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Education TransformationÌýare responsible for oversight of the University’s TPAs, and provide guidance on initial proposals, approval, monitoring, review, renewal, major changes, and termination.

Educational ComplianceÌýare responsible for liaising with TEQSA, and will assist in the management of TPAs when the following events occur:

• a TPA requires TEQSA pre-approval
• a TPA has been approved, lapsed or terminated, requiring a material change notification to TEQSA
• a TPA has been terminated and an update to the University’s CRICOS registration is required.

Records ServicesÌýare responsible for providing advice on matters relating to the management of student files and other record keeping matters.ÌýRecords ServicesÌýcan be contacted via email at:Ìýrecords.services@adelaide.edu.auÌýor by phone on 08 8313 5334.

Agreement ManagersÌýare identified in the TPA contract and are responsible for ensuring the contract is managed in accordance with its terms and conditions, policy and legislative obligations and that all quality assurance activities are undertaken as required.

There are many types of TPA, therefore each needs careful consideration to determine whether it is a TPA requiring advice to TEQSA. To assist in this process Educational Compliance have compiled the following table based on advice received from TEQSA:

1. If students are required to complete a WIL placement in order to complete their program, and the University is charging fees and the student is getting credit. TPA registration is not required for WIL arrangements that are not compulsory.
2. Joint higher degrees by research are not generally considered to be TPAs as each provider involved delivers and confers the award(s). Refer to TEQSA’sÌý.
3. These agreements will not normally be classified as a Third Party Arrangement (TPA). However, if the agreement is 'non standard' (i.e. the third party delivers part of our course content) it may be considered a TPA. Advice can be provided byÌýEducation Compliance.
4. Study tours would usually be classified as a TPA if the teaching was delivered by another institution/education provider, however there are circumstances where a notification is not required such as a study tour which is already covered by an exchange agreement or guest lecture.

TEQSA expects the University to undertake a credible, rigorous and evidence based due diligence process before reaching agreement with any third party. The due diligence process is expected to be evidence-based and consider a range of issues about the potential partner, such as its:

• ability to deliver on the responsibilitiesÌý(see Legal agreements below)
• track-record in the provision of higher education, including regulatory status and history
• ownership and governance structure
• track-record of probity
• emergency plans, risk framework and risk management.

The scope and extent of legal agreements with third parties will vary in accordance with the scope and extent of functions being undertaken by a third party.Ìý The parties must discuss and reach agreement on rights and responsibilities in each of the following areas, as applicable to the arrangement:

The rights and responsibilities of the University for matters such as:

• provision of and rights over current intellectual property;
• policy and procedural framework, including clarification of which of the University’s policies and procedures apply, and which of the Partner’s policies and procedures apply;
• provision of current administrative guidelines/manual;
• provision of academic support to the Partner’s managers and academic staff;
• student and staff induction;
• best endeavours to maintain TEQSA registration and program accreditation;
• marketing and promotion;
• student admission and enrolment requirements and processes (including English language requirements);
• credit transfer and recognition of prior learning;
• setting of student fees;
• maintenance of student records;
• provision of assessment and marking, monitoring of student progress, academic integrity, student appeals and grievance processes;
• program and course management, including evaluation of program and teaching, and provision of support services.

The rights and responsibilities of the proposed partner for matters such as:

• provision of and rights over intellectual property (especially if licensing courseware to the University);
• best endeavours to maintain local registration or accreditation;
• representation as appropriate on University academic bodies;
• compliance with the University’s specified policy and procedures, and provision of information to students about all applicable policies and procedures;
• marketing and promotion of the program and ensuring that marketing and pre-enrolment materials are current, accurate and compliant with the HESF and approved by the University.
• student admission and enrolment requirements and processes (including English language requirements);
• academic integrity;
• delivery of the program at an equivalent level of quality of delivery to the University including:
  1. student and staff induction
  2. local (i.e. provided by the TNE Partner) employment of teachers with the required qualifications and experience, approved by the University
  3. provision of required property and facilities (for face-to-face or blended delivery)
  4. provision of local program and/or course materials
  5. provision of local tutorial services
  6. maintenance of accurate local student records and student administration
  7. provision and regulation of local assessment activities and marking, monitoring of student progress and feedback to students
  8. co-operative participation in moderation of assessment and periodic audits
  9. remittance and payment of fees
  10. provision of support services, including English language support where required
  11. student complaints, grievances and appeals
  12. periodic audit requirements
  13. engagement of work placements (if applicable).

TEQSAÌýrequiresÌýthe University to:

• monitor and quality assure the TPA;
• confirm and demonstrate that the TPA meets and continues to meet the requirements of the Standards.

The academic or business unit responsible for the agreement will be required to conduct an annual review that considers the above and matters such as enrolments, student performance and evaluation data, financial viability and quality assurance arrangements. The review is to be reported to Academic Board.

Proposal will affect domestic students only

TEQSA pre-approvalÌýnotÌýrequired.

Where a third party will deliver teaching and/or services to domestic students only – there is no need to seek TEQSA’s pre-approval. However, youÌýmustÌýensure that:

• All of TEQSA’s requirements (see above) have been addressed
• The AgreementÌýis consistent with theÌýThird Party ArrangementsÌýin Education Delivery Policy and addresses the schedule set outÌýinÌýSchedule A: Third Party Arrangement Agreement Checklist
• A copy of the signed Agreement is provided toÌýEducational ComplianceÌýwithin 2 days of signing to assist in meeting the TEQSA material change notificationÌýtimeframes.

Proposal will affect international students on a student visa

TEQSA pre-approvalÌýis required.Ìý

ESOS legislation requires that the University obtain TEQSA’s prior approval for any arrangements where a third party will deliver teaching and/or services in a course/program that will be available to international students who hold student visas.

In order to do this the University must:

• Provide TEQSA with a copy of the draft agreement with the proposed partner which must address TEQSA’s legislative requirements (see above)
• Provide TEQSA with information about the proposed responsibilities, including quality assurance arrangements. The required information is specified in theÌý.

If the TPA involves delivery at a site that is not already CRICOS registered to the ³ÉÈË´óƬ - e.g. a new campus, registration of that campus is required to proceed with the agreement.

The registration of a new campus may result in a change to the University’s CRICOS capacity. This will require an application to change the University’s CRICOS capacity.

If seeking TEQSA’s pre-approval, please complete theÌýÌýand submit toÌýEducational Compliance.

Proposal relates to offshore delivery

TEQSA pre-approval is not required as the course/program is not being offered to students onshore in Australia on a student visaÌýhoweverÌýthe University is required to send initial advice of a new/planned third-party agreement to TEQSA as early as practicable.Ìý Ìý

Next steps:

• Consult theÌýTransnational Education (TNE) PolicyÌýand ensure compliance;
• Negotiations and the agreement should take into accountÌýall of the issues referred to in theÌýTNE Policy;
• Provide a Briefing Note describing the opportunity toÌýEducational ComplianceÌýas soon as possible, so that it can be provided to TEQSA;
• A copy of the signed Agreement must be provided toÌýEducational ComplianceÌýwithin 2 days of signingÌýto assist TEQSA notification timeframes.

Please notifyÌýEducational ComplianceÌýas soon as possible when proposing termination of a TPA,Ìýas TEQSA require the lodgement of a material change notification within 14 days of the termination advice. If the agreement is registered on CRICOS, a second notification will be required once the program has been taught out.

TEQSA will require copies of the following documents:

• A copy of APEAC deletion/major revision documentation, and accompanying Academic Board Minutes, if termination of the TPA results in a major change to or deletion of a program;
• A copy of the notification to the third party terminating the agreement;
• A copy of the communication/transition plan with example documents.

TEQSA will also require answers to the following questions:

• Will the University continue to offer the program/course at another campus?
• When will enrolments into the current program/course cease?
• What arrangements are in place for teaching out existing students?
• What information will be communicated to existing students with regards to the cessation of the TPA?

Revisions to an existing TPA (including adding a new course or program to be delivered by the third party)Ìýwill requireÌýa material change notification to TEQSA. Please contactÌýEducational ComplianceÌýwithin 2 days to assist in meeting TEQSA notification timeframes.

University's TPA termination process

Explanation of University's governance requirements

University TPA forms