Registration and Accreditation 25 October 2021
Report on registration of Mpika Holdings Pty Ltd trading as Churchill Institute of Higher Education
TEQSA has agreed to orders made by the Administrative Appeals Tribunal (AAT) under which Mpika Holdings Pty Ltd (Mpika) trading as Churchill Institute of Higher Education is registered in the provider category of Institute of Higher Education pursuant to section 21 of the Tertiary Education Quality and Standards Agency Act 2011 (the TEQSA Act) until 26 October 2026.
The AAT orders also provide for the accreditation of the Bachelor of Business course of study to be offered by Mpika, pursuant to section 49 of the TEQSA Act, until 26 October 2026.
Two conditions have been imposed on Mpika's registration under section 32 of the TEQSA Act, and one condition on its course accreditation under section 53 of the TEQSA Act. A copy of the conditions is available in Attachment 1.
Background
Mpika applied to TEQSA for registration in the category of Higher Education Provider under Part 3 of the TEQSA Act.
An assessment team considered Mpika's application and provided a draft assessment report with details of the assessment of the application to TEQSA's Commission. TEQSA's Commission considered Mpika's response to the draft report and made a decision to reject Mpika's application for registration on 10 December 2020, on the basis that it was not satisfied that Mpika met the Higher Education Standards Framework (Threshold Standards) 2015.
Mpika applied for review of TEQSA's decision in the AAT. In the course of the proceedings, Mpika made submissions and provided further information and evidence about the matters raised in TEQSA's decisions.
It is well established that absent a specific legislative provision to the contrary, the AAT is generally required to make a decision on review based on the evidence available at the time of the AAT's decision on review, and that the AAT is not confined to the evidence available at the time of the primary decision. Accordingly, TEQSA accepted that the AAT was required to take account of the further material submitted to TEQSA after TEQSA had rejected Mpika's applications.
Main reasons for the decision
After reviewing the further material submitted by Mpika, TEQSA was satisfied that Mpika meets the Threshold Standards. However, TEQSA considered that there remained a number of risks related to Mpika's capacity to meet the Threshold Standards in the future.
On this basis, TEQSA agreed that it was appropriate to substitute TEQSA's initial rejection of the applications with decisions to register Mpika until 26 October 2026, and to accredit Mpika's Bachelor of Business course for the same period. TEQSA also agreed it was appropriate to impose two conditions on Mpika's registration, and one condition on its course accreditation.
The conditions are designed to address the following requirements of the Higher Education Standards Framework:
- Risks to higher education operations have been identified and material risks are being managed and mitigated effectively (Standard 6.2.1)
- The provider is financially viable and applies, and has the capacity to continue to apply, sufficient financial and other resources to maintain the viability of the entity and its business model, to meet and continue to meet the requirements of the Threshold Standards to achieve the provider's higher education objectives and performance targets and to sustain the quality of higher education that is offered (Standard 6.2.1)
- Methods of assessment are consistent with the learning outcomes being assessed, are capable of confirming that all specified learning outcomes are achieved and that grades awarded reflect the level of student attainment (Standard 1.4.3)
- On completion of a course of study, students have demonstrated the learning outcomes specified for the course of study, whether assessed at unit level, course level, or in combination (Standard 1.4.4).
TEQSA is satisfied that the conditions will provide an appropriate framework for TEQSA to oversee Mpika's approach to dealing with these issues.
Application to withdraw conditions
In accordance with sections 32 and 53 of the TEQSA Act, TEQSA may vary or revoke a condition imposed on the registration and accreditation of a course of study of a higher education provider, either on its own initiative, or upon application by the provider for variation or revocation.
ATTACHMENT 1
Pursuant to subsection 32(1) of the TEQSA Act, the following conditions are imposed on the registration of Mpika as a higher education provider under the TEQSA Act:
Condition 1: Risk identification and mitigation
- Mpika must not enter into an articulation arrangement, or an arrangement to provide block credit, for a course offered by an entity related to Mpika, without TEQSA's prior consent. In seeking consent pursuant to this condition, Mpika must provide minutes and relevant papers of its Governing Council and Academic Board meetings which consider the proposed arrangement. For the purposes of this condition the term "related" has the same meaning as in subsection 15(2) of the TEQSA Act.
- No later than 26 October 2022, Mpika must provide to TEQSA a report drafted by a suitably qualified, independent expert to review its arrangements for identifying and mitigating material risks for compliance with, but not limited to, standard 6.2.1(e) of the Higher Education Standards Framework (Threshold Standards) 2021. The report must assess the content of the risks and mitigation arrangements in its risk register. Prior to engaging the expert, Mpika must obtain TEQSA's approval of the expert and their terms of reference.
Condition 2: Financials
- Mpika must seek TEQSA's approval of the identity of the auditor it engages in order to provide TEQSA with its financial statements.
- Mpika must at all times, throughout the period of its registration, maintain within Mpika controlled bank accounts minimum cash reserves of $250,000.
- If the minimum cash reserves in (ii) are not maintained, Mpika must:
- Notify TEQSA in writing within 2 business days, together with its proposed action to bring the cash reserves back into compliance with (ii); and
- Provide TEQSA with a revised financial forecast (including financial projections in the form of income statement, balance sheet, cash flow statement and student projection) within 1 month.
Pursuant to section 53 of the TEQSA Act, the following conditions are imposed on the accreditation of Mpika's Bachelor of Business course under the TEQSA Act:
Condition 1: Assessment
- Prior to the delivery of the Bachelor Business course, Mpika must provide to TEQSA:
- A report drafted by a suitably qualified, independent expert to review all of its first-year assessment rubrics for the Bachelor of Business course for compliance with, but not limited to, standards 1.4.3 and 1.4.4 of the Higher Education Standards Framework (Threshold Standards) 2021. Mpika must obtain TEQSA's approval for the identity and terms of reference of the expert before engaging the expert.
- Copies of any revised rubrics which address the expert's review, accompanied by minutes and relevant papers from its Academic Board which demonstrate consideration of the report, the revised rubrics and the steps taken to implement the recommendations contained therein.
