The circumstances

In 2023, TEQSA noted an increase in concerns from students about the availability and adequacy of support services and wellbeing services.

These included concerns that providers had left vacant student counselling and wellbeing officer positions, and that funding for on-campus support services withdrawn by providers during COVID-19 had not been restored. Additionally, we consulted with higher education students, which helped inform our compliance priorities for 2024 and highlighted their concerns, including:

• lack of wellbeing and support services available for students
• lack of awareness amongst students and staff about the availability of support services and complaint handling mechanisms
• inadequate level of staffing and staff training to ensure students are provided with accurate and timely advice
• mismanagement of conflicts of interest when handling complaints.  

Our role

TEQSA expects providers to meet their obligations under the HES Framework, which includes specific requirements regarding student wellbeing and safety.

These include the need for a safe learning environment to be promoted and fostered, support services for students, formal complaints handling policies and procedures, and compliance with relevant legislation including Commonwealth, state and territory laws.

Relevant sections and standards of the HES Framework include Sections 2.3, 2.4 and 6.2, and Standards 6.1.4 and 7.2.1.

Providers also have statutory obligations to provide for the support of international students who are studying in Australia under the Education Services for Overseas Students Act 2000 (ESOS Act), with its associated National Code.

Our focus

TEQSA focuses on:

• providers’ compliance with their own policies and procedures
• the extent to which providers take steps to identify and mitigate risks associated with wellbeing and safety
• whether providers have adequate levels of oversight to address the issues relating to the wellbeing and safety of students and staff.  

What providers can do

We encourage providers to:

• engage with staff and students in developing strategies relating to wellbeing and safety, including strategies relating to gender-based violence
• have mechanisms to evaluate the effectiveness of the strategies and framework, which in turn inform continuous improvement
• ensure adequate level of staffing, and that the first points of contact for students and staff responsible for providing support and managing complaints have the required training for their respective roles
• increase awareness amongst students and staff about options for wellbeing support services and complaint handling mechanisms, relevant policies and procedures, including student obligations and expected standards of behaviour.

Resources

• TEQSA: Guidance note on wellbeing and safety
• TEQSA: Guidance note on grievance and complaint handling
• Our Watch: Resource links
• Orygen Institute: University Mental Health Framework
• ACT Ombudsman and Commonwealth Ombudsman: Complaint handling at Universities: Australasian Best Practices Guidelines
• Universities Australia: Guidelines for University Responses to Sexual Assault and Sexual Harassment
• Universities Australia: Primary Prevention of Sexual Harm in the University Sector – Good Practice Guide 

TEQSA publishes compliance in focus resources to support providers in meeting their obligations under the Higher Education Standards Framework (Threshold Standards) 2021 (HES Framework).

The resources below contain information on best practice and links to other useful information to assist providers in ensuring their continued compliance with the HES Framework.

2024

• Compliance in focus: Student wellbeing and safety
• Compliance in focus: Education agent monitoring

2023

• Compliance in focus: Academic integrity
• Compliance in focus: Change of ownership
• Compliance in focus: Cyber security

2022

• Compliance in focus: Identifying students at academic risk
• Compliance in focus: Professional accreditation
• Compliance in focus: Wages underpayment

The circumstances

In 2023, TEQSA observed an increase in risks to compliance in the recruitment of overseas students and the monitoring of education agents.

This included a large increase in the number of overseas students who, after being recruited by education agents, were refused a visa, failed to commence, or left the provider before completing their course of study.

This raised concerns that providers were not meeting their obligations under the National Code and HES Framework to recruit responsibly and to ensure their education agents were acting ethically, honestly and in the best interests of students.

Our role

TEQSA expects each provider to vigilantly monitor the conduct and performance of the education agents it engages to formally represent it. Further, providers are expected to develop mature processes for evaluating student performance and outcomes to inform its recruitment activities.

• Standard 4.1 of the National Code requires providers to enter into a written agreement with each education agent.
• Standard 4.3 of the National Code expects providers to ensure education agents act honestly and in good faith, and in the best interests of the student.
• Standards 4.4 and 4.5 of the National Code require providers to take immediate corrective action where an education agent or its subcontractor has not complied with its obligations, or terminate its relationship if the education agent has engaged in false or misleading recruitment practices.
• Standard 4.6 of the National Code requires providers to not accept students from an education agent that has engaged in dishonest recruitment practices, or facilitated the enrolment of an overseas student that is not bona fide or that the agent believes will not comply with visa conditions.
• Standard 7.1.1 of the HES Framework requires providers to ensure that representation of the higher education provider, its educational offerings and charges, whether directly or through agents and other parties, is accurate and not misleading.
• Standard 7.1.4 of the HES Framework requires providers to ensure that 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.  

Our focus

In 2023, TEQSA’s assessments identified significant risks to compliance in the monitoring of education agents for numerous providers, including universities.

TEQSA sought information from each of these providers to better understand their processes for monitoring education agents, and their response to the elevated risk.

Some providers were able to address TEQSA’s concerns by demonstrating that robust and effective self-assurance mechanisms were in place. This included evidence that the provider had identified issues independent of TEQSA’s assessment, had taken steps to understand the root cause of the problems, and was in the process of implementing measures to address them.

Importantly, these providers were able to demonstrate that their governing bodies had sufficient and effective oversight of these risks and the actions to address them.

In contrast, some providers were unable to adequately address TEQSA’s concerns, and further regulatory intervention was required. TEQSA is working closely with the Department of Home Affairs, the Department of Education, and the Australian Skills Quality Authority to continue to monitor risks in the recruitment of overseas students and provider management of education agents.

Providers are expected to be able to demonstrate that they have effective processes and mechanisms in place for monitoring their education agents.  

What providers can do

We encourage providers to:

• independently identify issues related to the recruitment of overseas students and the monitoring of education agents and take reasonable steps to understand the issues once identified
• take sufficient and immediate corrective action when poor performance by education agents is identified
• take comprehensive steps to address the root causes of identified issues, rather than implementing superficial or temporary measures
• develop mature monitoring and review processes for their education agents, informed by student progression, performance, and feedback
• implement quality assurance measures to address risks at an institutional level prior to the matter being raised by TEQSA.  

Resources

• TEQSA: Sector alert on the recruitment, admission, and support of overseas students
• TEQSA: Sector alert on provider responsibilities when using education agents
• TEQSA: Guidance note on corporate governance 

Scope and intent of the Domain

This Domain (Sections 3.1-3.3) of the Higher Education Standards Framework (Threshold Standards) 2021 (HES Framework) encompasses:

• specific requirements for the specification of the course design and requirements for engagement with advanced knowledge and inquiry, current knowledge, theoretical frameworks and concepts, related scholarship and emerging ideas
• coherent achievement of learning outcomes and professional accreditation of a course of study if applicable
• sufficiency of staffing, capability of teaching staff, student access to staff
• the nature, appropriateness, quality and level of access to learning resources that are specific to the course of study. 

Our commentary

3.1 Course Design

TEQSA expects not only that the provider’s specification of a course design (and its documentation) will comply with the requirements of Standard 3.1.1 (see also Public accessibility in Section 7.2), but also that sufficient detail of the conceptual underpinning of the course design (Standards 3.1.2–3.1.4) will be available for an expert in a relevant subject area to form a view on whether these Standards are met. We expect these requirements would be evident in the course proposal approved by the provider’s internal academic governance body/processes. In relation to Standard 3.1.5, we will require evidence from the relevant professional accrediting body where applicable and where available. This may involve some coordination with the professional body in relation to new providers/courses of study, where a provider may not be eligible to attain professional accreditation at the outset.

3.2 Staffing

This Section requires, and TEQSA will expect, a provider to demonstrate sufficient staffing to meet the educational, academic support, administrative and access needs of the student cohorts undertaking a course of study. This includes an overall staffing profile sufficient to provide collective academic leadership necessary to lead intellectual enquiry at the level required by the course of study. In particular, the Standards specify that academic teaching staff must be qualified to at least one level of qualification (Australian Qualifications Framework [AQF] level or equivalent) higher than the course of study being taught, or have equivalent relevant academic or professional or practice-based experience and expertise, except for staff who are supervising doctoral degrees who must themselves have a doctoral degree or equivalent research experience (see Standard 3.2.3). The Standards for research (Section 4.1) and research training (Section 4.2) also require staff to have relevant qualifications and experience. Staff who have leadership/oversight roles or teach significant components of a course of study must meet certain specified capabilities and qualifications as outlined in the Standards, including requirements for continuing scholarship that informs their teaching.

These requirements include knowledge of contemporary developments in the field they are teaching (which is informed by continuing scholarly activity), skills in teaching, learning and assessment relevant to the needs of the student cohorts involved, and a qualification at least one level higher than is awarded for the course of study, or equivalent experience.

Exceptions to these requirements are possible (Standard 3.2.4) in certain circumstances, such as teaching a specialised component of a course of study, provided the staff members who do not fully meet the requirements of the Standards are supervised by staff who do meet the Standard. We will need to be satisfied that the qualifications and experience of staff collectively and individually meet the requirements of the Standards.

Staff who hold academic leadership roles at any level need to have experience and qualifications at a level necessary for their responsibilities. Academic leaders at higher levels have an important role in guiding the development of a higher education learning environment within their scope of responsibility, including the development of advanced inquiry at the appropriate course level and staff scholarship.

TEQSA has found academic leadership to be a critical success factor, especially for applicants seeking to enter higher education for the first time.

Unusually high reliance on casual staff poses risks for the quality of the student experience, and we will investigate where high reliance on casual staff is combined with data indicating lower student outcomes. We do not set a threshold for the ratio of ongoing staff to casual staff, except for the purpose of risk assessment. Findings are made after considering contextual factors including qualifications, experience and depth of scholarship in academic leaders and the nature of the field.

3.3 Learning Resources and Educational Support

This Section focuses on both the quality of and access to learning resources that are specific to the learning needs of a course of study and its level. TEQSA will expect a provider to demonstrate that the learning resources provided and recommended are appropriate to the level of the course of study, consistent with the expected learning outcomes and modes of participation, and accessible when needed (including for individuals with special needs).

The Standard does not specify the form in which information resources are made available (whether physical books and journals or electronic databases), but they must be accessible by all students regardless of mode of delivery or location, and whether the course is delivered directly by the registered provider or by a third party. The quality of learning resources may be assessed in part by an external expert in the subject area and the resources will need to be specified in detail sufficient for such an expert to form a view on their quality and appropriateness. We do not regard sole reliance on other parties with whom the provider has no relationship (such as a municipal library) to provide resources as acceptable. We may require more or less information on learning management systems employed by a provider depending on our familiarity with the provider.

Relevant guidance notes

The following guidance notes can be accessed at our Guidance notes page, or from the links below:

• Academic monitoring, review and improvement
• Course Design, Learning Outcomes and Assessment
• Determining Professional Equivalence
• Diversity and Equity
• Nested Courses
• Scholarship
• Staffing, Learning Resources and Educational Support
• Technology-Enhanced Learning
• Work-Integrated Learning