In an event that a non-exempt registered higher education provider fails to commence or ceases to deliver a unit and/or course to their students (that is, the provider “defaults”), that provider has responsibilities under three different mechanisms depending on whether the student is an overseas student, a domestic student accessing Higher Education Loan Program (HELP) loans, or a domestic up-front fee-paying student. These mechanisms are summarised in the table below.

Mechanisms covering different types of students

International student	Education Services for Overseas Students Act 2000 (ESOS Act)
FEE-HELP or HECS-HELP student	Higher Education Support Act 2003 (HESA)
Domestic up-front fee-paying	Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)

Providers with overseas and/or HELP students are already part of the tuition protection scheme. Regarding overseas students, providers should refer to Sections 46B and 46D of the ESOS Act for their specific obligations in the event of a default. For FEE HELP and HECS HELP students, providers¹ should refer to Part 5-1A of HESA for their obligations in the event of a default.

As of 1 January 2021, there are new requirements for providers² regarding domestic students who pay their tuition fees up-front. Providers must pay any tuition protection levies (and any late payment penalty), keep records for tuition protection purposes, and disclose tuition protection information and documents to the Department of Education. Providers must also comply with certain obligations in the case of a default such as to provide a refund or alternate suitable unit and/or course replacement within 14 days to their students affected by the provider default.

Providers are also required to report certain information in the approved form under Section 12 of the Tuition Protection (Up-front Payments Guidelines) 2020. The approved form is available from the Department of Education (TPS).

Relevant TEQSA requirements 

Part 5A of the TEQSA Act sets out tuition protection arrangements for domestic up-front fee-paying students. It is a condition of registration for private higher education providers to meet the tuition protection requirements, including reporting student information and student notification requirements.

The Higher Education Standards Framework (Threshold Standards) 2015 (HES Framework) contains obligations under Standard 6.2.1 for providers to ensure there are credible business continuity plans and adequately resourced financial and tuition safeguards to mitigate disadvantage to students who are unable to progress in a course of study due to unexpected changes to the higher education provider’s operations.

The TPS alone does not fulfil this obligation and is not a replacement for it. For further advice on financial and tuition safeguards and implications of the new scheme for your context, contact the TEQSA Enquiries Management team at providerenquiries@teqsa.gov.au.

Table A providers (i.e. public universities), TAFEs and other government owned providers are exempt from the requirements relating to the up-front payments tuition protection arrangements, except for obligations relating to providing information about replacement courses (section 62N of TEQSA Act) and obligations of replacement providers (Section 62P and 62Q of the TEQSA Act). Further, they are still required to have arrangements for financial and tuition safeguards as per Standard 6.2.1 of the HES Framework. 

Key links

• Tuition Protection Service
• Privacy statement
• Information for providers

Notes

1. 'Table A' Universities, TAFEs and other Government-owned providers are exempt from the tuition protection arrangements for HELP students, except for obligations relating to providing information about replacement courses (section 166-27 of HESA) and obligations of replacement providers (Sections 166-30 and 166-32 of HESA)
2. 'Table A' Universities, TAFEs and other Government-owned providers are exempt from the tuition protection arrangements for domestic up-front fee-paying students, except for obligations relating to providing information about replacement courses (section 62N of TEQSA Act) and obligations of replacement providers (Section 62P and 62Q of the TEQSA Act).

What is a material change notification?

A material change notification is how providers ensure timely disclosure of events that happen or are likely to happen that will significantly affect a provider’s ability to comply with the Higher Education Standards Framework (Threshold Standards) 2021 (HES Framework) or that will require changes to the National Register.

TEQSA understands that serious incidents and changes will happen. When something serious happens TEQSA has an important role in assuring that providers respond appropriately and that students and quality are not adversely affected.

Notifications do not constitute an application for approval to implement changes, as approval is not required. However, TEQSA will follow up if it considers there is a risk of non-compliance with Standards in the HES Framework.

Providers subject to the Education Services for Overseas Students Act 2000 (ESOS Act) and National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) should be mindful of any notification and application requirements arising from changes in circumstances under the ESOS Act. Information about notifications and approvals required under the ESOS Framework can be found on the TEQSA website. Providers should use the relevant CRICOS change form to notify TEQSA of any changes that require notification under the ESOS Act.

Why material change notifications are important

Notifying TEQSA of material changes is important for the following reasons:

• It is an obligation under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)
  • Section 29(1)(a) of the TEQSA Act requires that a registered higher education provider must notify TEQSA if an event happens or is likely to happen that will significantly affect the provider’s ability to meet the HES Framework.
  • Section 29(1)(b) of the TEQSA Act requires that a registered higher education provider must notify TEQSA an event that will require the Register to be updated in respect of the provider.
  • Section 29(2) of the TEQSA Act requires that the notification must be given no later than 14 days after the day the provider would reasonably be expected to have become aware of the event.
• For CRICOS-registered providers, it is an obligation under the Section 17A of the ESOS Act to notify TEQSA of certain changes. These are listed on the TEQSA website: Notifications and Approvals Required of CRICOS Registered Providers.
• Reporting gives TEQSA assurance that the provider is identifying and responding to risks
  Information provided as part of a material change notification provides TEQSA with insight about how the provider has identified risks and is responding to and managing these risks. Where TEQSA has confidence that risks are being managed, there may be no need for any further action by TEQSA. A well-documented notification also enables TEQSA to better understand and address any concerns we receive in relation to the changes.
• TEQSA may need to provide regulatory advice or guidance
  Timely notification allows TEQSA to identify any potential issues or concerns at an early stage and, where appropriate, provide further advice or guidance to providers to ensure continued compliance with the HES Framework. TEQSA is confident that most providers are willing and able to be compliant, or to take actions to achieve compliance, when risks or concerns are identified.
  
  While TEQSA’s principal objective is to encourage and facilitate voluntary compliance, TEQSA will, where necessary, take enforcement action. In deciding what response is appropriate, TEQSA will take into consideration several factors, including whether the provider has complied with its duty to notify, and any proactive action the provider has taken to address the non-compliance. For more information see TEQSA’s approach to compliance and enforcement.
• Reporting allows TEQSA to monitor risks across the sector
  The information collected through material change notifications gives TEQSA an insight into risks that may have an impact on multiple providers or the sector as a whole and to provide appropriate advice and guidance to providers on potential and emerging risks.   

What changes require notification 

Providers are required to notify TEQSA if an event happens or is likely to happen that will significantly affect the provider’s ability to meet the HES Framework.

Beyond areas listed in paragraph 8 of TEQSA’s material change notification policy, what constitutes ‘significant’ will depend on the individual circumstances of the provider, taking into account students, operations, finances, and reputation. It is the responsibility of each provider to decide whether an incident poses a significant risk or threat to its ability to comply with the HES Framework.

When deciding whether or not a change requires reporting to TEQSA, providers should consider:

• The impact of the change. Who and what has been, or may be in the future, impacted by the change? For example, does the change pose a risk to students or the provider’s financial viability?
• The risks and potential consequences. Does the change pose a risk to the provider’s ability to meet the HES Framework or continue its current operations?
• The nature of the change. Is the change a one-off event, or is it a result of, or could lead to, more systemic or ongoing risks? 

Providers are required to notify TEQSA of a material change even when the risks associated with the change have been mitigated. This gives TEQSA assurance that the provider is identifying and responding to risks and enables TEQSA to address any concerns we receive in relation to the changes.

The guidance below shows types of events that should and shouldn’t be reported to TEQSA. This is not a definitive list but is indicative only.

Event or change	Notification IS required	Notification is NOT required
Financial standing	A major shareholder enters into administration. Why? There is a risk to continued operation and quality of the student experience (Standards 6.2.1c-d)	A provider institutes a change to an accounting period for financial reporting.
Reputation/Good standing	A provider is advised of an unscheduled compliance audit by another regulator. Why? There is a risk that the provider is not complying with all legislative requirements (Standard 6.2.1a)	A provider becomes aware that a public interest disclosure has occurred.
Corporate Governance	There are changes to the membership of a governing body in a provider not established or recognised by Acts of Parliament. Why? There is a risk to a provider’s corporate governance (Domain 6)	The terms of reference or delegations for a governing the corporate board are updated and not as a result of a change in ownership.
Academic Governance	There is a change to the chair of the Academic Board in a provider not established or recognised by Acts of Parliament.	A change in membership to the Academic Board.
Academic Integrity	A contract cheating incident involving multiple students, that suggests a systemic or widespread issue, is discovered. Why? There is a risk to academic integrity (Section 5.2, Standards 6.2.1j, 6.3.2d)	A single instance of contract cheating is identified.
Safety and wellbeing	An investigation into a sexual assault on campus identifies failures in policies and processes designed to protect students. Why? There is a risk to wellbeing and safety (Standard 2.3)	A student is injured on campus. The incident is managed by staff following the provider’s relevant policies and procedures.
Third party arrangements	The addition of a new third-party provider or a provider becomes aware of serious mismanagement by a third-party provider. Why? There is a risk to the quality of the student experience (Section 5.4, Standards 6.2.1i, 6.2.1k)	Delivery arrangements with a third party have been amended and the change will not significantly impact the ability of the higher education provide to meet the HES Framework.
Courses	A provider fails to obtain professional accreditation for a course of study. Why? There is a risk that students may not complete the course in the expected timeframe or be eligible to practise (Section 3.1, Standards 6.2.1i, 7.2.4)	Major changes to a course have been made, including changes to the requirements for completing a course. Why? This requires a course accreditation application.
Information security	A phishing attack disrupts a provider’s IT systems and key services. Why? There is a risk to information security which could compromise operations (Standard 7.3.3)	Personal information relating to one student is disclosed without authorisation and corrective action is implemented immediately.

Changes that require an update to the National Register through an MCN 

Providers must notify TEQSA of any of the following changes that require an update to the National Register:

• any change to the name of the legal entity
• any change to the ABN
• any change to the business or trading name
• any change to the details of the provider’s head office
• any change to the provider’s website address
• any change in the name of a course of study

How to submit a notification and what to provide

TEQSA expects providers to submit material change notifications no later than 14 days after the day that the provider would reasonably be expected to have become aware of the event.

CRICOS registered providers should be aware of different timelines for reporting changes. These are outlined at Notifications and approvals required of CRICOS registered providers.

• Notifications must be submitted via email to materialchanges@teqsa.gov.au
• The notification should include information such as:
  • Details of the change, including when the event happened or will happen, and which standards within the HES Framework it relates to
  • Whether the change is temporary or ongoing
  • How the provider is managing the change and mitigating any associated risks to ensure continued compliance with the HES Framework
  • For unanticipated events, details about how and when the event was detected and whether there was a failure of existing controls to detect and mitigate the risk of non-compliance
  • Details of the internal approval process for the change (if applicable)
  • In the case of changes to a course of study, the provider should include the rationale used to assure itself that the changes do not constitute a new course of study requiring an initial accreditation application
  • Evidence that the relevant body (e.g. the governing body, the audit and risk committee or Academic Board) has been advised of the event and consulted on mitigation plans.
• In the event of multiple changes taking place at the same time, only one consolidated notification is required
• There is no fee for submitting a material change notification.

Once notification is received by TEQSA

Providers will receive email confirmation from TEQSA that the notification has been received. TEQSA will contact the provider if any additional information or clarification is required.

Dual-sector providers

TEQSA is aware that dual-sector providers are also required to notify ASQA of material changes and that ASQA has different reporting requirements. TEQSA and ASQA are working together to try to minimise the difference in the reporting requirements between the two regulators.

More information

For more information on TEQSA’s approach to Material change notifications, view our Material change notification policy and Notifications and approvals required of CRICOS registered providers.

Contact

If you have any questions regarding material change notifications, please email materialchanges@teqsa.gov.au and CC in the TEQSA Enquiries Management team at providerenquiries@teqsa.gov.au.

As an Australian Government-controlled not-for-profit entity, TEQSA is required to publish certain financial documents.

You can access current financial statements in the most recent annual report.

Procurement

TEQSA’s procurement policies and practices are consistent with all relevant Australian Government laws, the Commonwealth financial framework (including the Commonwealth Procurement Rules), and other applicable policies.

Tenders and major planned procurement

TEQSA advertises all tenders and all major planned procurement on the Australian Government tendering website, AusTender.

General purchase order conditions

The general conditions by which TEQSA (‘The Commonwealth’) enters into an agreement with a provider for the purchase of goods and/or services.

Read the General purchase order conditions (DOC)

Senate Order on entity contracts

On 20 June 2001, the Senate agreed to an Order requiring each Minister to table a letter advising that a list of contracts in respect of each entity administered by that Minister has been placed on the Internet with access to the list through the entity homepage. The letter must be tabled no later than two calendar months after the end of the calendar and financial years.

An amendment to the Order of 14 May 2015 requires all procurement contracts be listed in a report on the AusTender website, with non-procurement contracts to be listed on entity websites.

Commencing with the 2014-15 financial year report, non-corporate Commonwealth entities will use AusTender to satisfy the requirements of the senate order with respect to procurement contracts only. A listing of procurement contracts is available through the Senate Order page on the AusTender website.

Senate Order listing

• TEQSA Senate Order for entity contracts 2024–25
• TEQSA Senate Order for entity contracts 2024 listing
• TEQSA Senate Order for entity contracts 2023–24
• TEQSA Senate Order for entity contracts 2023 listing
• TEQSA Senate Order for entity contracts 2022–23 financial year listing

Procurement complaints

General procurement complaints

To lodge a general complaint about any procurement conducted by TEQSA or if you believe TEQSA has breached Commonwealth Procurement Rules, please email procurement@teqsa.gov.au attaching copies of all relevant documents.

To help us resolve your complaint quickly, please include the following information in your written submission:

• your name, supplier business name, ABN, address, phone and email address
• details of the procurement, including the service, estimated contract value, relevant times and dates, AusTender ID and UNSPSC code (if known)
• a factual and concise outline of your complaint and any Commonwealth Procurement Rules you believe we breached
• any other information, documents or evidence to support your complaint.

When we receive your complaint we:

• acknowledge we’ve received it
• investigate and work with you to resolve the issue within 10 days
• let you know if it will take longer.

If you are happy with the outcome, we’ll close the matter and consider it resolved.

If you are not happy with the outcome, you can raise it with the Australian Government procurement coordinator or Commonwealth Ombudsman.

Complaints under the Government Procurement (Judicial Review) Act 2018 (GPJR Act)

The Government Procurement (Judicial Review) Act 2018 (the Act) establishes an independent complaint mechanism for government procurement processes. The Act requires the accountable authorities of relevant Commonwealth entities to formally investigate complaints that are made in accordance with the Act, and to suspend procurements during the investigation of a complaint under the Act, unless a public interest certificate is in place. The Act also places obligations on suppliers to take reasonable steps to resolve a complaint with the relevant Commonwealth entity before taking action in the Federal Circuit Court.

Procurement covered under the Act:

• goods and/or services at or above $80,000 (GST inc)
• construction services at or above $7.5 million (GST inc) not covered by an exemption.

If you believe the agency has breached Commonwealth Procurement Rules, you can make a complaint by email to procurement@teqsa.gov.au.

When we receive your complaint we:

• acknowledge we’ve received it
• assess whether it meets the criteria under the Act
• if appropriate, suspend the procurement unless a public interest certificate is issued
• investigate and work with you to resolve the issue within 10 days
• let you know if it will take longer.

At the end of the process, you will receive a report on the outcome of the investigation.

You can also apply to the court for an injunction or compensation under the Act. Please note that you need to submit a complaint with us first and show how the breach affected your interests.

Topic-specific information

• For guidance on the Act, please refer to Resource Management Guide No: 422 - Handling complaints on the Department of Finance website.
• Read more about Commonwealth Procurement Rules and exemptions on the Department of Finance website.

TEQSA legal services expenditure

TEQSA legal services expenditure for 2023–24

• External Legal Services expenditure: $386,417
• Internal Legal Services expenditure: $835,039
• Total (External + Internal) expenditure: $1,221,456

TEQSA legal services expenditure for 2022–23

• External Legal Services expenditure: $371,831
• Internal Legal Services expenditure: $707,021
• Total (External + Internal) expenditure: $1,078,852

TEQSA legal services expenditure for 2021–22:

• External Legal Services expenditure: $453,105
• Internal Legal Services expenditure: $695,127
• Total (External + Internal) expenditure: $1,148,232

TEQSA legal services expenditure for 2020–21:

• External Legal Services expenditure: $392,738
• Internal Legal Services expenditure: $733,271
• Total (External + Internal) expenditure: $1,126,009

TEQSA legal services expenditure for 2019–20:

• External Legal Services expenditure: $194,149
• Internal Legal Services expenditure: $695,426
• Total (External + Internal) expenditure: $889,575

TEQSA legal services expenditure for 2018–19:

• External Legal Services expenditure: $337,359
• Internal Legal Services expenditure: $657,430
• Total (External + Internal) expenditure: $994,789

TEQSA legal services expenditure for 2017–18:

• External Legal Services expenditure: $420,135
• Internal Legal Services expenditure: $618,686
• Total (External + Internal) expenditure: $1,038,821

TEQSA legal services expenditure for 2016–17:

• External Legal Services expenditure: $259,118
• Internal Legal Services expenditure: $503,358
• Total (External + Internal) expenditure: $762,476

TEQSA legal services expenditure for 2015–16:

• External Legal Services expenditure: $114,082
• Internal Legal Services expenditure: $558,490
• Total (External + Internal) expenditure: $672,572

TEQSA legal services expenditure for 2014–15:

• External Legal Services expenditure: $130,010
• Internal Legal Services expenditure: $417,772
• Total (External + Internal) expenditure: $547,782

TEQSA legal services expenditure for 2013–14:

• External Legal Services expenditure: $59,997
• Internal Legal Services expenditure: $463,004
• Total (External + Internal) expenditure: $523,001

TEQSA legal services expenditure for 2012–13:

• External Legal Services expenditure: $79,613
• Internal Legal Services expenditure: $472,972
• Total (External + Internal) expenditure: $552,585

 TEQSA legal services expenditure for 2011–12:

• External legal services expenditure: $48,552
• Internal legal services expenditure*: $263,529
• Total Legal Services expenditure: $312,081

* Internal expenditure includes direct and indirect costs related to TEQSA’s internal legal services.

Executive Remuneration Reporting

Executive Remuneration Reporting is now published in our annual report.

2017-18 Executive Remuneration Reporting

The following tables outline the remuneration of substantive TEQSA executives employed during the 2016-17 and 2017-18 financial years.

Table A (2017-18)

Remuneration paid to executives during the reporting period 2017-18

Total Remuneration	Executives No.	Average Reportable Salary	Average Contributed Superannuation	Average Allowances	Average Bonus Paid	Average Total Remuneration
		$	$	$	$	$
$200,000 and less	8	133,403	19,820	-	-	153,223
$250,001 to $275,000	1	238,718	22,678	-	-	261,396
$400,001 to $425,000	1	424,741	-	-	-	424,741
Total number of executives	10

Published on 31 July 2018

Table B (2017-18)

Remuneration paid to other highly paid staff in reporting period 2017-18

TEQSA did not have other highly paid staff with reportable remuneration of $200,001 or more in the reporting period 2017-18.

Table A (2016-17)

Remuneration paid to executives during the reporting period 2016-17

Total Remuneration	Executives No.	Average Reportable Salary	Average Contributed Superannuation	Average Allowances	Average Bonus Paid	Average Total Remuneration
		$	$	$	$	$
$200,000 and less	6	144,609	21,389	-	-	165,998
$200,001 to $225,000	1	173,108	32,649	-	-	205,757
$225,001 to $250,000	1	208,839	19,840	-	-	228,679
$375,001 to $400,000	1	380,299	9,962	-	-	390,261
Total number of executives	9

Table B (2016-17)

Remuneration paid to other highly paid staff in reporting period 2016-17

TEQSA did not have other highly paid staff with reportable remuneration of $200,001 or more in the reporting period 2016-17.

Key requirements/definitions

The 'reportable salary' column is prepared on a cash basis using reportable salary as defined as the sum of:

1. gross payments (including bonuses)
2. reportable fringe benefits (net amount)
3. reportable employer superannuation

as reported in an individual's payment summary.

The 'contributed superannuation' column is prepared on a cash basis using contributed superannuation as defined as follows:

• for individuals that are in a defined contribution scheme (e.g. PSSap), "contributed superannuation" should include the defined contribution amounts. This amount is typically located on the individual's payslips
• for individuals that are in a defined benefit scheme (e.g. PSS and CSS), "contributed superannuation" should include the Notional Employer Contribution Rate (NECR) amount, Employer Productivity Superannuation Contribution (also known as the Productivity Component) and any Additional Lump Sum Contribution paid during the financial reporting period.

This information is reported under Executive Remuneration Reporting Guidelines set out by the Department of Prime Minister and Cabinet.

In the course of official duties, the agency head of TEQSA received the following gifts and/or benefits where the value exceeds the stipulated threshold of $AUD100.00 (excluding GST).

18 October 2019 to 7 August 2025

Date received	Date recorded	Gift item/benefit/service	Received by (agency contact if not received directly by agency head)	Presented by (giver’s name, organisation / country)	Occasion	Estimated value in $A (wholesale value in country of origin or current market value in Australia)
-	-	-	-	-	-	-

 

This practical workshop seeks to support Australian higher education providers in strengthening their institutional action plan to address the risks generative artificial intelligence (gen AI) poses to assessment integrity, while also considering the opportunities.

To attend a free, online workshop providers are asked to nominate a minimum delegation of 2, and a maximum of 6, who can attend from the same location.

Institutions should nominate a lead representative to register on behalf of all members of their delegation (each individual member of the delegation does not need to register). Please register for 1 session only.

2025 workshop schedule

Note: this is a single workshop, not a series.

Session, 21 August (morning) - fully booked

• Register for Thursday 21 August: 9:00am – 12:00pm (AEST)

or

Session, 21 August (afternoon) - fully booked

• Register for Thursday 21 August: 1:00pm – 4:00pm (AEST)

or

Session, 26 August (morning) - fully booked

• Register for Tuesday 26 August: 9:00am – 12:00pm (AEST)

or

Session, 26 August (afternoon) - fully booked

• Register for Tuesday 26 August: 1:00pm – 4:00pm (AEST)

or

Session, 27 August (morning) - fully booked

• Register for Wednesday 27 August: 9:00am – 12:00pm (AEST)

or

Session, 27 August (afternoon) - fully booked

• Register for Wednesday 27 August: 1:00pm – 4:00pm (AEST)

or

Session, 28 August (morning) - fully booked

• Register for Thursday 28 August: 9:00am – 12:00pm (AEST)

or

Session, 28 August (afternoon) - fully booked

• Register for Thursday 28 August: 1:00pm – 4:00pm (AEST)