• Compliance in focus: Wages underpayment

    Body

    The concern

    Throughout 2021, TEQSA continued to work closely with the Fair Work Ombudsman (FWO) on the issue of large-scale underpayment of staff by a number of Australian universities. While the FWO is the lead agency responsible for investigating breaches of the Fair Work Act 2009, this is a key issue for TEQSA. In particular, the historic and widespread underpayment of casual academic staff by many universities goes to the reputation of the sector, and of individual providers, in terms of upholding the quality of teaching, learning and the student experience.

    In respect to TEQSA’s remit, these practices put providers at risk of non-compliance with the HES Framework, principally:

    • Standard 6.2.1a which requires governing bodies ensure that the entity ‘comply with the requirements of the legislation under which the provider is established, recognised or incorporated, any other legislative requirements’ (for instance, national workplace laws)
    • Standard 6.2.1e which requires governing bodies ensure that risks to higher education operations have been identified and material risks are being managed and mitigated effectively
    • Standard 3.2.5 which requires that teaching staff are accessible to students seeking individual assistance with their studies, at a level consistent with the learning needs of the student cohort
    • Section 5.2 which requires providers take action to mitigate foreseeable risks to academic and research integrity.

    TEQSA’s response

    Since our first engagement with providers in relation to underpayments in August 2020, we have engaged closely with 15 universities who were either named in the media, self-reported to the FWO, or provided information to TEQSA as part of the material change notification obligation. The purpose of our engagement was to understand the extent of the issue and identify any underlying issues, and what the relevant universities were doing to address the non-compliance and ensure ongoing compliance.

    We observed that the response to the underpayment issue has been mixed.

    Some universities have been proactive in addressing the issue, including engaging external professionals to undertake a comprehensive review of payroll practices and provide advice on the interpretation and application of relevant enterprise agreements and legislation, as well as implementing contemporaneous record-keeping systems.

    On the other hand, a number of universities either do not appear to recognise the seriousness of the issue or are not responding in the way TEQSA would expect of a well governed and well managed quality higher education provider. For example, some providers have undertaken only limited, internal reviews of identified problem areas.

    In responding to this issue, TEQSA expects to see that providers:

    • have undertaken a comprehensive review of payroll, time and record-keeping practices
    • have clear steps in place to mitigate and manage identified risks
    • have rectified any instances of underpayments and demonstrated how underlying issues will be addressed
    • are embedding ongoing monitoring to ensure continued compliance with workplace laws and reporting to the audit and risk committee
    • are cooperating fully with the FWO in its investigations. We also expect providers to notify TEQSA under their material change obligations if they identify material issues through their review process.

    TEQSA and the FWO shared these observations with provider peak body representatives in a webinar in September 2021. This was followed by a plenary session with Universities Australia. TEQSA continues to work closely with the FWO in 2022, meeting bi-monthly and sharing information, where the law permits, to ensure a coordinated regulatory response.

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    Related links

  • Service charter review

     

    Overview

    Our service charter sets out our commitment to everyone who deals with us. This includes higher education providers, current and prospective students at Australian higher education providers, members of the public, employers, government agencies, other regulators and peak bodies with responsibility for representing the sector we regulate.

    TEQSA's service charter acknowledges these different relationships and commits to a number of principles for responsive service.

    Our service charter was last updated in July 2020. Following feedback from the sector received in 2022 and early 2023, we commenced a service charter review in August 2023. The first phase of this review was to consult with the sector via a survey.

    Feedback collected from the survey has been used to inform the development of a revised service charter, which is now being shared for further consultation.

    This consultation closes at 5pm (AEST) on Monday 20 May 2024.

    Relationship with the fees and charges consultation 

    Our service charter was last updated in July 2020. Since then, TEQSA has transitioned to an increased cost recovery model in accordance with the Australian Government Cost Recovery Policy. 

    Given the relationship between our application-based regulatory activities for higher education providers and our service charter, we considered it timely to commence this review alongside our annual fees and charges and consultation, which concluded on 25 September 2023. 

    See: Fees and charges consultation

    Summary of 2023 survey feedback

    In August and September 2023, TEQSA sought feedback from stakeholders about its service charter and the updates that should be made to it.

    We received feedback from 46 stakeholders that included peak provider bodies, providers, professional and academic staff at providers, a student and student organisation representative and an overseas higher education regulator or quality assurance agency.

    Below is a summary of the feedback we received about our service charter and our actions in response to that feedback.

    2023 survey feedback Action Rationale
    92% of respondents supported the principles of quality service already included in the service charter Maintained the principles of quality service. Supported by stakeholders and reflects TEQSA’s views on principles of quality service.
    91% of respondents supported including the deadlines legislated for responding to or reviewing applications to TEQSA Have added the applicable legislated deadlines to the service charter. Provides transparency about the applicable legislative deadlines TEQSA must meet.
    85% supported incorporating TEQSA’s values of trust, respect, accountability, and collaboration (TRAC) into the service charter Have incorporated TEQSA’s TRAC values into the service charter. Reflects TEQSA’s organisational values in the service charter and are consistent with the APS values.
    84% supported including expectations in the service charter based on the needs of different stakeholder groups. Expectations for different stakeholder groups are set out across the service charter. Provides clarity to a range of stakeholders on what to expect when they engage with TEQSA.
    Some stakeholders suggested timeframes for responses be included in the service charter and that greater detail be provided regarding these timeframes and responses. Timeframes and greater details about different sources of responses are included as appropriate.

    Recognising stakeholders seek a responsive service, TEQSA may update these targets and timeframes in subsequent reviews as its regulatory approach matures and strategic projects are realised.    		 Provides greater clarity to stakeholders about what they may reasonably expect in interactions with TEQSA.
    A stakeholder suggested TEQSA measures stakeholder satisfaction as part of its continuous improvement process. Maintaining information about how TEQSA uses stakeholder feedback via mechanisms such as the annual stakeholder survey to inform continuous improvement. Helps stakeholders understand how TEQSA will source information to continuously improve its service.
    A stakeholder suggested TEQSA makes providers more aware of updates to guidance and other website notifications related to compliance. TEQSA will continue to apply focus to communicating updates via existing media channels to ensure providers remain up to date on changes in guidance or other related materials. TEQSA seeks to ensure providers are aware of current guidance they may refer to in ensuring compliance with relevant obligations.
    A stakeholder suggested TEQSA only uses experts with relevant skills and experience for assessments. TEQSA has not included information about experts within its service charter. This issue is independent of TEQSA’s service charter and goes to the quality of experts procured. TEQSA reviews the qualifications and experience of experts prior to their listing on our experts register and considers the quality of experts reports produced when deciding whether to continue to use particular experts to assess applications for accreditation or registration.
    A stakeholder suggested TEQSA embeds the service charter on the website. TEQSA has embedded its existing service charter on the website and will continue to update it at this location as required: TEQSA service charter. TEQSA wants its service charter to be accessible to stakeholders.

    Keep informed

    You can sign-up to receive email updates about our service charter review. We will also share information in our monthly e-News and via our social media channels.

    Contact us

    If you have any questions about this review, please email us at PolicyandResearch@teqsa.gov.au  

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  • AIM Institute of Higher Education Pty Ltd

    Application for registration and course accreditation

     

    Decision: Rejected
    Date of decision: 27 November 2023
    Main reasons for decision:

    The decision to reject the application for registration was made on the basis that TEQSA is not satisfied that AIMIHE, and each person who makes or participates in making decisions that affect the whole or a substantial part of AIMIHE’s affairs, is a fit and proper person.

    TEQSA is further not satisfied AIMIHE meets the following provisions of the Higher Education Standards Framework (Threshold Standards) 2021:  

    • Standards 6.1.2 and 6.2.1 of Part A, in relation to corporate governance
    Review stage: The decision to reject an application for registration and accreditation is a reviewable decision under section 183 of the TEQSA Act.

    AIMIHE has applied to the Administrative Appeals Tribunal for review of these decisions.

     

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  • Monaro Education Pty Ltd

    Application for registration and course accreditation

     

    Decision: Rejected
    Date of decision: 15 November 2023
    Main reasons for decision:

    The decisions were made on the basis that TEQSA was not satisfied that Monaro Education Pty Ltd meets the following provisions of the Higher Education Standards Framework (Threshold Standards) 2021:

    • Standards 1.3.4 and 1.5.4 in relation to student participation and attainment
    • Standard 5.2.1 in relation to institutional quality assurance 
    • Standard 6.2.1 in relation to corporate monitoring and accountability, including risk identification, management and mitigation
    • Standards 6.2.1 in relation to financial viability
    • Standard 7.2.2 in relation to representation, information and information management.

    The decision to reject the application for accreditation of the course was made as a consequence of the application for registration being rejected.
     
    Review stage: The decision to reject an application for registration and accreditation is a reviewable decision under section 183 of the TEQSA Act.

    Monaro Education Pty Ltd has applied to the Administrative Appeals Tribunal for review of these decisions.

     

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  • Renewing TEQSA’s leadership

    The Minister for Education has announced the appointment of Dr Mary Russell as the next CEO of TEQSA, Australia’s independent national regulatory and quality assurance agency for higher education.

    TEQSA Chief Commissioner Professor Peter Coaldrake said the Minister’s decision had the full support of the TEQSA Commissioners.

    Dr Russell was appointed as acting CEO in June 2023, and prior to that she was TEQSA's Executive Director of Regulatory Operations.

    With the CEO appointment confirmed, Professor Coaldrake has advised the Minister that he will be stepping down from the TEQSA Commission.

    Commissioner Joan Cooper has agreed to extend her term on the Commission for up to a year to ensure the continuity of the Commission while recruitment for a new Chief Commissioner takes place. Commissioners Adrienne Nieuwenhuis and Steve Somogyi continue in their roles.

    Arrangements are being put in place to appoint an acting Chief Commissioner ahead of Professor Coaldrake’s departure on 10 May.

    Quotes attributable to TEQSA Chief Commissioner, Professor Peter Coaldrake AO

    “The full TEQSA Commission warmly congratulates Dr Mary Russell on her appointment as TEQSA’s next CEO.

    “The Commission is confident that under Dr Russell’s leadership, TEQSA will continue to uphold its values of trust, respect, accountability and collaboration, and foster constructive relationships with the sector we regulate.

    “With the CEO appointment confirmed, I have advised the Minister that I will be stepping down from the TEQSA Commission.

    “I feel it is an opportune time for the Government to appoint a new Chief Commissioner to guide the next stage of Australia’s approach to higher education regulation as part of the Australian Universities Accord implementation agenda.

    “Despite the many challenges at hand and those ahead, Australia continues to have a strong higher education system by international standards, and a strong system needs a robust regulatory framework. TEQSA has an essential role in protecting the quality and integrity of our system. Neither of those are guaranteed in a world of AI, and nor should we underestimate the various other influences which could weaken the cache of an Australian degree qualification or university.

    “I would like to warmly acknowledge the efforts and professionalism of all TEQSA staff.  It has been a privilege to work alongside my fellow Commissioners, and I urge you to strongly support Dr Russell as the new CEO.”

    Quotes attributable to TEQSA CEO, Dr Mary Russell

    “I know all of us at TEQSA are going to greatly miss Professor Coaldrake’s leadership and generous and wise counsel. We wish Peter all the best.

    “As the agency’s CEO, I look forward to continuing to work with our Commissioners, staff and wider sector to ensure that TEQSA’s work continues to assure the quality of Australian higher education for the benefit of students, employers and the wider Australian community.”

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    Mary Russell, CEO

  • 12 months since the launch of the TEQSA Masterclass: Contract cheating detection and deterrence

    TEQSA is leading Australia’s regulatory and educative approach to prevent, detect and respond to commercial academic cheating services that threaten the integrity of Australian higher education.

    In April 2023, TEQSA launched online training, Masterclass: contract cheating detection and deterrence, to support Australia’s higher education sector in the ongoing fight against academic cheating services. This world-leading approach ensures academics and staff at all Australian institutions have access to expertise and training to uphold award integrity. To date, Australia is the only country to have made such an investment.

    Since its launch the high-quality of the Masterclass, which was developed in partnership with Australian academic integrity experts, has drawn interest from regulators overseas and access has been extended to staff in Aotearoa New Zealand’s higher and vocational education sectors.

    The online Masterclass has received 3220 registered users since launching, with academics and professional staff from Australian higher education providers and New Zealand tertiary providers participating.

    This free, self-directed course remains available online to academic and professional staff. The course is available for professional development, and the online format allows academics and staff to enrol and complete the course at a time that suits them.

    Additional in-person Masterclass workshops were also held in all Australian capital cities between May and October 2023, and attended by almost 500 people.

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    TEQSA Masterclass

  • TEQSA and medical colleges agree on way forward for postgraduate medical training titles

    TEQSA has been working with several specialist medical colleges to ensure the terms used to describe postgraduate training for medical practitioners meet the requirements of the Tertiary Education Quality and Standards Act 2011 (TEQSA Act).

    The TEQSA Act places restrictions on use of terms such as Diploma, Bachelor or Masters to describe qualifications. This is to safeguard the interests of students and uphold the integrity of Australian higher education qualifications by ensuring that only courses that align with the Australian Qualifications Framework (AQF) and are provided by registered higher education providers use these regulated terms.

    With the exception of the College of Dermatologists, no specialist medical colleges are registered with TEQSA to award qualifications using these terms.

    Following discussions with several colleges and the Department of Health and Aged Care, the specialist medical colleges have agreed to ensure terms used to describe their qualifications will comply with the TEQSA Act from the end of February 2024.

    This change in nomenclature by the respective colleges does not impact previous training recipients or the content of the programs offered. Medical colleges will be able to publish details of how qualifications previously conferred as diplomas align with the new qualification titles.

    TEQSA thanks the specialist medical colleges for engaging with us since late 2022 to explore all options for ensuring continuity of the delivery of postgraduate medical training by the colleges, while meeting the requirements of the TEQSA Act.

    Frequently asked questions

    Under what section of the TEQSA Act has TEQSA made this decision?

    Under sections 105 and 106 of the TEQSA Act, it is an offence for a regulated entity that is not a registered higher education provider, to:

    • offer or confer a higher education award (including a Diploma) or,
    • represent that it offers or confers, or will offer or confer, a regulated higher education award (including a Diploma). 

    Financial penalties of up to 600 penalty units (approximately $187,000) can apply for breaches of the Act.

    What are the specialist medical colleges doing to achieve compliance?

    Specialist medical colleges will ensure the terms used to describe the postgraduate medical qualifications they deliver and confer, are in keeping with the TEQSA Act from February 2024.

    Each college, reflective of the needs of their members and specialist disciplines, is determining what the updated nomenclature will be. 

    Will this impact people who have completed a program prior to 2024?

    No. Medical practitioners who have been conferred a diploma by a medical college in the past, will be able to continue to use the diploma title.

    What is the AQF?

    The Australian Qualifications Framework (AQF) was established in 1995 and updated in 2013. Key objectives of the AQF are to contribute to the Australian economy by supporting relevant, consistent graduate outcomes, and providing pathways between different education and training sectors and labour markets, building confidence in Australian qualifications.

    The AQF also underpins national regulatory and quality assurance arrangements and enables alignment with international qualifications frameworks.

    The AQF sets out the learning outcomes for each AQF level and qualification type and the specifications for the application of the AQF in the accreditation and development of qualifications.

    TEQSA regulates courses that are at AQF Level 5 (diploma) to Level 10 (doctoral degrees).

    The protection of AQF titles and qualification descriptors preceded the TEQSA Act. The National Protocols for Higher Education Approval 2008 set out that AQF qualifications titles were protected by a national legislative framework, with “significant financial penalties for breaching the legislation or guidelines which protect use of the titles”.

    Australian Qualifications Framework

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    Medical science students

  • Adrienne Nieuwenhuis appointed TEQSA Acting Chief Commissioner

    TEQSA welcomes the appointment of Adrienne Nieuwenhuis as Acting Chief Commissioner.

    Ms Nieuwenhuis, who joined the TEQSA Commission in 2021, has more than three decades of experience across the higher education and vocational education and training (VET) sectors.

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    Adrienne Nieuwenhuis (News)