Reducing the administrative burden of regulation - Frequently Asked Questions (FAQs)
Updated on 3 September 2021
UPDATE – Will TEQSA continue to offer regulatory flexibility beyond the 2021-22 financial year in response to the ongoing impact of the COVID-19 pandemic?
TEQSA will consider extending the period of provider registration and course accreditations for renewals due in the 2022-23 period that have not previously been extended. These arrangements will be considered on a case by case basis, and are intended to support the sector by deferring the need for renewal applications in consideration of the ongoing impact of the COVID-19 pandemic. TEQSA will contact providers about this additional round of extensions from August 2021.
How long are TEQSA’s flexible arrangements in place to support the sector during COVID-19?
Measures, such as online delivery flexibility, flexible attendance requirements for international students, and relaxing the material change notification policy, will remain in place until they are no longer required.
The sector should be assured that TEQSA’s regulatory flexibility will continue to support the sector’s transitions out of COVID-19 restrictions. TEQSA understands that these challenges may continue for some time and that providers may have multiple modes of delivery depending on what regions or locations can access face-to-face learning and which cannot. Any changes to our flexible regulatory approach will be carefully considered, including consultation with peak bodies and other government agencies as appropriate. Changes and updates will continue to be announced through formal communication channels to the sector, with guidance published on our website. Should a decision be taken to end TEQSA’s regulatory flexibility adequate transition arrangements will be afforded to providers to ensure that students and providers are not adversely impacted.
For further guidance to support the sector during the recovery planning process, please see COVID-19 recovery – key considerations for providers.
We have not traditionally offered online courses. However, can we now offer courses that we have recently converted to online delivery in response to the COVID-19 restrictions to new on and offshore students?
TEQSA accepts providers have rapidly shifted to online delivery modes in response to COVID-19 to ensure students can continue their studies. For most providers online delivery will be a temporary arrangement until students are able to return to face-to-face and other established forms of delivery.
If a provider does not have a history of online delivery but is considering a longer term opportunity to promote its converted online courses to new markets domestically or internationally, on an ongoing basis (as opposed to a temporary arrangement), TEQSA will need be satisfied with the quality of each online course. TEQSA has prepared guidance for key consideration for providers for online delivery.
TEQSA has temporarily relaxed its Material Change Notification Policy to focus on key changes, including change to mode of delivery. Mode of delivery changes may significantly affect a provider’s ability to meet the Higher Education Standards Framework (Threshold Standards) 2015 (HES Framework). Therefore, if you have changed your mode of delivery, you must notify TEQSA. Please email materialchanges [at] teqsa.gov.au with a copy to your case manager. In the material change you must let TEQSA know if the shift to online delivery is a temporary change or a new business model, as well as the steps taken to ensure continued quality of teaching, adequate resources for staff and support for student wellbeing and safety.
Do I need to notify TEQSA if I receive funding under the government’s higher education relief package for an existing accredited course for a graduate certificate, where there is a change in delivery mode?
Where a provider has changed the delivery mode to online delivery, then a material change notification should be sent to TEQSA. More information on material change notification obligations is available on our website.
I have lodged a material change but I have not yet received a response from TEQSA. Can I proceed with the change?
Yes, you can proceed with the change. Reporting material changes to TEQSA does not constitute an application for approval. You do not need to wait for a response from TEQSA. TEQSA will follow up if it considers there is a risk that Standards in the HES Framework have been or will be breached.
How do I report material changes?
Material changes should be reported to materialchanges [at] teqsa.gov.au. You may also wish copy in your case manager. Material changes must be lodged within 14 days. However, please speak with your case manager if you are unable to meet that timeframe.
Many of our staff (including the Principal Executive Officer) are working from home. As a result, it is difficult to meet the requirements of the TEQSA application which requires a witness to the signature. Will TEQSA accept electronic signatures on applications, including from witnesses?
Yes, e-signatures are fine and no witness is required until further notice, noting that giving false or misleading information is a serious offence.
What flexibility will be given with regard to limitations on online delivery to international students (requirements 8.19 and 8.20 of the National Code 2018)?
TEQSA is continuing to be flexible in its approach to regulating standards 8.19 and 8.20. TEQSA understands that providers may not be in a position to offer courses via face-to-face delivery. If providers switch to an online delivery model, TEQSA expects that providers maintain accurate records on the student file.
As long as students remain enrolled with their provider and the assessment requirements of the course allow it, TEQSA will be flexible on the location of the student, the mode of delivery, and accept that minimum face-to-face teaching requirements may not be met at this time. Providers should assure themselves that such arrangements maintain assessment and quality standards, and are appropriately documented. Not all courses will be suited to online learning.
Providers should continue to ensure students receive appropriate learning support via its online delivery model and are able to achieve learning outcomes.
Providers may also need to consider any contracts or other written arrangements with students, including the written agreements made with students in accordance with Standard 3.3.1 of the National Code 2018, about mode of delivery, when determining options to afford to students in light of any changes to course delivery.
What flexibility will be given to attendance requirements related to ELICOS and Foundation Program providers?
TEQSA is maintaining a flexible approach with regard to regulating attendance requirements for ELICOS and Foundation programs.
Where providers are choosing to deliver ELICOS or Foundation courses via online delivery, providers need to make sure they have the capacity to deliver online programs, provide learning support and engage students whilst delivering the face-to-face component via online delivery. Any significant changes to face-to-face attendance requirements and delivery mode should be advised to TEQSA via a material change notification.
ELICOS and Foundation Program providers must continue to monitor and record the attendance of overseas students. However, until further notice, TEQSA will accept other mechanisms for monitoring and recording students’ engagement and participation, and will not require that providers enforce the minimum requirement in standard 8.6.1 of 80 per cent attendance of scheduled course contact hours.
Can international students have a reduced study load during this challenging time?
TEQSA’s priorities are to ensure that the quality of higher education and student wellbeing are maintained. We support providers’ efforts to keep students enrolled, and accept that this may include a reduced study load. It will be important to keep good and comprehensive records as students may need to extend their student visa in future, and providers will need to ensure that they’re in a position to substantiate the extension. For information on any changes to student visa requirements, the Department of Home Affairs has information on its website.
Can I enrol new international students into a course of study, noting that they will most likely have to commence from overseas and online?
Yes, new international students can be enrolled into courses that are currently being delivered online. If the international student is offshore, providers need to be transparent with students about the fact that this is an interim arrangement, and that a valid COE and student visa will be required for the international student to come onshore once normal modes of delivery can be resumed.
Although we are continuing to operate, we have students who are unable to continue paying for their course. What do we do?
The coronavirus outbreak is causing significant stress on all Australians, including from a financial and mental health perspective. We encourage all providers to be aware of this and consider all student concerns.
Providers should consider the information they have published in their documented policies and procedures relating to payments, refunds, and unable to pay situations. You may choose to offer payment plans, of smaller and more manageable amounts, for students who want to actively continue to study. You could also defer a student’s study for the time being, until they are able to continue.
I am a CRICOS provider. Can we market to international students who are currently living offshore, with the intention that they will be issued with a confirmation of enrolment (CoE) and student visa to complete their course in Australia?
If an international student studies a course while they are living offshore, they do not need a visa for Australia. Students only require a visa when they intend to enter Australia.
While CRICOS providers with an active registration can continue to market CRICOS courses, in these current circumstances the marketing must make explicitly clear:
• that the student will likely begin their studies online in their home country
• if there is a portion of the course which must be completed in Australia (cannot be completed online) and, if so, what these units are
• that the student will be required to come to Australia on a student visa as soon as they are able
• that the student must be eligible to apply for a student visa as soon as they are able.
Marketing must also clearly explain to prospective students what will occur if a student’s visa is rejected.
Where a student begins studying without a student visa, providers must ensure they meet all requirements of the HESF, ESOS National Code, ELICOS Standards and Foundation Program Standards relating to offshore delivery.
For information as to the current status relating to applying for a student visa, please refer to the Department of Home Affairs dedicated website.
I am a CRICOS provider. Can we commence online delivery to students who are on a student visa and have a confirmation of enrolment (CoE) if they are still living offshore?
Yes, students who have already been issued a student visa can commence their studies online in their home country.
I am a CRICOS provider. How do I report changes to delivery and student circumstances on PRISMS?
PRISMS is administered by the Department of Education, Skills and Employment (DESE). The PRISMS website provides news and information which may assist providers.
The PRISMS helpdesk has provided advice for education providers in relation to managing international student Confirmation of Enrolment records (CoEs).
Providers should also continue to review information provided by DESE on its dedicated website, relating to regulatory information for universities VET, ELICOS and higher education providers.