• Summary report of the consultation process – public reporting of TEQSA’s decisions

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    Background

    The Agency publishes information about most of its decisions under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), consistent with the requirements of the Act and the terms of the National Register Guidelines.

    From February–November 2017 the agency consulted on changes to its policy on public reporting, including changes to the Register Guidelines.

    Key themes and responses from the consultation process have been summarised in this report.

    Consultation process

    In February 2017 TEQSA conducted a formal consultation process seeking sector views on changes to the way the Agency publishes its regulatory decisions. The paper posed five questions seeking feedback on TEQSA’s proposed approach.

    • Question 1: Do you agree with the proposed principles to guide TEQSA’s approach to publishing information about its decisions?
    • Question 2: Do you agree with the proposed approach to the timing of the publication of information about TEQSA’s decisions?
    • Question 3: Do you agree with the proposal to publish information about the rejection of applications for initial registration and course accreditation?
    • Question 4: Do you agree with the proposed amendments to the National Register Guidelines?
    • Question 5: Do you agree with the proposal to publish news announcements and media releases about significant decisions by TEQSA?

    Information about the Consultation Paper was made available on the TEQSA website and sent to the following peak bodies:

    Australian Council for Private Education and Training, Council of Private Higher Education, Universities Australia, TAFE Directors Australia, International Education Association of Australia, English Australia, Regional Universities Network, Innovative Research Universities, Group of Eight, Australian Technology Network, Council for International Education, National Union of Students, Council of International Students Australia, Australian Medical Students' Association, NSW/Territories Committee of Chairs of Academic Boards and Senates on behalf of the Chairs of Academic Boards and Senates, Chairs of Academic Boards Forum and University Chancellors Council.

    On 2 November 2017, following a further targeted consultation with peak bodies, drafts of the Register Guidelines 2017 and Policy of public reporting of TEQSA’s decisions were sent to the following groups for comment: Australian Council for Private Education and Training, Council of Private Higher Education, Group of Eight, TAFE Directors Australia, Innovative Research Universities and Universities Australia.

    Consultation responses

    While some respondents were supportive of TEQSA’s proposed changes to publishing its decisions, many had concerns relating to the timing of publishing decisions in the initial responses received.

    Some common areas of feedback provided by respondents included:

    • Concern that publishing decisions sooner would deny applicants procedural fairness.
    • Questions as to whether publishing decisions in the manner contemplated by the proposals would meet the basic principles for regulation in the TEQSA Act.
    • Questions on what the Agency means when it plans to publish “significant decisions”.

    TEQSA’s response

    As noted above, in response to the concerns raised in the initial consultation responses, the Agency conducted further targeted consultation to discuss the concerns with the relevant peak bodies.

    During the targeted consultation the Agency:

    • explained that before TEQSA makes a decision which would adversely affect an applicant, the Agency sends all the relevant facts and reasoning to the applicant for comment prior to a decision being made. Any response is then considered when making the decision. TEQSA already affords procedural fairness to an applicant before a decision has been made, well before the publication of the decision, and will continue to do so.
    • Explained in detail that the Agency complies with basic principles of regulation when making a decision and the act of publishing certain decisions earlier would not contradict the requirements in the basic principles.

    The Agency also adjusted its proposed amendments so that decisions would not be published until the end of the period within which an application may be made for the internal review of the decision, or at the end of the internal review process, whichever is the later.

    The Agency also elaborated on what it considers a ‘significant decision’ in the targeted consultation and in the Policy on public reporting of TEQSA’s decisions.

    Next steps

    The Agency appreciates the time and effort of respondents as well as the constructive feedback provided throughout the process.

    The Agency will finalise and register the National Register Guidelines 2017, and finalise the Policy on public reporting of TEQSA’s decisions.

    The proposed changes to the Agency’s approach to publishing its decisions will take effect from January 2018. 

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  • TEQSA statement: Macleay College journalism courses

    Update: 12 April 2022

    On Friday 11 March 2022, Macleay College advised students and teachers by email that the College will be withdrawing its Diploma of Journalism and Bachelor of Journalism courses. TEQSA understands Macleay College has since informed students that the courses are continuing and students can stay enrolled at the college.

    TEQSA continues to engage with Macleay College in relation to their obligations and compliance with the Higher Education Standards Framework (Threshold Standards) 2021Tertiary Education Quality and Standards Agency Act 2011 and Education Services for Overseas Students Act 2000.

    We are also continuing to communicate with students who have raised a concern with us. Any affected Macleay College student who wishes to raise a concern with TEQSA can do so via our website.

    Students are also encouraged to review advice from the Tuition Protection Service

    Previous statement (13 March 2022)

    TEQSA statement: Macleay College withdrawal of journalism courses

    TEQSA is seeking further information about the provider’s decision and support that is being offered to affected students to complete their studies.

    The timing and manner of how this was communicated by Macleay College to their students is also of concern to TEQSA. 

    Without prejudicing the outcome of our enquires, should TEQSA identify a breach of the Higher Education Standards Framework, we will take the appropriate enforcement action to ensure student interests and the standards are upheld. 

    Further information

    The Higher Education Standards Framework (2021) requires providers that cease offering a course to support students to complete the program or offer alternative arrangements.

    Macleay College students who believe they have been disadvantaged in the opportunity to complete their studies are encouraged to lodge a concern with TEQSA.  

    TEQSA’s approach to compliance and enforcement outlines action that can be taken in the event TEQSA determines there has been a breach of the Higher Education Standards Framework.

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  • Translated academic integrity resources for students

    TEQSA has launched a suite of resources in languages other than English to support students to better understand how to avoid illegal academic cheating services.

    Our existing Understanding Academic Integrity resources have been translated into Mandarin (Simplified Chinese), Hindi, Portuguese and Malay - four of the most common languages other than English spoken by students.

    This will further assist higher education students to develop an understanding of academic integrity; the risks commercial academic cheating services pose to students; the operation of Australia’s anti-cheating laws and how to identify, avoid and report illegal cheating services.

    TEQSA Chief Executive Officer Alistair Maclean said TEQSA’s student-focused resources had proved popular with students, with them being accessed more than 34,500 times since April 2021.

    “These student-focused resources are designed to complement the work taking place in Australian higher education institutions to strengthen students' understanding of academic integrity,” Mr Maclean said.

    “By producing translated resources we hope to support more students to develop a stronger understanding of Australia’s anti-cheating laws and how they can reduce the risks posed by illegal cheating services.” 

    Further information

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  • Sector update: Independent expert reviews

    TEQSA has published advice to assist providers when planning and conducting independent expert reviews.

    The update advises providers on planning independent expert reviews, reflecting on and responding to a review’s findings.

    It also outlines TEQSA’s approach to a provider’s own independent expert reviews, and how evidence and outcomes of reviews may contribute to a TEQSA regulatory process.

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  • Material promoting cheating services displayed on campuses

    TEQSA has issued a sector alert in response to new evidence showing commercial academic cheating services could be targeting students while on-campus.

    TEQSA's Higher Education Integrity Unit is concerned that some material posted around campuses offering “assignment help” is promoting, enabling or supplying commercial academic cheating services (also known as contract cheating).

    Under Australia’s anti-cheating laws, the promotion or sale of academic cheating services is illegal and subject to penalties of up to two years’ imprisonment and fines of up to $110,000. 

    All staff and students at Australian institutions are reminded that commercial academic cheating undermines the integrity of higher education. TEQSA has developed new presentation slides and posters to help share this message.

    More information

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  • TEQSA outlines compliance priorities for 2022

    TEQSA, Australia’s independent higher education regulator, has detailed its priorities for assuring compliance with the Higher Education Standards Framework for the year ahead.

    The agency’s priorities, outlined in the TEQSA 2021 compliance report, focus on teaching and research quality, sector integrity, student wellbeing and safety, and financial standing of higher education providers.

    TEQSA’s compliance priorities have been informed by complaints made directly to the agency, as well as TEQSA’s assessments from its regulatory activity and practices. 

    Last year, 289 concerns were lodged with TEQSA about Australian higher education providers, down on the 426 received in 2020. 

    TEQSA Chief Executive Alistair Maclean said complaints had spiked during 2020, largely due to the rapid shift to online delivery during the COVID-19 pandemic.

    “TEQSA has worked closely with the sector throughout the pandemic to ensure the continued high-quality of Australian higher education. We continue to engage with the sector to ensure online and on-campus courses meet the standards and deliver a high-quality student experience,” Mr Maclean said.

    Student wellbeing and safety will remain a key concern and compliance priority for TEQSA, including systemic issues relating to sexual assault and sexual harassment, mental health support and barriers for students with a disability.

    Complaints to TEQSA in 2021 about commercial academic cheating services increased from 23 in 2020 to 173 in 2021. This followed the establishment of TEQSA’s Higher Education Integrity Unit, and new laws in late 2020 that empowered TEQSA to take enforcement action against cheating services.

    Mr Maclean noted that during 2021 TEQSA also prioritised action against unregistered entities offering higher education to Australian students.  

    “It is illegal for entities not registered with TEQSA to offer higher education in Australia,” Mr Maclean said. 

    “Over the past year, TEQSA has investigated 9 unregistered entities, resulting in 3 ceasing to target Australian students. To help safeguard student interests, we’ve also published a list of known unregistered entities targeting Australian students on our website.”

    TEQSA encourages students considering a course of study to check TEQSA’s National Register to ensure their provider is registered and meets Australian standards for higher education. 

    The agency also encourages all higher education providers to review TEQSA’s compliance report and priorities for 2022, in order to inform their own risk management and quality assurance mechanisms.

    The Higher Education Standards Framework 2021 is a legislative instrument that sets the standards that a provider must meet and continue to meet to be registered to operate as a higher education provider in Australia. The standards are determined by the Minister for Education and Youth on the advice of the expert Higher Education Standards Panel. TEQSA uses the standards to regulate higher education providers and courses.

    Further information

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  • Joint statement of principles for the higher education sector COVID-19 response

    TEQSA welcomes and supports the Joint Statement of Principles for the Higher Education Sector COVID-19 Response that has been endorsed by the Australian Council of Professions (ACoP), Universities Australia (UA), the Independent Tertiary Education Council Australia (ITECA), the Australian Collaborative Education Network (ACEN) and the Independent Higher Education Australia (IHEA).

    The Joint Statement outlines consensus-based principles for the higher education sector adapting during the COVID-19 pandemic in the following areas:

    • accreditation flexibility and maintaining course quality
    • maintaining quality during changed teaching and learning
    • supporting online assessments while maintaining rigour
    • mitigating a reduced availability of professional placements
    • flexibility on (re-)registration/accreditation of professionals
    • maintaining international accords for professionals' mobility.

    As Australia’s independent quality assurance and regulatory agency for higher education, TEQSA will refer to the principles outlined in the Joint Statement as part of our course accreditation activities during this time. 

    This continues our approach to work closely with the higher education sector, including peak bodies and individual providers, to understand the wide-ranging effects of COVID-19 and how we can continue to provide supportive regulation, including flexibility and temporary regulatory relaxations where appropriate.

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