21 November 2024

The Australian Skills Quality Authority (ASQA) has cancelled the qualifications and/or statements of attainment of more than 6,400 past students of former Registered Training Organisation (RTO) Luvium Pty Ltd as part of its ongoing work to ensure the integrity of qualifications gained through Australia’s VET sector.

Background

Luvium Pty Ltd (trading as Australia Education & Career College 52865) was registered to deliver training and assessment to domestic students but an ASQA compliance investigation found it had issued qualifications without appropriate training or competency-based assessment by qualified assessors between 1 January 2023 and 19 October 2024.

ASQA sent notices of intent to cancel the qualifications and/or statements of attainment to 7,360 former students on 6 November 2024 after cancelling the registration of Luvium effective 19 October 2024 following an extensive compliance investigation.

Of the 7,360 former students who were sent notices, more than 6,400 provided no response and ASQA therefore cancelled their qualifications and/or statements of attainment on 15 November. ASQA received responses from more than 780 former students and is considering their responses and will advise them of an outcome as soon as possible.

All cancelled qualifications and statements of attainment were issued between 1 January 2023 and 19 October 2024. Information about impacted qualifications and statements of attainment is available from the Department of Employment and Workplace Relations.

Further information, including fact sheets, about this regulatory action is available on the ASQA website.

TEQSA's role

TEQSA is concerned that former Luvium students enrolled in a higher education program may have used a cancelled qualification as part of their admissions process or have been awarded recognition of prior learning (RPL) for these now cancelled qualifications.

TEQSA notes:

• Luvium Pty Ltd (trading as Australia Education & Career College 52865) is not registered with TEQSA to award higher education programs.
• None of the issues ASQA has taken action on relate to delivery by any higher education provider.

Provider actions

TEQSA expects all higher education providers will review their records to identify where students may have used a cancelled qualification for the purpose of admission or RPL to a higher education course of study.

Where a provider identifies a student may have used a cancelled qualification, in accordance with the provider’s institutional policies and procedures it should address any issues arising from the cancellation of the qualification. For example, any credit a provider offered to the student that relied upon that student having undertaken a legitimate qualification with Luvium Pty Ltd should be reconsidered.

TEQSA also expects providers to implement appropriate safeguards to assure themselves that their institution will not be adversely impacted in the future.

Relevant standards

Higher Education Standards Framework (Threshold Standards) 2021

• Standard 1.1 Admission
• Standard 1.2 Credit and recognition of prior learning
• Standard 2.3 Wellbeing and safety

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

• Standard 2 - Recruitment of an overseas student
• Standard 9 - Deferring, suspending or cancelling the overseas student's enrolment

Relocating or adding a new location

CRICOS-registered providers require approval from TEQSA to add any location to the provider's CRICOS registration, either through relocation or a new location.

Providers seeking TEQSA’s approval should submit an Intention to relocate or add new delivery site application through the provider portal.

Your application should demonstrate how your governing body has assured itself that the arrangements for the new location include adequate and appropriate space, staff and resources for students, in accordance with Standard 11.2 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018).

Your application should also take into consideration your total student capacity. If you wish to add a new location, you may request to transfer some of your existing student capacity from an existing location to the new location.

If you wish to increase your total student capacity, you will need to submit the Change Student Capacity on CRICOS application, and supporting evidence that demonstrates adequate space, staff, student resources to support your request.

Processing times

Standard 11.3 of the National Code 2018 requires providers to submit the application at least 30 days prior to the intended commencement date for delivery at the new location.

TEQSA strongly encourages providers to submit their application as soon as practicable and ensure it contains all of the information we require to make our decision.

TEQSA recognises that providers have operational and commercial interests in commencing delivery at a new site as soon as is practicable. While we endeavour to complete assessments as efficiently as we can, assessment times can vary considerably, depending on the:

• complexity of the application
• regulatory history of the provider
• risks identified by TEQSA
• volume of applications being assessed by TEQSA’s CRICOS team
• quality and completeness of the application and supporting materials.

Given these matters, and to allow TEQSA time to assess and finalise your application, we recommend that providers allow at least 60 days from the date they make their application to the proposed date of commencement of delivery at the new site. TEQSA will only approve a new location where we are satisfied that all relevant criteria have been met.

Evidence requirements

Self-assurance report

TEQSA requires that providers seeking to add a new location to their CRICOS registration or relocate a location submit a self-assurance report.

A self-assurance report is an opportunity for providers to demonstrate the effectiveness of their self-assurance mechanisms.

The self-assurance report should outline how the provider’s governing body assures itself of the quality of its education operations, and that it meets and will continue to meet the requirements applicable to maintaining adequate and appropriate space, staff, and resources for students at its locations, of the Education Services for Overseas Students Act 2000 (ESOS Act), National Code 2018 and, where relevant, the ELICOS Standards 2018 (ELICOS Standards) and the Education Services for Overseas Students (Foundation Program Standards) Instrument 2021 (Foundation Program Standards).

The self-assurance report for an Intention to relocate or add new delivery site application should consist of no more than 5 pages, and address the requirements set out below.

Note: all claims made in the self-assurance report must be substantiated by evidence, with reference to specific supporting documents in-text. Wherever possible, supporting evidence should be directly accessible via in-text hyperlinks, included as attachments to the report where specified, or otherwise listed in an index for later submission on request.

Key considerations

As part of the self-assurance report, providers wishing to relocate or add a new location on CRICOS should:

1. Provide evidence of how risks have been identified, managed, and mitigated, and how the provider will manage these risks going forward, including areas for continuous improvement, and associated actions and measures to monitor success.
2. Demonstrate how the provider manages key sector risks in the following areas:

3. Outline how the provider is maintaining robust oversight of the effectiveness of its mechanisms for monitoring the performance of its education agents.
4. Outline how the governing body is currently assuring itself that the mechanisms it has in place are effectively managing the risk that it is recruiting non-genuine students.

To demonstrate appropriate space

5. Outline the rationale for relocating or adding a new location, including how the application aligns with the provider’s strategic and business plans.
6. Outline the due diligence undertaken by the provider in vetting the new location including any approvals acquired by the Academic Board or governing council.
7. State the number of domestic students expected to attend the campus.
8. If the space will be used by any other provider, outline how the space will be shared.
9. If the location has previously been approved for delivery to overseas students and registered on CRICOS, include details of the previous provider registered at the location.
10. Outline security arrangements for the location during operating hours, including library hours or after hours.
11. Include as an attachment to the self-assurance report:
    • a current signed lease for the location
    • evidence of the approved maximum occupancy for the location; if evidence of an approved maximum occupancy is unavailable, include floor plans showing dimensions of all spaces
    • a draft timetable, demonstrating how the requested student capacity will be accommodated in the space, including appropriate time for student cohorts to change between classes without exceeding the location's maximum capacity, staff at the location, and an allocation for students using common spaces at the location
    • evidence of the location’s approval for education purposes (9B classification)
    • floor plans that show teaching spaces, amenities, student breakout area, meeting and staff rooms, library, counselling rooms and any specialist teaching facilities required for any course.

To demonstrate appropriate staff

12. State the number of full-time and casual academic staff and non-academic staff (e.g. librarian, admin, IT) and any supporting evidence to show that the number of staff will be appropriate for the projected student numbers.
13. Include data outlining the number of projected overseas and domestic students at the location over the next 3-5 years, and supporting evidence to show that the number of staff, and associated resources and support will be appropriate for the projected student numbers, including student to staff ratios. Please use the following template to help communicate your workforce planning and student growth projections: SSR calculation template 
14. Include as an attachment to the self-assurance report:
    • a current workforce plan, highlighting plans for recruitment of new staff, staff training and induction.

To demonstrate appropriate student resources and support

Note: If you are relocating and all current academic and non-academic staff, student resources, and supports will be available at your new location, please state this clearly in your application. If TEQSA has previously assessed the appropriateness of the staff and student resources, no further evidence will be required to assess the appropriateness of staffing, student resources, and support.

15. Describe IT resources and library resources and facilities available at the location.
16. Outline whether the library is accessible and open for extended hours for ease of student access.
17. List student support services available at the location.
18. Include evidence that student support services including academic support will be sufficient to service the number of students at the location.
19. Include as an attachment to the self-assurance report:
    • the provider’s critical incident policy, including emergency contacts.

To demonstrate compliance with obligations under section 46D of the ESOS Act

If you are relocating students from an existing location to a new location, please provide a copy or draft of the correspondence to advise students about the relocation. This should demonstrate how obligations under section 46D of the ESOS Act will be discharged by the provider where the provider has defaulted in relation to the student, as defined in section 46A of the ESOS Act.
 

Frequently asked questions (FAQs)

Can I register a campus with multiple premises as a single location?

For providers with self-accrediting authority (SAA), TEQSA only requires the registration of a single location on CRICOS where learning takes place in multiple connected premises (commonly referred to as a campus). Premises may be considered connected when they are located in the same suburb or locality, or otherwise in close proximity. Providers should ensure that students are not disadvantaged when required to travel between premises within the registered location. In addition, providers should submit a material change to notify TEQSA when a premises at a new address is added to an existing campus/registered location. TEQSA expects that SAA providers assure themselves of ongoing compliance with all requirements of the National Code 2018 when managing multiple connected premises at a registered location.

Do I need to make an application to remove a registered location from CRICOS?

Am I required to apply to add a location if I am adding a new level at a multi-level building where I already have a location registered?

Yes. If you are adding a new level at a multi-level building where you already have a location registered, TEQSA will need to assess the suitability of the new level.

Further information

For more information or assistance applying to relocate or add a new location, please contact the CRICOS team at cricos@teqsa.gov.au.

Changing student capacity on CRICOS

CRICOS-registered providers are required to ensure that the maximum number of overseas students for a location (student capacity) reflects the appropriateness of the staff, education resources, and facilities for the delivery of courses.

Providers seeking to change the student capacity at a location or to reallocate capacity between locations, should apply to Change student capacity on CRICOS through the provider portal.

An application must demonstrate that the space, staff and education resources are adequate to support the requested student capacity, in accordance with Standard 11.2 of the National Code 2018.

Your application should consider your total student capacity across all CRICOS-registered locations. If the application is concurrent with an Intention to relocate or add new delivery site application, you may request to transfer some of your existing student capacity from an existing location to the new location. This reflects the reallocation of staff and/or resources between registered locations.

TEQSA will also consider a provider’s capacity to identify and mitigate key risks in the recruitment of overseas students.

Providers applying to increase their total student capacity should expect that TEQSA will look closely at their effectiveness in managing risks associated with the recruitment of overseas students. This will involve analysis of data from PRISMS and other sources in relation to student outcomes and the performance of contracted education agents.

TEQSA will only approve a change to student capacity where it is satisfied that all relevant criteria have been met and that the provider is effectively managing risks associated with the recruitment of overseas students.

Processing times

Standard 11.3 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) requires providers to apply at least 30 days prior to the time at which the change to the provider’s capacity at a location(s) or total capacity is proposed to take effect.

TEQSA recognises that providers have operational and commercial interests in seeking an outcome on their request to change student capacity as soon as is practicable. While we endeavour to complete assessments as efficiently as we can, assessment times can vary considerably, depending on the:

• complexity of the application
• regulatory history of the provider
• risks identified by TEQSA
• volume of applications being assessed by TEQSA’s CRICOS team
• quality and completeness of your application and supporting materials.

TEQSA strongly encourages providers to ensure that their application contains all the information TEQSA requires to make its decision.

Given these matters, we recommend that providers allow at least 60 days from the date they make their application for TEQSA to assess and approve your application.

There are no fees to submit the Change student capacity on CRICOS application. For more information regarding fees providers must pay in relation to other applications made to TEQSA, refer to our application-based fees page.

Evidence requirements

Self-assurance report

TEQSA requires that providers seeking to change capacity at a location registered on CRICOS or to reallocate capacity from an existing CRICOS-registered delivery location submit a self-assurance report.

A self-assurance report is an opportunity for providers to demonstrate the effectiveness of their self-assurance mechanisms.

The self-assurance report should outline how the provider’s governing body assures itself of the quality of its education operations, and that it meets and will continue to meet the requirements applicable to maintaining adequate and appropriate space, staff, and resources for students at its locations, of the Education Services for Overseas Students Act 2000 (ESOS Act), the National Code 2018 and, where relevant, the ELICOS Standards 2018 (ELICOS Standards) and the Education Services for Overseas Students (Foundation Program Standards) Instrument 2021 (Foundation Program Standards).

The self-assurance report for an application to Change student capacity on CRICOS should consist of no more than 5 pages, and address the requirements set out below.

Note: All claims made in the self-assurance report must be substantiated by evidence, with reference to specific supporting documents in-text. Wherever possible, supporting evidence should be directly accessible via in-text hyperlinks, included as attachments to the report where specified, or otherwise listed in an index for later submission on request.

Key considerations

As part of the self-assurance report, providers wishing to change capacity at a location or to reallocate capacity from an existing delivery location on CRICOS should:

1. Provide evidence of how risks have been identified, managed and mitigated, and how the provider will manage these risks going forward, including areas for continuous improvement, and associated actions and measures to monitor success.
2. Demonstrate how the provider manages key sector risks in the following areas:

3. If the provider is applying to change capacity within 12 months of their most recent application, provide evidence that the change has been approved by the provider’s governing body, and that the provider has assured themselves there will be appropriate space, staffing and resources to accommodate the change.
4. Outline how the provider is maintaining robust oversight of the effectiveness of its mechanisms for monitoring the performance of its education agents.
5. Outline how the governing body is currently assuring itself that the mechanisms it has in place are effectively managing the risk that it is recruiting non-genuine students.

To demonstrate appropriate space

6. State the number of domestic students expected to attend the campus.
7. If the space will be used by any other provider, outline how the space will be shared.
8. If the location has previously been approved for delivery to overseas students and registered on CRICOS, include details of the previous provider registered at the location.
9. Outline security arrangements for the location during operating hours, including library hours or after hours.
10. Include as an attachment to the self-assurance report:
    • a current signed lease for the location
    • evidence of the approved maximum occupancy for the location; if evidence of an approved maximum occupancy is unavailable, include floor plans showing dimensions of all spaces
    • a draft timetable, demonstrating how the requested student capacity will be accommodated in the space, including appropriate time for student cohorts to change between classes without exceeding the location's maximum capacity, staff at the location, and an allocation for students using common spaces at the location
    • evidence the location is approved for education purposes (9B classification)
    • floor plans that show teaching spaces, amenities, student breakout areas, meeting and staff rooms, library, counselling rooms and any specialist teaching facilities required for any course.

To demonstrate appropriate staff

Note: If your application to change capacity is concurrent with an application to relocate or add a new delivery site and is for the reallocation of capacity (no increase to overall capacity), and you are moving all existing academic and non-academic staff from your previous location to your location, please state this clearly in your application. If TEQSA has previously assessed the appropriateness of staff, no further evidence will be required to assess the appropriateness of staff.

11. State the number of full-time and casual academic staff and non-academic staff (e.g. librarian, admin, IT) and any supporting evidence to show that the number of staff will be appropriate for the projected student numbers.
12. Include data outlining the number of projected overseas and domestic students at the location over the next 3-5 years and supporting evidence to show that the number of staff, and associated resources and support will be appropriate for the projected student numbers, including student to staff ratios. Please use the following template to help communicate your workforce planning and student growth projections: SSR calculation template
13. Include as an attachment to the self-assurance report:
    • a current workforce plan, highlighting plans for recruitment of new staff, staff training and induction.

To demonstrate appropriate student resources and support

Note: If your application is concurrent with an application to relocate or add a new delivery site, and all current student resources and supports will be available at your new location, please state this clearly in your application. If TEQSA has previously assessed the appropriateness of these student resources, no further evidence will be required to assess the appropriateness of resources.

14. Describe IT resources and library resources and facilities available at the location.
15. Outline whether the library is accessible and open for extended hours for ease of student access.
16. List student support services available at the location.
17. Include evidence that student support services including academic support will be sufficient to service the number of students at the location.
18. Include as an attachment to the self-assurance report:
    • the provider’s critical incident policy, including emergency contacts.

Further evidence

When assessing an application to increase overall student capacity, TEQSA considers the extent to which the provider has effective systems for identifying and mitigating key risks in the recruitment of overseas students. This is primarily achieved through the integrity of admissions and student support processes and procedures, and the robust oversight of the effectiveness of mechanisms for monitoring the performance of education agents.

Where a provider meets one or more of the following risk factors, their application will include further evidence demonstrating how it is managing risks associated with overseas student recruitment and admission and management of education agents, and how its governing body is currently assuring itself that the mechanisms it has in place are effective.

Providers should provide further evidence where they:

• are in their first registration cycle, OR
• have an Agency Incompletion Rate or Agency Visa Refusal Rate greater than 5% over the median for all agencies (based on the PRISMS Agency Dashboard), OR
• have received an overall ‘high’ risk to students rating or a ‘high’ rating for student attrition in the most recent TEQSA Provider Risk Assessment, OR
• have a condition imposed on their CRICOS registration.

Frequently asked questions (FAQs)

Can I transfer student capacity between registered locations on CRICOS?

Student capacity is not automatically transferrable between registered locations. TEQSA conducts individual assessments of each registered location to determine suitability of the facilities, including the capacity of the premises in line with its existing approved capacity limits.

If a location is removed from CRICOS, its capacity will be deducted from the provider’s total overseas student capacity. Should a provider wish to increase the capacity of a CRICOS-registered location to accept students from locations removed from CRICOS, a Change student capacity on CRICOS application must be submitted. This application should include sufficient evidence to demonstrate that the space, staff and resources at the location are adequate to accommodate the increase in students.

Further information

For more information or assistance with preparing an application to change student capacity on CRICOS, please contact the CRICOS team at cricos@teqsa.gov.au.

What is CRICOS?

The Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) is the official register of all Australian education providers that are permitted to offer courses to students studying in Australia on student visas. For more information visit the CRICOS website, which lists registered providers and registered courses.

Where can I find information about the ESOS transition to compliance?

In recognition of the impacts of the COVID-19 pandemic, TEQSA approved regulatory flexibility in relation to delivery mode to allow providers to deliver courses online to overseas students. Based on a review of the current situation, TEQSA now expects the sector to transition to compliance with all requirements relating to delivery mode (under the National Code and ELICOS Standards) by 30 June 2023. TEQSA has now published answers to frequently asked questions on the ESOS return to compliance. For any further questions, please contact the CRICOS team at cricos@teqsa.gov.au. 

Who can submit CRICOS applications via the TEQSA Provider Portal?

Your organisation’s Principal Executive Officer can make a request for access to the Portal on behalf of other staff within the organisation. All requests for Portal access should be sent to cricos@teqsa.gov.au and include the names and email addresses of the users to be added. Once the request has been actioned by TEQSA, the new users will receive instructions on how to access the Portal. 

Providers can nominate more than one ESOS Application Contact to have access to the Portal but it is important that these contacts are reviewed regularly to ensure they remain current. Please notify cricos@teqsa.gov.au as soon as possible if Portal access needs to be cancelled, for example if the contact has left the organisation or access is no longer required.  

For further information on using the Portal, access our Provider Portal – Frequently Asked Questions.  

What should I do if I receive an error message or I am unable to upload documents to the TEQSA Provider Portal due to the file size exceeding the limit?

Check that the documents you are trying to upload do not:

• include a file name that exceeds 128 characters in length
• include a file name that contains any special characters 
• exceed the size limit for each file of 10MB.  

For further information on using the Portal, access our Provider Portal – Frequently Asked Questions. 

If you are still unable to upload documentation via the TEQSA Provider Portal please contact cricos@teqsa.gov.au or your assessment manager for assistance. Please do not provide links to drop boxes or other document sharing platforms.

Where can I get help in using PRISMS?

The Department of Education, Skills and Employment has published a Provider User Guide for using the Provider Registration and International Student Management System (PRISMS) which provides step by step instructions for performing various functions.

How do I register an ELICOS course on CRICOS?

In order to deliver an English Language Intensive Courses for Overseas Students (ELICOS) course, your organisation must be a registered higher education provider, or a provider that has an entry arrangement with at least one registered higher education provider. To add an ELICOS course to CRICOS, providers should submit an Add ELICOS on CRICOS application via the TEQSA Provider Portal. The application will be assessed against the requirements of the ESOS Act, the National Code and the ELICOS National Standards.

How do I register a Foundation course?

TEQSA has regulatory responsibility for all Foundation programs. Foundation programs for international students are nationally recognised courses that equip students with the skills for entry into Australian higher education programs. They provide an academic entry pathway to first year undergraduate study or its equivalent.

Please submit an Add Foundation Program/s on CRICOS application.

Foundation programs must comply with requirements set out in the:

• Education Services for Overseas Students Act 2000 (ESOS Act)
• National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018)
• National Standards for Foundation Programs.

Exemption - U17s in Foundation Programs

Providers seeking to apply for an exemption to enrol students under the age of 17 (minimum acceptable age is 16) in a Foundation program, must submit an Application for exemption to enrol students under the age of 17 in Foundation Programs application detailing arrangements in place to support younger students.

The application must meet the necessary requirements, include all information requested and be submitted through the Provider portal. No fees apply for seeking an exemption.

For international students

How do I find out about course availability, admission requirements and fees?

To find out about course availability, admission requirements, associated fees or any other course details or requirements, you should contact your higher education provider directly. TEQSA is not able to provide this information.   

Can TEQSA provide advice about my student visa?

No, TEQSA is not able to give advice on any visa queries nor comment on the impact that individual circumstances may have on particular visas. For all visa enquiries, you should contact the Department of Home Affairs, or seek assistance from a student advisor at your higher education provider.

Further information

For more information or assistance, please see TEQSA’s Application forms and support page, or contact the CRICOS team at cricos@teqsa.gov.au.

Foundation Programs

Foundation Programs for overseas students are nationally recognised courses that provide an academic entry pathway to first-year undergraduate study or its equivalent.

Only education institutions registered under the Education Services for Overseas Students Act 2000 (ESOS Act) and listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) can enrol overseas students to study in Australia on a student visa.

TEQSA has regulatory responsibility for Foundation Programs delivered by registered higher education providers, and Foundation Programs delivered by education providers with an entry arrangement with at least one registered higher education provider. TEQSA is the ESOS agency responsible for registering and renewing registration on CRICOS by these providers.

Foundation Programs must comply with requirements set out in the:

• ESOS Act
• National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018)
• Education Services for Overseas Students (Foundation Program Standards) Instrument 2021 (Foundation Program Standards).

Self-assurance report

TEQSA requires that providers seeking to add a Foundation Program to their CRICOS registration or renew an existing Foundation Program submit a self-assurance report.

A self-assurance report is an opportunity for providers to demonstrate the effectiveness of their self-assurance mechanisms.

The self-assurance report should consist of no more than 5 pages outlining how the provider’s governing body assures itself of the quality of its education operations in relation to its Foundation Program, and that it meets and will continue to meet the requirements of the ESOS Act, the National Code 2018 and the Foundation Program Standards.

Note: All claims made in the self-assurance report must be substantiated by evidence, with reference to specific supporting documents in-text. Wherever possible, supporting evidence should be directly accessible via in-text hyperlinks, included as attachments to the report where specified, or otherwise listed in an index for later submission on request.

Adding a new Foundation Program

As part of the self-assurance report, providers wishing to add a new Foundation Program to CRICOS should:

1. Provide evidence of how risks have been identified, managed and mitigated, and how the provider will manage these risks going forward, including areas for continuous improvement, and associated actions and measures to monitor success.
2. Demonstrate how the provider manages key sector risks in the following areas:

Note: TEQSA expects that providers specialising in the delivery of Foundation Programs will adapt advice addressed to the higher education sector to the needs of their student cohort.

3. Outline the findings, actions arising, and resulting outcomes of at least one review by a suitably qualified discipline expert that verifies that the course is compliant with the Foundation Programs Standards. A copy of the review should be included as an attachment to the self-assurance report. See the section Commissioning a review of compliance with the Foundation Program Standards below for further information.
4. Provide evidence of the course’s approval and oversight through the provider’s internal quality assurance mechanisms.
5. Outline whether the program is delivered as a standard or extended Foundation Program.
6. Outline whether the program is delivered as a streamed or generalist program.
7. Verify that the scheduled English language hours are compliant with requirements under Standard 5 of the Foundation Programs Standards.
8. Provide evidence of the formal measures the provider has implemented to ensure that assessment outcomes for the English language subjects are comparable to other criteria used for admission to the available higher education pathways, or for admission to other similar courses of study.

Renewing an existing Foundation Program

TEQSA requires CRICOS-registered providers who deliver Foundation Programs to apply for re-accreditation of their Foundation Program(s) at the same time they are applying to renew their CRICOS registration. For these providers, the application to renew their Foundation Program(s) is integrated into the application to renew their CRICOS registration.

These providers will submit 2 self-assurance reports as part of their CRICOS renewal: one focused on the CRICOS re-registration requirements, and the other on the Foundation Program requirements.

• Access further information on applying for CRICOS renewal

As part of the self-assurance report, providers wishing to renew a Foundation Program should:

1. Provide evidence of how risks have been identified, managed and mitigated, and how the provider will manage these risks going forward, including areas for continuous improvement, and associated actions and measures to monitor success.
2. Demonstrate how the provider manages key sector risks in the following areas:

Note: TEQSA expects that providers specialising in the delivery of Foundation Programs will adapt sector-wide advice to the specific needs of their students.

3. Outline the findings, actions arising, and resulting outcomes of at least one review by a suitably qualified discipline expert that verifies that the course is compliant with the Foundation Programs Standards. A copy of the review should be included as an attachment to the self-assurance report. See the section Commissioning a review of compliance with the Foundation Program Standards below for further information.
4. Provide evidence of the course’s approval and oversight through the provider’s internal quality assurance mechanisms.
5. Outline whether the program is delivered as a standard or extended Foundation Program.
6. Outline whether the program is delivered as a streamed or generalist program.
7. Verify that the scheduled English language hours are compliant with requirements under Standard 5 of the Foundation Programs Standards.
8. Provide evidence of the formal measures the provider has implemented to ensure that assessment outcomes for the English language subjects are comparable to other criteria used for admission to the available higher education pathways, or for admission to other similar courses of study.
9. Outline any changes that have been made to the Foundation Program since it was last approved by TEQSA or another ESOS agency:
   
   1. where the provider has made significant changes that entail any of the following, if the changes are to be implemented at the time of reregistration the provider is to outline those changes, and the rationale for their implementation:
      
      1. changes, whether incremental or at one time, to more than 25% of the total number of course units or subjects from the time the Foundation Program was last approved by the ESOS agency for the provider
      2. substantial variations to course delivery, or
      3. substantial changes to course nomenclature, duration, entry requirements, outcomes or structure.
   2. where the provider has made any other changes, the provider will need to submit evidence of their approval by the provider’s academic board.

If significant changes are made to courses at any other time, providers are reminded of their obligation to notify TEQSA via a material change notification outlining the changes, and the rationale for those changes. See TEQSA’s website for further advice on notifications required of CRICOS-registered providers.

Commissioning a review of compliance with the Foundation Program Standards

TEQSA strongly encourages providers to commission a review by a suitably qualified discipline expert to verify their Foundation Programs’ compliance with the ESOS Act, the National Code 2018 and the Foundation Program Standards. Commissioning a review can be an effective way for a provider to check that the design of their Foundation Program and their institutional policies, procedures and practice are fit for purpose.

The engagement of an independent expert should be seen primarily as an opportunity to contribute to self-assurance and the continuous improvement of the organisation, rather than a method to meet TEQSA or other requirements. TEQSA expects providers can show how they have reflected on the recommendations made and identified and implemented improvements, both of which are critical elements of a healthy self-assurance and quality improvement process.

Reviewers’ professional experience and qualifications should match the requirements of the review task, and reviewers should be briefed before the assignment and given clear specifications for the task. TEQSA has prepared a sample brief for reviewers, to indicate our expectations in relation to the scope of the review.

• Access the Foundation sample review brief
• Access the sector update: Engaging an independent expert to undertake a review

Application for exemption to enrol students under the age of 17 in Foundation Programs

Providers seeking to apply for an exemption to enrol students under the age of 17 (minimum acceptable age is 16) in a Foundation Program must apply to TEQSA detailing arrangements in place to support younger students.

The application must meet the regulatory requirements, include all requested information, and be submitted through the provider portal. If approved, the exemption will be aligned with the provider’s CRICOS registration, and valid until the CRICOS registration end date. No fees apply for seeking an exemption.

More details on accessing the application forms can be obtained by emailing cricos@teqsa.gov.au.

Further information

For more information or assistance with applying to add a Foundation Program to CRICOS, please contact the CRICOS team at cricos@teqsa.gov.au. 

ELICOS courses

English Language Intensive Courses for Overseas Students (ELICOS) courses are nationally recognised and provide solely or mostly English language instruction to help overseas students improve their English. This may be for work or career purposes, personal interest, travel, or to prepare them to continue their education in English, either in Australia or elsewhere.

Only education institutions registered under the Education Services for Overseas Students Act 2000 (ESOS Act) and listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) can enrol overseas students to study in Australia on a student visa.

TEQSA has regulatory responsibility for ELICOS courses delivered by registered higher education providers, and ELICOS courses delivered by education providers with an entry arrangement with at least one registered higher education provider. TEQSA is also the ESOS agency responsible for registering and renewing registration on CRICOS by these providers.

ELICOS courses must comply with requirements set out in the:

• ESOS Act
• National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018)
• ELICOS Standards 2018 (ELICOS Standards).

Where there is an arrangement in place for an overseas student to enter a tertiary course directly following successful completion of the ELICOS course, providers must demonstrate that assessment outcomes for overseas students are comparable to other English language criteria used for admission to that tertiary course.  For more information, see TEQSA’s ELICOS direct entry guide.

While there are non-statutory organisations that provide professional accreditation, professional development, quality assurance reviews and other services supporting the standard of English language teaching in Australia, only an Australian Government ESOS agency can approve providers to deliver ELICOS courses to overseas students who are in Australia on a student visa.

TEQSA strongly encourages providers applying to accredit a new course or to renew accreditation for their ELICOS course to engage independent expert advice.

TEQSA expects that ELICOS providers can demonstrate how they are ensuring their management, teaching, marketing and administration staff are engaged with contemporary, best-practice approaches to educational and professional outcomes, reflecting an up-to-date knowledge of significant developments in theory and practice in English language training.

Self-assurance report

TEQSA requires that providers seeking to add an ELICOS course to their CRICOS registration or renew an existing ELICOS course submit a self-assurance report.

A self-assurance report is an opportunity for providers to demonstrate the effectiveness of their self-assurance mechanisms.

The report should consist of no more than 5 pages outlining how the provider’s governing body assures itself of the quality of its education operations in relation to its ELICOS course, and that it meets and will continue to meet the requirements of the ESOS Act, the National Code 2018 and the ELICOS Standards.

Note: All claims made in the self-assurance report must be substantiated by evidence, with reference to specific supporting documents in-text. Wherever possible, supporting evidence should be directly accessible via in-text hyperlinks, included as attachments to the report where specified, or otherwise listed in an index for later submission on request.

Adding a new ELICOS course

As part of the self-assurance report, providers wishing to add a new ELICOS course to CRICOS should:

1. Provide evidence of how risks have been identified, managed and mitigated, and how the provider will manage these risks going forward, including areas for continuous improvement, and associated actions and measures to monitor success.
2. Demonstrate how the provider manages key sector risks in the following areas:

Note: TEQSA expects that providers specialising in the delivery of ELICOS courses will adapt sector-wide advice to the specific needs of their students.

3. Outline the findings, actions arising, and resulting outcomes of at least one review by a suitably qualified discipline expert that verifies that the course is compliant with the ELICOS Standards. A copy of the review should be included as an attachment to the self-assurance report. See the section Commissioning a review of compliance with the ELICOS Standards below for further information.
4. Provide evidence of the course’s approval and oversight through the provider’s internal quality assurance mechanisms.
5. Demonstrate that the ELICOS Course meets the minimum requirement of 20 hours face-to-face scheduled course contact per week, as well as any other study requirements and any scheduled breaks.
6. Verify that policies and procedures related to study arrangements for students under the age of 18 comply with the National Code 2018.
7. Outline that facilities and operations for any mixed-age student cohorts are designed to meet the needs of students of different ages, maturity and levels of English language proficiency.
8. Outline access to services, learning opportunities, facilities and equipment that address students’ English language learning needs.
9. Demonstrate that course materials and tutoring are tailored to meet student learning requirements, taking into account the differing levels of students’ age and maturity.
10. Provide evidence of the formal measures the provider has implemented to ensure that assessment outcomes for the English language subjects are comparable to other criteria used for admission to the available higher education pathways, or for admission to other similar courses of study.

Renewing an existing ELICOS course

TEQSA requires CRICOS-registered providers who deliver ELICOS courses to apply for re-accreditation of their ELICOS course(s) at the same time they are applying to renew their CRICOS registration. For these providers, the application to renew their ELICOS course(s) is integrated into the application to renew their CRICOS registration. These providers will submit 2 self-assurance reports as part of their CRICOS renewal: one focused on the CRICOS re-registration requirements, and one focused on the ELICOS requirements.

Providers wishing to renew an ELICOS course should follow the same requirements in preparing the self-assurance report as when applying to add a new ELICOS course to CRICOS.

Commissioning a review of compliance with the ELICOS Standards

TEQSA strongly encourages providers to commission a review by a suitably qualified discipline expert to verify their ELICOS courses’ compliance with the ESOS Act, the National Code 2018 and the ELICOS Standards. Commissioning a review can be an effective way for a provider to check that the design of their ELICOS course and their institutional policies, procedures and practices are fit for purpose.

The engagement of an independent expert should be seen primarily as an opportunity to contribute to self-assurance and the continuous improvement of the organisation, rather than a method to meet TEQSA or other requirements. TEQSA expects providers can show how they have reflected on the recommendations made and identified and implemented improvements, both of which are critical elements of a healthy self-assurance and quality improvement process.

Reviewers’ professional experience and qualifications should match the requirements of the review task, and reviewers should be briefed before the assignment and given clear specifications for the task. TEQSA has prepared a sample brief for reviewers, to indicate TEQSA’s expectations in relation to the scope of the review.

• Access the ELICOS sample reviewer brief
• Access the sector update: Engaging an independent expert to undertake a review

Further information

For more information or assistance with applying to add an ELICOS course to CRICOS, please contact the CRICOS team at cricos@teqsa.gov.au.