of Principles 1 and 2.

    TEQSA understands and acknowledges that professional development of individuals and engagement with a professional/creative community and/or the community more widely are valued aspects of higher education in Australia. However, TEQSA is of the view that not all professional development/engagement necessarily constitutes scholarship. For example, a staff member of a provider may be a member of the board of their professional association, such as a member of the association’s audit committee. While this may be of considerable value to the association and to the individual, unless the individual teaches or researches in financial governance, such activity may not meet any accepted definitions of scholarship nor realise any scholarly outcomes and thus not be regarded as scholarship by TEQSA. On the other hand, if the individual was instead part of a professional group that was charged with re-defining the scope and nature of a profession, which, in turn, would influence course design, learning outcomes and future professional practice, this could be seen as scholarship. Evidence of such outcomes would be demonstrable in graduate outcomes over time.

    Engagement in routine professional practice to maintain routine professional skills (e.g. an academic accountant running a small tax return practice) or engaging in recurrent artistic performances (e.g. performances of an established musical composition) may well be helpful to hone one’s skills. However, these are not likely to be seen as ‘scholarship’ by TEQSA without evidence that these activities would constitute or lead to advances that others could learn from. In the case of artistic endeavours, this could be demonstrated through associated scholarly commentary or a catalogue raisonné3 of an exhibition, for example. Likewise, activities concerned with development of technical skills, for example a professional development program in data management that leads to administrative efficiencies for a provider, would not be seen to constitute scholarship unless they also evidently flow through to improvements in teaching and learning or research programs in data management. Many examples of community engagement, although they may be demonstrably important to a provider’s overall mission, are also not likely to be seen by TEQSA as scholarship if they do not meet the tests of ‘scholarship’ in either their nature or their effect.

    TEQSA also acknowledges and expects that a variety of individual and institutional activities may be undertaken with a view to enhancing administrative efficiency and effectiveness and/or to provide better services to students. Important as such activities are in the life of a provider, they would not be accepted by TEQSA as scholarship unless they lead directly to scholarly outcomes of the types discussed in this paper.

    Claims of scholarship will be assessed according to evidence of scholarly outputs or outcomes as outlined under Principles 1 and 2.

    Discussion Question 3

    Is it appropriate to distinguish various forms of external engagement from ‘scholarship’ as identified under Principles 1 and 2? If not, why not and what amendments would you propose?

    Provider involvement in scholarship

    Principle 4: Providers will be able to present a plan to create an environment of scholarship, which is monitored and reviewed, together with an aggregate representation of their involvement in scholarship within the context of the requirements of the HES Framework.

    The HES Framework requires individual academic staff members in a provider to be engaged in scholarship (3.2.3). It also requires a provider to create and foster a scholarly environment for research training (4.2.2). Monitoring, review and improvement mechanisms are also required (5.3). As such, TEQSA will expect to see that the provider’s policies and practices collectively:

    • define and engage with ‘scholarship’ in a manner consistent with the typologies and effects outlined above
    • create an expectation of scholarship at the institutional level for all teaching/research staff
    • create a culture of monitoring and evaluation of the outcomes of scholarship, with related monitoring instruments and processes to do so; and
    • allow the provider to present an aggregate representation of the extent of its involvement in scholarship, including an overall plan that is monitored and reviewed (e.g. by an academic review committee, academic board or the like), for both progress and outcomes.

    A provider’s claims of involvement in scholarship would be expected to be assessed by TEQSA in relation to the dimensions outlined above.

    Discussion Question 4

    Is it workable for providers to be able to demonstrate their planning, monitoring and involvement in scholarship in the aggregate as proposed? If not, why not and what amendments would you propose?

    Diversity of approaches to scholarship across the sector

    Principle 5: TEQSA will accept different approaches to scholarship that reflect the nature of the provider.

    TEQSA recognises that the requirements of the HES Framework can be met in different ways according to the circumstances of the provider. Providers may approach and conduct scholarship differently depending on the nature of their operations and their primary focus within the different types of scholarship. The importance of scholarship across all types of providers has also been emphasised previously, and TEQSA will consider the different types of scholarship activities so long as they meet the requirements of Principles 1 and 2.

    TEQSA notes the benchmarking discussion paper by Emeritus Professor Geoff Scott summarising the results of the Higher Education Private Provider Quality Network (HEPP-QN) scholarship workshop conducted on 29 October 2019. The workshop sought to identify approaches to scholarship that are specifically relevant to different higher education provider categories, and was attended by 11 non self-accrediting higher education providers (HEPs), two self-accrediting HEPs, two pathway colleges, and one University College.

    For the purposes of brevity, the following list provides practical examples of what participants at the HEPP-QN workshop considered to be indicators of a quality approach to scholarship. This is not an exhaustive list of scholarly activities conducted across the sector. However, these examples may inform TEQSA’s development of further guidance to the sector on the different types of activities that may be accepted as scholarship if they meet the requirements of Principles 1 and 2.

    Selected examples of key indicators of quality approaches to scholarship nominated by participants at the HEPP-QN workshop

    • Course Development and Review policies and procedures follow ‘best practice’ research.
    • Robust philosophy and policy on scholarship with clear evidence of its consistent implementation via staff induction programmes and annual performance monitoring.
    • Peer review and feedback results from students are analysed and shared. TEQSA would expect this to inform further improvements to curricula, course content, and course design.
    • Consistently high attendance at professional development events by both tenured and sessional staff. TEQSA expects these types of activities to have demonstrable outcomes for teaching and learning in order to be accepted as scholarship.
    • The provider actively disseminates the latest research on what is taught and effective innovations in learning and teaching.
    • All staff are demonstrably up-to-date with research in the area(s) they teach. TEQSA expects teaching staff to apply this knowledge to inform their teaching activities.
    • Staff are researching their own practice and its impact on student outcomes and successfully addressing any improvement areas identified.
    • Staff are implementing Course Development and Review policies effectively.
    • There is acceptance of articles written by staff in peer-reviewed journals.

    The discussions from the workshop demonstrate the wide-ranging indicators that providers consider to be most relevant to their nature of operations. TEQSA is aware that there may be specific kinds of scholarship activities and outcomes that are considered to be integral to the provider type in order to uphold its reputation and the sector’s reputation more broadly.

    Nonetheless, the key indicators nominated by providers at the HEPP-QN workshop above are not mutually exclusive between provider types. For example, an independent provider may very well elect to focus its investments and efforts into research activities based on its strategic plan or operating model. TEQSA does not seek to confine the types of scholarship activities by provider type, but continues to encourage the sector to delve into a diverse range of scholarship inputs to achieve meaningful and beneficial learning outcomes for students, which work to enhance the quality delivery of higher education and uphold the reputation of the sector.

    Discussion Question 5

    Are there any potential issues you foresee with the application of Principle 5 by TEQSA?

     

    Discussion Question 6

    Are there specific types of scholarship inputs and outputs within each provider type that should be considered as integral requirements to ensure that the reputation of the sector is upheld?

     

    Summary of TEQSA’s proposed approach

    TEQSA proposes to assess claims of individual scholarship according to the following:

    1. Is the nature of a claimed scholarly activity consistent with an established typology of scholarship that is acceptable to TEQSA?
    2. Is there evidence of intended outputs or outcomes of scholarship including, where relevant, dissemination of the outputs or outcomes of such activity that are likely to foster advances more broadly?

    In relation to claims at the institutional level of the provider, TEQSA will look to the requirements of the HES Framework, particularly:

    1. Evidence of creation of a climate of scholarship, including institutional planning
    2. Mechanisms to monitor and evaluate the impact of such scholarship.

    Notes

    1. TEQSA thanks those that have provided their feedback on the Guidance Note thus far. These will be considered alongside responses to this discussion paper.
    2. Examples include: Boyd, William E. (2013) 'Does Boyer’s Integrated Scholarships Model Work on the Ground? An Adaption of Boyer’s Model for Scholarly Professional Development,' International Journal for the Scholarship of Teaching and Learning: Vol. 7: No. 2, Article 25 [Available online]; Heinemann, Robert L (1999). "We Are Who We Are" : Repositioning Boyer's Dimensions of Scholarship. Distributed by ERIC Clearinghouse, [Washington, D.C.] [Available online].
    3. A descriptive catalogue of works of art with explanations and scholarly comments.
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