Australia’s anti-cheating laws make it an offence to provide or advertise academic cheating services in higher education.

TEQSA  is working to disrupt access to these sites to protect students and the integrity of higher education.

List of blocked illegal cheating websites

An alphabetical list of blocked illegal cheating websites is available below:

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Download the Statement of Regulatory Expectations: Compliance with workplace obligations (PDF, 180 KB)

This statement sets out TEQSA’s regulatory expectations of registered higher education providers to ensure they are meeting their obligations under workplace laws (as defined in section 12 of the Fair Work Act 2009) to their staff.

In particular, TEQSA expects that all providers will pay their staff correctly and comply with workplace laws and their industrial agreements.

The regulatory expectations outlined in this document focus on providers’ governance oversight and processes. Providers are expected to prioritise governance models that proactively ensure compliance with workplace obligations.

TEQSA’s regulatory expectations are consistent with:

• the provisions of the Higher Education Standards Framework (Threshold Standards) 2021 – most notably that a provider’s governing body is accountable for the provider’s operations (6.1.1)
• TEQSA’s ongoing concern that some providers have not taken full responsibility to meet their workplace obligations
• the Fair Work Ombudsman’s (FWO) finding that poor governance arrangements are a key trend in the sector leading to non-compliance with workplace obligations and the underpayment of wages.

TEQSA’s expectations do not exhaust the actions a provider may take to manage their risks. TEQSA recognises that providers may meet some of these expectations in different ways depending on their staffing arrangements, their industrial agreements, and the requirements of the legislation under which the provider is established. TEQSA’s expectations outline the minimal steps that governing bodies are expected to take to develop a process of continuous improvement to ensure they effectively mitigate risk around meeting their obligations under workplace laws.

TEQSA’s regulatory expectations

1. The provider’s governing body obtains independent advice as is necessary to identify and address potential risks related to obligations under workplace laws, including the risk of wage underpayment due to issues in payroll, employment and administrative systems.
2. The provider’s governing body defines, monitors and reviews roles or offices necessary to effectively manage potential risks to, and ensure compliance with, its obligations under workplace laws. Such roles or offices will include the management, monitoring and review of:
   
   1. payroll, record keeping and employment systems
   2. delegations of administrative roles and authority
   3. risk management policies and controls, risk appetite frameworks, and cyclical auditing frameworks
   4. financial viability and financial sustainability
   5. compliance with obligations under workplace laws. 
3. The provider’s governing body assures itself and demonstrates that it is operating in compliance with its obligations under workplace laws, including in the operation of its payroll, record keeping and employment systems. In particular, the governing body can assure itself and demonstrate that:
   
   1. employees are paid correctly, in accordance with the terms of the provider’s industrial agreements
   2. it has considered any necessary independent advice for informed and competent decision making about meeting its obligations under workplace laws
   3. any recommendations from reviews or audits related to obligations under workplace laws have been considered and, where necessary, are being effectively actioned
   4. all delegated offices or committees responsible for ensuring compliance with obligations under workplace laws report clearly and regularly to the governing body
   5. there are mechanisms to ensure formal complaints regarding compliance with workplace laws can be received from staff, students or unions and action taken to address underlying causes
   6. the provider’s management of third-party contracts ensures compliance with obligations under workplace laws
   7. the provider has carefully considered and is addressing all concerns raised by relevant authorities regarding the provider’s compliance with workplace and employment matters, such as sector updates from TEQSA, audit reports by state audit offices, and guidance or direction from the FWO
   8. the provider has promptly informed and positively engaged relevant authorities such as TEQSA and the FWO on any issues identified by the provider
   9. the provider has developed a mature process of self-assurance to mitigate and manage any future wage underpayment matters.
4. The provider’s governing body takes active and ongoing responsibility for ensuring compliance with all workplace and industrial obligations. It assures itself that robust, fit-for-purpose systems are in place to prevent, detect, and respond to non-compliance, and that these systems are subject to regular oversight and review to manage risk over time. 

Regulatory scope and implementation of the expectations

This Statement of Regulatory Expectations applies to all higher education providers. TEQSA expects that all providers will actively work to demonstrate self-assurance in line with the expectations.

The expectations will be integrated into TEQSA’s regulatory activities, including registration and re-registration processes, and annual compliance and risk assessments. Where necessary, TEQSA will seek evidence of appropriate governance processes that mitigate risks of non-compliance with workplace obligations in accord with these expectations.

Reporting requirements for Australian Universities

Beginning in 2025, providers in the ‘Australian University’ provider category will be required to submit annual reports to TEQSA concerning the expectations. Annual reporting will be required for an initial period of 2 years.

The annual reports will comprise:

• an attestation by the Vice-Chancellor that the University has met the expectations
• an index of evidence to support the attestation.

TEQSA will communicate with Australian Universities to provide further details of the reporting requirements ahead of any deadlines for submission.

Restricting the annual reporting requirements to Australian Universities reflects the findings of the FWO that risks of non-compliance with workplace obligations have been concentrated within this part of the sector. Establishing an initial reporting period of 2 years for Australian Universities also reflects the principles of regulatory necessity, risk, and proportionality.

Depending upon the sector’s response to risks around workplace obligations, TEQSA may expand the reporting requirements.

Further information for providers in the Australian University category

In the coming weeks, TEQSA will be engaging with providers in the Australian University category to outline the reporting requirements and submission date for 2025.

A Statement of Regulatory Expectations (SRE) is a regulatory tool TEQSA uses to address systemic ongoing or acute emerging risks to compliance with the Higher Education Standards Framework (Threshold Standards) 2021.

A SRE is not a legislative instrument. A SRE clearly sets out TEQSA’s expectations of the types of actions, improvements and monitoring that providers should be putting in place to understand and manage a key issue or risk. It provides a level of detail to clearly and transparently communicate TEQSA's expectations. It should be used by providers to assess their systems, processes and monitoring and to take corrective or improvement actions where needed. A SRE may also set out TEQSA's expectations about the type of information that the senior executive and governing body should receive to inform their active oversight and accountability for the issue.

By publishing a SRE, TEQSA is giving the sector greater transparency around how TEQSA interprets the standards and what we will look for through our compliance activities to assure providers continue to meet the Threshold Standards.

Current Statements of Regulatory Expectations

Related information

• Guides and resources

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 4 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.