Material Change Notification Policy

TEQSA material change notification policy

This policy clarifies the circumstances in which providers are required to notify TEQSA of material changes, to make it easier for providers to submit notifications.

Why material change notifications are important

The purpose of material change notifications is to ensure continuous disclosure by providers on changes that may be relevant to their compliance with the Higher Education Standards Framework (Threshold Standards) 2015 (HES Framework).

Section 29(1)(a) of the Tertiary Education Quality and Standards Agency Act 2011 (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. The notification must be given no later than 14 days after the day that the provider would reasonably be expected to have become aware of the event.

Please note that these 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 that Standards in the HES Framework have been or will be breached.

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 2017 (National Code) should be mindful of any notification requirements arising from changes in circumstances under the ESOS Act. Please note that approval is required for some changes under the ESOS Act. Information about notifications and approvals required under CRICOS and the National Code can be found on the TEQSA website. Providers can use the relevant CRICOS change form to notify TEQSA of any changes that require notification under the ESOS Act which will also affect the provider’s compliance with the HES Framework.

Notification required

TEQSA has identified a number of changes that have been demonstrated to most likely have a significant impact on a provider’s ability to meet the HES Framework. These changes are outlined below. The list is indicative and not exhaustive – there are other types of changes that may be material in some circumstances.

Providers are also encouraged to notify TEQSA of major developments that may increase TEQSA’s understanding of the provider and its risk status.

Providers are encouraged to contact their case manager if they are in any doubt about whether a particular event warrants a material change notification.

No notification required

There are a range of circumstances in which a provider is generally not required to notify TEQSA of a likely or actual change. These include:

• changes to membership of governing body and key academic governance bodies in providers established or recognised by acts of parliament
• significant changes to key academic policies and procedures
• changes to terms of reference for corporate and academic bodies
• changes to key personnel, (other than changes of Chief Executive Officer, Principal Executive Officer or principal academic leader)
• minor course changes arising from regular interim monitoring (for providers without self-accrediting authority).

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.

National Register changes

Section 29(1) (b) of the TEQSA Act requires that a registered higher education provider must notify TEQSA ‘of an event that will require the Register to be updated in respect of the provider’. The notification must be given no later than 14 days after the day that the provider would reasonably be expected to have become aware of the event. The changes pertain to the:

• name of the legal entity
• ABN
• business name
• head office, and
• website address, as well as the
• titles of courses accredited by TEQSA, or discontinuation of those courses.

This provision of the TEQSA Act enables TEQSA to maintain the accuracy and currency of the National Register of higher education providers.

Notification of these changes can be emailed to your case manager with relevant documentary evidence attached.

TEQSA material change notification process

How to submit a notification

• Notifications can be made via an email, a letter or a phone call (in which case they should be confirmed in writing).
• 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

You will receive confirmation from your case manager that TEQSA has noted the material change within 30 days of receipt of the notification. TEQSA may also request further information or seek clarification.

Contact

Please contact your case manager to discuss further if you have any queries regarding material change notifications.