Purpose

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

Scope

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

This policy does not cover:

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

Principles that guide complaint handling

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

Complaints handling process

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

Further information

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

Why does TEQSA consult?

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

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

Principles of consultation

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

1. Broad consultation

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

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

2. Clear purpose and scope

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

3. Enough time

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

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

4. Accessible

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

5. Minimal burden

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

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

6. Clear feedback on outcomes

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

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

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

7. Improvement

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

8. Confidentiality

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

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

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

9. Privacy

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

Phases of consultation

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

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

Purpose

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

TEQSA’s role and responsibilities

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

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

The power to disrupt online locations

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

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

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

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

Principles

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

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

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

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

Factors for TEQSA to consider

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

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

Consultation

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

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

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

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

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

Review and monitoring following request

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

TEQSA will note contact from any person regarding any disruption.

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

Informing the public about requests

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

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

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

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

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

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

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

Contact

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

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

Our inaugural compliance report provides details of TEQSA's compliance activities in 2020 and key learnings for providers.

The PDF version of the document is available above. An HTML version will be made available on request.

TEQSA is aware of email and social media promotions offering students the chance to win up to $10,000 if they upload course materials or assignments to academic file sharing websites. 

TEQSA’s Higher Education Integrity Unit is concerned by the integrity risk posed by sharing course content and assessment material on these platforms.

TEQSA is also concerned that these websites may facilitate the operation of commercial academic cheating services.

Higher education institutions should consider whether the use of online study platforms constitute a breach of institutional policies and communicate any decision to their students including the disciplinary procedures in place to address this.

Institutions can take practical actions including:

• ensuring that institutional policies are regularly reviewed and upheld
• communicating relevant policies regarding academic integrity to all students during induction and regularly throughout their studies
• informing students about the risks posed via study platforms that may promote or sell commercial cheating services. TEQSA has published advice for students that may form part of your communication to students
• reminding students and staff about the importance of academic integrity and the risk posed by illegal cheating services
• monitoring file-sharing sites and taking action, where possible, to remove institutional content from these sites.

Further resources

• Downloadable materials for use in student communications and on campus
• TEQSA Protecting Academic Integrity Resources (for providers and their staff)
• TEQSA Understanding Academic Integrity Resources (for students)
• Good Practice Note: Addressing contract cheating to safeguard academic integrity

Providers with any queries about this matter can email integrityunit@teqsa.gov.au. 

The TEQSA Enterprise Agreement 2024-2027 (the Agreement) is made under section 172 of the Fair Work Act 2009 (the Act), between TEQSA's Acting Chief Executive Officer and all non-SES employees employed under the Public Service Act 1999.

On 5 March 2024, the Fair Work Commission approved the Agreement, which will operate from 12 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

The Agreement outlines the terms and conditions of employment with TEQSA, including the salary rates.

Our Annual Report is also available on the Transparency Portal, the central repository of publicly available corporate information for all Commonwealth bodies.

TEQSA’s Annual Report for 2020-21 was tabled in Parliament on Tuesday 19 October 2021.