What are conditions?
In order for a higher education provider to become and remain registered as a provider of higher education it needs to meet certain conditions.
‘Conditions’ are obligations on registered providers. Examples of conditions imposed by the Act include that higher education providers need to offer at least one accredited course of study, and cooperate with TEQSA to enable it to carry out its regulatory functions.
There are two kinds of conditions:
- Conditions imposed by the Act; and
- Conditions that may be imposed by TEQSA under its governing legislation.
When might TEQSA impose conditions?
TEQSA may place specific conditions on a provider’s registration or course accreditation for a fixed period of time and particular purpose. Any additional condition will be aimed at addressing an identified concern about the provider’s higher education activities.
If TEQSA identifies a risk of non-compliance with the Threshold Standards it may require a provider to take action including:
- reviewing certain activities within a particular time;
- giving TEQSA a report about how it has addressed the problems TEQSA has identified, and/or;
- not enrolling students in a particular course or not offering or conferring a particular higher education award.
How TEQSA makes decisions
When making a decision to impose a condition TEQSA considers all the relevant evidence about the provider. TEQSA complies with the basic regulatory principles of reflecting risk, proportionate regulation, and regulatory necessity.
Providers will be given an opportunity to comment on a proposed decision to impose a condition that may adversely affect them. The provider can put forward any information that it considers relevant before TEQSA makes a final decision.
TEQSA will let a provider know, in writing, within 30 days of making a decision to impose, vary or revoke a condition. It will explain what the condition is, the reasons why 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 to TEQSA for a condition to be revoked or varied, using the documents below. This may include where a provider believes an imposed condition has been fully met or should be changed.
Information for providers on how to apply to vary or revoke a condition is available in the application guide below. It is essential that applicants read the application guide before completing the form.
- Application Guide – Application for Variation or Revocation of a Condition (PDF, 533.93 kb, 13 pages)
- Application Form – Application for Variation or Revocation of a Condition (Word, 193 kb, 5 pages)
- Applicable fees for Varying or Revoking a Condition of Registration or Accreditation
A provider can apply to have a decision to impose a condition on the provider’s registration or course accreditation reviewed. For more information about the avenues of review open to a provider, visit the review of TEQSA decisions page.
Providers that do not meet a condition
A provider must comply with conditions on its registration or course accreditation. Where a provider fails to comply with a condition, the TEQSA Act allows TEQSA to take action including court proceedings, shortening or cancelling registration or course accreditation. TEQSA will consider whether to take further action in light of the basic principles for regulation.
National Register of higher education providers
Any specific conditions on a provider’s registration applied from 1 July 2013 are noted on the National Register after the provider has been notified of the decision and has had the opportunity to comment on the information to be published. TEQSA will not, except where there are exceptional circumstances, note a decision on the Register, or publish a public report on the Register until the period for applying for review of the decision has expired, or in cases where a review application is made, until the review is completed.
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