What are conditions?
Higher education providers must meet certain conditions in order to become and remain registered with TEQSA.
Conditions are obligations placed on higher education providers by either the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) or the Education Services for Overseas Students Act 2000 (ESOS Act) and may be placed on providers’ registration or course accreditation.
There are two types of conditions:
- conditions imposed by the TEQSA or ESOS Act
- conditions imposed as a result of decisions made by TEQSA under the TEQSA or ESOS Act.
Examples of conditions imposed by the TEQSA Act include that higher education providers need to offer at least one accredited course of study, and cooperate with TEQSA to enable our regulatory functions.
When does TEQSA impose conditions?
TEQSA may place specific conditions on providers’ registration or course accreditation in order to address an identified concern about their higher education activities.
If we identify a risk of non-compliance (or actual non-compliance) with the Higher Education Standards Framework (Threshold Standards) 2021, National Code of Practice for Providers of Education and Training for Overseas Students 2018 (National Code), the TEQSA Act or ESOS Act, providers may be required to:
- review certain activities within a particular time
- provide us with a report about how it has addressed the problems identified
- undertake certain actions in order to address or mitigate the risk and/or non-compliance
- cease to enrol students in a particular course or not offer a particular higher education award.
How TEQSA makes decisions
When making a decision to impose a condition, TEQSA considers all the relevant evidence about a provider and must also comply with the basic regulatory principles of:
- reflecting risk
- proportionate regulation
- regulatory necessity.
Providers are given the opportunity to comment on a proposed decision to impose a condition that may adversely affect them and can put forward any information they consider relevant before we make a final decision.
We will advise providers (in writing) within 30 days of making a decision to impose, vary or revoke a condition and will explain what the condition is, the reason(s) the decision was made and any timeframes or deadlines that must be met.
Applying for a condition to be revoked or varied
Providers can apply for a condition to be revoked or varied. All applications to revoke or vary a condition must be submitted via the TEQSA Provider Portal.
Information on how to apply to vary or revoke a condition is available from our Application guides and support page.
- Application for Variation or Revocation of a Condition – Application Guide and Form
- Applicable fees for Varying or Revoking a Condition of Registration or Accreditation
NOTE: It is essential that applicants read the application guide prior to submitting an application.
Providers can apply to have a decision to impose a condition on their registration or course accreditation reviewed. For more information about the avenues of review open to providers, visit our Review of TEQSA decisions page.
Providers that do not meet a condition
Providers must comply with conditions placed on their registration or course accreditation. If a provider fails to comply with a condition, the TEQSA Act allows us to take action including court proceedings or shortening/cancelling registration or course accreditation.
We will consider whether to take further action based on the basic principles for regulation.
National Register of Higher Education Providers
Any specific conditions on providers’ registration (applied from 1 July 2013) are noted on the National Register. We will not, except in exceptional circumstances, note a decision or publish a public report on the National Register until the period for applying for review of the decision has expired or until the review is complete.