• Register now for the TEQSA 2024 Conference

    Our 8th annual conference on 13 November is exploring the theme of Navigating tomorrow: Anticipating challenges, embracing change. Join us for Australia's only truly sector-focused event in the award-winning Grand Ballroom at Sofitel Melbourne on Collins, in the heart of the Treasury precinct and Fitzroy Gardens. A virtual attendance option is also available.

    This year, we're delighted to welcome Professor Braden Hill, of Edith Cowan University, as our Master of Ceremonies, and Productivity Commission Chair, Danielle Wood, for our keynote panel discussion. The Hon Jason Clare MP, Minister for Education, will also attend to give the Minister's Welcome Address. A conference program of inspirational speakers will explore a range of topics including the rapid transformation in technology, demographics and global pressures facing providers, students and the Australian community, and the opportunities and risks that will help the sector prepare for a dynamic future in higher education.

    In planning this year’s conference we’ve listened to your feedback and enhanced the networking sessions, including an exclusive Welcome Reception at Sofi's Lounge on Tuesday 12 November and the traditional post-conference cocktail event on Wednesday 13 November. A half day of pre-conference seminars is also scheduled on 12 November.

    See the conference website for more details, including early bird tickets and discounted accommodation offers.

    Date
    Last updated:
    Featured image
  • Corporate plan

    Prepared in accordance with the Public Governance, Performance and Accountability Rule 2013 (PGPA Rule), TEQSA’s Corporate Plan sets out our priorities for the four reporting periods from 2024-25 to 2027-28.

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

    Last updated:
  • Sector alert: Provider responsibilities when using education agents

    4 November 2022

    TEQSA is reminding all higher education providers of their obligations for monitoring the performance of education agents and ensuring that international students are genuine and engaged with learning.

    Background

    There have recent media reports outlining the alleged misuse of student visas, including education agents working to secure visas for non-genuine students.

    Education providers delivering to overseas students are responsible for ensuring that their education agents act ethically, honestly and in the best interest of overseas students and uphold the reputation of Australia’s international education sector.

    Providers are also required to monitor student engagement throughout a course of study.

    These obligations are set out in standards 1.3.4, 1.3.5, 7.1.1, 7.1.4 and 7.1.5 of the Higher Education Standards Framework (Threshold Standards) 2021, and standard 4 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (the National Code).

    TEQSA’s role

    TEQSA does not regulate education agents. As per the TEQSA Act, it regulates all registered providers that offer higher education qualifications in or from Australia, as well as some standalone ELICOS providers.

    TEQSA monitors providers’ compliance with the requirements of the Education Services for Overseas Students Act 2000 and associated legislative framework (the ESOS framework).

    Under standard 4 of the National Code, registered providers are responsible for ensuring that their education agents act ethically, honestly and in the best interest of overseas students and uphold the reputation of Australia’s international education sector.

    In particular, higher education providers delivering to overseas students must:

    • have a written agreement with each education agent
    • not accept students where it suspects the education agent of engaging in dishonest recruitment practices
    • take immediate corrective action where it believes or becomes aware of an education agent that has not complied with its responsibilities under relevant ESOS and migration legislation.

    Provider actions

    All higher education providers must ensure that:

    • Education agents that they have contracts with are published on their website and that this listing is correct and up-to-date.
    • Student engagement policies and procedures are in place and followed. This includes monitoring international students’ engagement in learning and their academic progress and taking action where students are at risk.
    • Robust oversight is in place for all contracts with education agents. This includes monitoring performance, ensuring students referred by agents are genuine and engaged in learning and taking prompt corrective action in the event or likelihood of misrepresentation or unethical conduct.
    • Staff managing relationships with education agents are aware of the responsibilities and obligations incumbent on providers under the Higher Education Standards Framework and National Code, as well as institutional policies and procedures.

    Relevant standards

    Higher Education Standards Framework (Threshold Standards) 2021

    Standard 1.3.4:
    Processes that identify students at risk of unsatisfactory progress and provide specific support are implemented across all courses of study.

    Standard 1.3.5:
    Trends in rates of retention, progression and completion of student cohorts through courses of study are monitored to enable review and improvement.

    Standard 7.1.1:
    Representation of the higher education provider, its educational offerings and charges, whether directly or through agents or other parties, is accurate and not misleading.

    Standard 7.1.4:
    Agents and other parties that are involved in representing the higher education provider are bound by formal contracts with the provider, their performance is monitored and prompt corrective action is taken in the event or likelihood of misrepresentation or unethical conduct.

    Standard 7.1.5:
    Representations, whether expressed or implied, about the outcomes associated with undertaking a course of study, eligibility for acceptance into another course of study, employment outcomes or possible migration outcomes are not false or misleading.

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

    Standard 4.1:
    The registered provider must enter into a written agreement with each education agent it engages to formally represent it, and enter and maintain the education agent’s details in PRISMS.

    Standard 4.2: 
    The written agreement must outline:

    • 4.2.1  the responsibilities of the registered provider, including that the registered provider is responsible at all times for compliance with the ESOS Act and National Code 2018
    • 4.2.2 the registered provider’s requirements of the agent in representing the registered provider as outlined in Standard 4.3
    • 4.2.3 the registered provider’s processes for monitoring the activities of the education agent in representing the provider, and ensuring the education agent is giving students accurate and up-to-date information on the registered provider’s services
    • 4.2.4 the corrective action that may be taken by the registered provider if the education agent does not comply with its obligations under the written agreement including providing for corrective action outlined in Standard 4.4
    • 4.2.5 the registered provider’s grounds for termination of the registered provider’s written agreement with the education agent, including providing for termination in the circumstances outlined in Standard 4.5
    • 4.2.6  the circumstances under which information about the education agent may be disclosed by the registered provider and the Commonwealth or state or territory agencies.

    Standard 4.3:
    A registered provider must require its education agent to:

    • 4.3.1 declare in writing and take reasonable steps to avoid conflicts of interests with its duties as an education agent of the registered provider
    • 4.3.2 observe appropriate levels of confidentiality and transparency in their dealings with overseas students or intending overseas students
    • 4.3.3 act honestly and in good faith, and in the best interests of the student
    • 4.3.4 have appropriate knowledge and understanding of the international education system in Australia, including the Australian International Education and Training Agent Code of Ethics.

    Standard 4.4:
    Where the registered provider becomes aware that, or has reason to believe, the education agent or an employee or subcontractor of that education agent has not complied with the education agent’s responsibilities under standards 4.2 and 4.3, the registered provider must take immediate corrective action.

    Standard 4.5:
    Where the registered provider becomes aware, or has reason to believe, that the education agent or an employee or subcontractor of the education agent is engaging in false or misleading recruitment practices, the registered provider must immediately terminate its relationship with the education agent, or require the education agent to terminate its relationship with the employee or subcontractor who engaged in those practices.

    Standard 4.6:
    The registered provider must not accept students from an education agent if it knows or reasonably suspects the education agent to be:

    • 4.6.1 providing migration advice, unless that education agent is authorised to do so under the Migration Act
    • 4.6.2  engaged in, or to have previously engaged in, dishonest recruitment practices, including the deliberate attempt to recruit a student where this clearly conflicts with the obligations of registered providers under Standard 7 (Overseas student transfers)
    • 4.6.3 facilitating the enrolment of a student who the education agent believes will not comply with the conditions of his or her visa
    • 4.6.4 using PRISMS to create CoEs for other than bona fide students.

    Further information

    Last updated:
  • Translated resources for students

  • International engagement

    We work closely with international higher education quality assurance and regulatory agencies and participate in global forums, as part of our work to protect and enhance the integrity, quality and reputation of Australian higher education. TEQSA seeks to work collaboratively with overseas regulatory and quality assurance agencies to protect and enhance the quality and integrity of higher education.

    Visiting delegations

    To request a delegation visit, please use our contact form. Please submit your request at least two months in advance of the proposed date and include:

    • name of your organisation
    • contact person details: Name, title, email address, telephone, if contact is in Australia or your home country
    • date of proposed visit
    • name and title of the head of the delegation and number of officials attending
    • purpose of the visit, including specific topics to be discussed
    • previous contact or visits with TEQSA (if any)
    • list of other Australian organisations/government agencies you may also be visiting during the trip.

    TEQSA will let you know if we are able to meet your request within 15 days of receiving your completed request.

    Speaking invitations

    International organisations wishing to invite a TEQSA representative to speak at their event should use our speaker request form. Please note that TEQSA requires at least 28 days advance notice of any request and that TEQSA is not able to provide speakers for all requested events. TEQSA will let you know if we are able to meet your request as soon as possible after receiving your completed request.

    Memorandums of Understanding (MOUs)

    TEQSA is presently reviewing our approach to memorandums of understanding with international organisations. Please use our contact form to enquire about current or prospective MOUs (including renewals).

    International projects

    Global academic integrity network (GAIN)

    The Global Academic Integrity Network is a consortium of education quality and integrity agencies worldwide joining forces to fight the rise of commercial academic cheating services targeting students. Founded by Quality and Qualifications Ireland and TEQSA, the network aims to tackle commercial cheating operations, protecting students, qualifications and the integrity of national education systems.

    APEC Quality Assurance of Online Learning Project

    APEC QA of Online Learning Project

    The Department of Education and Training approached TEQSA in mid-2016 to manage a project focused on the quality assurance of online higher education for countries in the APEC region. The project deliverables include the development of a Discussion Paper and Toolkit, a workshop on the Toolkit with representatives from a range of APEC economies followed by a limited number of validations in Indonesia, Vietnam and Mexico and finalisation of the discussion paper and toolkit. This work was completed in 2017. 

    Toolkit to support quality assurance agencies to address academic integrity and contract cheating

    Toolkit to support quality assurance agencies to address academic integrity and contract cheating

    The toolkit was developed to share Australia’s lessons with our colleagues in quality assurance agencies in the global fight against contract cheating and other threats to academic integrity. It applies the principles of quality assurance to creating strong frameworks that support academic integrity.

    TEQSA led the development of the toolkit which was funded by a grant from the International Network for Quality Assurance Agencies in Higher Education (INQAAHE).

    Last updated:
  • Compliance reports

    This report outlines our compliance priorities for the upcoming year, as well as our compliance and enforcement activities for the previous year.

    The report also includes compliance in focus guidance to support higher education providers in meeting their obligations.

    Latest report

    Past reports

    Last updated:
  • Compliance priorities

    Under the Compliance Monitoring Framework, we set compliance priorities within agreed risk tolerance parameters approved by TEQSA’s Commission.

    These priorities guide our compliance monitoring activities for the greatest regulatory impact to protect students and the quality, integrity and reputation of the sector.

    Our compliance priorities are reviewed on an annual basis to ensure they remain relevant and reflective of risk in the sector and are published in the annual compliance report.

    Compliance priorities for 2024

    Upholding wellbeing and safety

    Issues relating to the wellbeing and safety of students (including those who are vulnerable or under 18) with particular focus on systemic failures to:

    • provide adequate assistance and support mechanisms for students, including academic advice, learning support and mental health support
    • address barriers for students with a disability
    • adequately inform staff and students about grievance mechanisms.

    Ensuring academic quality

    Issues affecting academic quality, focusing on:

    • monitoring students at (academic) risk
    • systemic deterioration or failure of academic quality (including quality of online delivery)
    • admission of students who are ill-equipped to succeed
    • inadequate oversight of third-party delivery.

    Protecting sector integrity

    Issues that put the integrity of the sector at risk, with a focus on fraud and criminality, including:

    • not implementing policies and procedures relating to academic integrity
    • creating incentives for non-genuine students
    • poor oversight and management of overseas education agents
    • commercial academic cheating services.

    Strengthening corporate governance

    Issues that impede the delivery of quality higher education including:

    • changes in ownership and cross ownership
    • insufficient expertise in higher education
    • inadequate risk management
    • underpayment of staff.

    Maintaining information security

    Issues with information security, including those related to:

    • poor identification and management of cyber security risks
    • inadequate protection of staff and student data, research data technology development and use
    • intellectual property.

    Monitoring financial standing

    Issues that affect a provider’s present and projected financial sustainability and viability, with a particular focus on:

    • significant financial mismanagement
    • lack of resilience to shifts in revenue sources. 

    Compliance in focus

    As part of our annual compliance report, TEQSA publishes advice to support providers in meeting their HES Framework obligations.

    Last updated:
  • Compliance Monitoring Framework

    Overview

    The Compliance Monitoring Framework supports our regulatory oversight of providers’ compliance and enhances community confidence that the quality of Australian higher education is maintained. 

    The framework assists TEQSA to perform its core regulatory functions and powers under the Tertiary Education Quality and Standards Agency Act 2011, Education Services for Overseas Students Act 2000 and subordinate legislation and is informed by our statements about our Approach to Quality Assurance and Regulation and Compliance and Enforcement.

    Figure 1: Key elements of TEQSA’s compliance monitoring cycle

    Diagram showing TEQSA’s compliance monitoring cycle

     

    The framework is reviewed by TEQSA’s Commission annually, or where there is significant change affecting the sector, to ensure it reflects changing regulatory risks and remains effective.

    Framework elements

    Identify

    TEQSA’s broad compliance monitoring activities provide us with insight into emerging and current risks to the sector, as well as common risks to provider quality assurance practices.

    This assists us to identify and focus on the areas of non-compliance that pose the greatest risk to students and the quality, integrity and reputation of the higher education sector.

    TEQSA monitors and identifies risk through a number of interconnected and complementary activities, including:

    • TEQSA’s annual provider Risk Assessment Framework, a tool to identify risk, which provides a snapshot of each higher education provider, including regulatory history 
    • assessments for renewal of TEQSA and CRICOS registration and accreditation
    • compliance assessments and investigations, and enforcement action
    • information and intelligence from various sources, including peak and professional accreditation bodies, other government agencies, concerns and material change notifications
    • sector-wide thematic analyses and consultation/engagement with key stakeholders.

    Prioritise

    We set compliance priorities within agreed risk tolerance parameters, approved by TEQSA’s Commission, to guide our compliance monitoring activities for the greatest regulatory impact to protect students and the quality, integrity and reputation of the sector. These are reviewed on an annual basis to ensure they remain relevant and reflective of risk in the sector and are published in the annual compliance report.

    As a risk-based regulator, TEQSA’s prioritisation model, based on the compliance priorities, is an essential component of our approach to compliance monitoring. It involves a robust triage process to promptly identify those issues that pose the greatest risks. This helps to prioritise TEQSA’s work and determine how best to allocate our resources. 

    The Compliance Priorities, annual provider risk assessment and other information and intelligence sources feed into the development of an Annual Compliance Program. This is a proactive and forward-looking plan to target current, systemic and emerging risks. This targeted approach provides assurance that priority risk areas are being managed in the sector.

    Action

    TEQSA has a range of regulatory tools and statutory powers to address non-compliance. Our regulatory response is guided by the Compliance and Enforcement Policy, which documents principles for undertaking enforcement activities and supporting processes and procedures.

    Where we identify that a provider is not complying (or is at substantial risk of not complying) with its obligations, our level of regulatory response will: reflect the level of risk identified, be proportionate to the issues we seek to address, be tailored to the individual circumstances so as to achieve the most effective compliance outcome.

    Learn

    Information gained from compliance monitoring activities and lessons learned from the action and response flow back into monitoring and assessment activities as regulatory intelligence.

    We work across government, sharing resources, information and findings, where it is relevant to the functions and powers of other agencies. This joined up approach reduces duplication of effort and increases our knowledge base. 

    Inform

    We communicate information about our compliance monitoring activities to raise awareness and inform, which in turn helps the sector build capability through lessons learnt. We do this by tailoring and publishing education and guidance based on findings from compliance monitoring activities and through our annual compliance report. We also consult with the sector and key stakeholders, including peak bodies, to assist the sector to develop solutions to problems.

    Framework principles

    The Compliance Monitoring Framework is underpinned by the following contemporary best-practice regulatory principles:

    Principle Commitment
    Risk-based TEQSA’s regulatory approach is proactive and responsive in identifying, assessing and responding to risk, and prioritising and targeting resources toward specific groups or behaviours that pose the greatest risk of harm to students, quality and the reputation of the higher education sector.
    Proportionate TEQSA’s regulatory response is proportionate to the problem that it seeks to address. 
    Necessary TEQSA will not burden regulated entities any more than is reasonably necessary in the circumstances, and will seek opportunities for reducing the administrative burden of regulation and avoiding duplication where possible.
    Collaborative TEQSA works in partnership with the sector to support the delivery of quality education and protect the interests of students. TEQSA also works collaboratively with other regulators and stakeholders who share responsibility for ensuring quality in the sector.
    Evidence-based TEQSA makes informed and considered decisions, based on the best available evidence, that withstand scrutiny.
    Intelligence-led TEQSA effectively uses information and data to predict risk and inform decision-making about how to manage key compliance risks.
    Outcomes-focused Regulatory practice and decision-making are driven by a desire to achieve good regulatory outcomes. This includes intervening to address risk early. Progress against outcomes is measured by sector continuous improvement and progress towards enhancing sector self-assurance.
    Lawful TEQSA undertakes compliance activities within its powers, in accordance with the regulatory principles.
    Fair TEQSA undertakes compliance monitoring activities in accordance with its policies and processes, including those related to privacy, security, and records management. This is done in a manner that is procedurally fair, impartial and ethical. TEQSA commits to timely engagement with providers. 
    Transparent TEQSA is committed to maintaining and enhancing transparency and accountability in the sector and contributing to public trust and confidence. In deciding whether to make TEQSA’s compliance and enforcement actions public, TEQSA will balance transparency with the matters outlined in the Public Disclosure Policy.
    Focused on building capability TEQSA’s activities support regulated entities to meet their obligations and build their capability towards a compliance culture.


     

    Last updated: