• Review of TEQSA decisions

    As the regulator of Australian higher education, TEQSA makes decisions that may affect current and prospective providers.

    If your organisation is affected by a reviewable decision made by TEQSA, you may wish to make an application for internal review of that decision. This page provides an overview of reviewable decisions and applications for internal review.

    Reviewable decisions

    Reviewable decisions made under the Tertiary Education Quality and Standards Act 2011 (TEQSA Act) include decisions about:

    • applications for registration in a particular provider category
    • applications for course accreditation
    • conditions on a registration or course accreditation
    • renewing a registration or course accreditation
    • removing the authority of a provider to self-accredit one or more courses of study
    • shortening the period of a registration or course accreditation
    • cancelling a registration or course accreditation.

    Reviewable decisions under the Education Services for Overseas Students Act 2000 (ESOS Act) include decisions about:

    • whether a provider should be registered or have its registration renewed
    • the period for which a provider should be registered or have its registration renewed
    • imposing, varying or removing a condition on a provider’s registration
    • whether a course at a location should be added to a provider’s registration
    • extending a provider’s registration
    • imposing sanctions on a provider’s registration (such as cancellation or suspension of that registration).

    Reviewable decisions made under the Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 (Fee Determination) in relation to fees include decisions about:

    • the waiver of fees
    • the refund of fees. 

    Reviewable decisions made under the Tertiary Education Quality and Standards Agency (Registered Higher Education Provider Charge) Guidelines 2022 (Charging Guidelines) in relation to the registered higher education provider charge (RHEP charge) include decisions about:

    • notices informing a provider of the amount of the charge
    • the waiver of the charge or part of the charge
    • the refund of part of the charge.

    Options for review

    There are three possible options for review:

    1. an internal review of decisions
    2. a merits review of decisions made by TEQSA in the Administrative Review Tribunal (ART)
    3. a judicial review of administrative decisions.

    Internal review

    If a provider is dissatisfied with a reviewable decision made by a delegate of TEQSA, they can apply for an internal review of the decision. The application must be made in the approved form. Application documents will be made accessible via the Provider Portal. Please liaise with the TEQSA Enquiries Management team at providerenquiries@teqsa.gov.au to arrange your access to relevant application documentation.

    Fees for review application

    • Applications relating to decisions made under the TEQSA Act or the ESOS Act must be accompanied by the fee for an internal review application. See more information on our fees page.

    Application timing

    • Applications relating to decisions made under the TEQSA Act, the ESOS Act or the Fee Determination must be made within 30 days of the applicant being informed of the decision (or a longer period if agreed by TEQSA).
    • Applications made under the Charging Guidelines relating to decisions regarding the RHEP charge must be made within 14 days of the applicant being informed of the decision (or a longer period if agreed by TEQSA). 

    Decision timing

    • For internal review decisions relating to decisions made under the TEQSA Act, the ESOS Act or the Fee Determination, TEQSA must make an internal review decision within 90 days of receiving the application. TEQSA must provide written reasons for the decision within 30 days of a decision being made.
    • For internal review decisions relating to decisions made under the Charging Guidelines, TEQSA must provide written reasons for an internal review decision within 7 days of making that decision.

    Outcomes

    Where an application is made to TEQSA for an internal review, the person reconsidering the decision has the authority to affirm, change or revoke the decision. If TEQSA decides to revoke the original reviewable decision, TEQSA can make a new decision.

    ART review

    A provider can apply to the Administrative Review Tribunal (ART) for merits review of any internal review decision made by TEQSA.

    Providers can also apply to the ART for merits review of:

    • reviewable decisions made under the ESOS Act, or
    • reviewable decisions made under the TEQSA Act or the Fee Determination if the reviewable decision was not made by a delegate of TEQSA. 

    Merits review means the ART considers the available evidence and determines whether the relevant decision was the correct and preferable decision. For more information visit the ART’s website.

    Judicial review

    In certain circumstances, providers can apply to a court for a judicial review of an administrative decision made by TEQSA. A judicial review considers whether we correctly applied the law in making our decision but will not consider the merits of our decision.

    Last updated:
  • Tuition protection – information for providers

    In an event that a non-exempt registered higher education provider fails to commence or ceases to deliver a unit and/or course to their students (that is, the provider “defaults”), that provider has responsibilities under three different mechanisms depending on whether the student is an overseas student, a domestic student accessing Higher Education Loan Program (HELP) loans, or a domestic up-front fee-paying student. These mechanisms are summarised in the table below.

    Mechanisms covering different types of students

    International student Education Services for Overseas Students Act 2000 (ESOS Act)
    FEE-HELP or HECS-HELP student Higher Education Support Act 2003 (HESA)
    Domestic up-front fee-paying Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act)

    Providers with overseas and/or HELP students are already part of the tuition protection scheme. Regarding overseas students, providers should refer to Sections 46B and 46D of the ESOS Act for their specific obligations in the event of a default. For FEE HELP and HECS HELP students, providers1 should refer to Part 5-1A of HESA for their obligations in the event of a default.

    As of 1 January 2021, there are new requirements for providers2 regarding domestic students who pay their tuition fees up-front. Providers must pay any tuition protection levies (and any late payment penalty), keep records for tuition protection purposes, and disclose tuition protection information and documents to the Department of Education. Providers must also comply with certain obligations in the case of a default such as to provide a refund or alternate suitable unit and/or course replacement within 14 days to their students affected by the provider default.

    Providers are also required to report certain information in the approved form under Section 12 of the Tuition Protection (Up-front Payments Guidelines) 2020. The approved form can be found on the Department of Education's website.

    Relevant TEQSA requirements 

    Part 5A of the TEQSA Act sets out tuition protection arrangements for domestic up-front fee-paying students. It is a condition of registration for private higher education providers to meet the tuition protection requirements, including reporting student information and student notification requirements.

    The Higher Education Standards Framework (Threshold Standards) 2015 (HES Framework) contains obligations under Standard 6.2.1 for providers to ensure there are credible business continuity plans and adequately resourced financial and tuition safeguards to mitigate disadvantage to students who are unable to progress in a course of study due to unexpected changes to the higher education provider’s operations.

    The TPS alone does not fulfil this obligation and is not a replacement for it. For further advice on financial and tuition safeguards and implications of the new scheme for your context, contact the TEQSA Enquiries Management team at providerenquiriest@teqsa.gov.au.

    Table A providers (i.e. public universities), TAFEs and other government owned providers are exempt from the requirements relating to the up-front payments tuition protection arrangements, except for obligations relating to providing information about replacement courses (section 62N of TEQSA Act) and obligations of replacement providers (Section 62P and 62Q of the TEQSA Act). Further, they are still required to have arrangements for financial and tuition safeguards as per Standard 6.2.1 of the HES Framework. 

    Key links

    Notes

    1. 'Table A' Universities, TAFEs and other Government-owned providers are exempt from the tuition protection arrangements for HELP students, except for obligations relating to providing information about replacement courses (section 166-27 of HESA) and obligations of replacement providers (Sections 166-30 and 166-32 of HESA)
    2. 'Table A' Universities, TAFEs and other Government-owned providers are exempt from the tuition protection arrangements for domestic up-front fee-paying students, except for obligations relating to providing information about replacement courses (section 62N of TEQSA Act) and obligations of replacement providers (Section 62P and 62Q of the TEQSA Act).
    Last updated:
  • TEQSA’s work to support social cohesion and safety in higher education

    TEQSA is working to develop updated guidance to support compliance with provider obligations under the Higher Education Standards Framework (Threshold Standards) 2021.

    Our work is focused on supporting universities and other higher education providers to assure themselves that discussion around contested ideas does not risk student and staff wellbeing and safety, while being cognisant of the sector’s commitment to freedom of speech and academic freedom.

    This is part of TEQSA’s ongoing work to improve system responses to these issues within Australia’s higher education sector.

    TEQSA’s current work is focused on:

    • identifying and sharing best practice
    • updating guidance materials for higher education providers
    • developing statements of regulatory expectations about student grievances and complaints processes and academic adjustment/special consideration policies
    • continuing to engage with stakeholders including students, providers and other government agencies and experts.

    Roundtable meetings

    To support the development of updated guidance, TEQSA held roundtable meetings in October and November 2024, and February 2025.

    Invitees to these meetings include universities, students and other stakeholders, including the National Student Ombudsman, Australian Human Rights Commission, Universities Australia, the Special Envoy to Combat Antisemitism in Australia and the Special Envoy to Combat Islamophobia in Australia.

    TEQSA social cohesion roundtable with vice-chancellors on 31 October 2024

    TEQSA social cohesion roundtable with university managers on 15 November 2024

    Details regarding the 25 February 2025 roundtable meeting will be published in due course.

    Guidance materials

    Consultation for 2 interim regulatory guidance materials closed on Thursday 27 March 2025.

    Stay informed

    Updates on this work, including consultation opportunities, will be communicated via TEQSA’s website, our monthly e-News and social media channels. Be sure to sign up to our e-News to keep informed.

    If you have any questions about this work, please email socialcohesion@teqsa.gov.au.

    Last updated:
  • Key contacts at TEQSA (for providers)

    TEQSA’s Enquiries Management team (providerenquiries@teqsa.gov.au) is the primary contact for registered higher education providers with TEQSA-related enquiries. However, TEQSA also has specialist contact teams across the agency that are best placed to assist you in a timely and efficient manner when you have a specific enquiry. Please use the following list of key contacts to help direct your enquiry to the most appropriate TEQSA team contacts.

    Nature of enquiry Example enquiries Key Contact
    New application for initial registration Preparing an application for initial registration Email new.registration.enquiries@teqsa.gov.au
    In progress assessments for initial registration and accreditation for prospective providers Enquiring about a submitted application Contact the TEQSA staff member assigned to the assessment. If you are unsure who this is, contact new.registration.enquiries@teqsa.gov.au
    In progress assessments for course accreditation or reaccreditation for existing providers

    Enquiring about a submitted application for:

    • new course accreditation for existing providers
    • renewal of course accreditation.
    Contact the TEQSA staff member assigned to the assessment. If you are unsure who this is, contact assessments@teqsa.gov.au
    CRICOS matters
    • Enquiring about CRICOS or ESOS Act requirements
    • Preparing an application for CRICOS registration or renewal of registration
    • Submitting a CRICOS-related application e.g. to add a course
    • Enquiring about a submitted CRICOS-related notification or application.
    Email CRICOS@teqsa.gov.au
    ELICOS and Foundation Program matters
    • ELICOS or Foundation Program provider enquiries
    • Applying to add an ELICOS or Foundation Program to CRICOS
    • Applying for an exemption to enrol students under the age of 17 in Foundation Programs.
    Email CRICOS@teqsa.gov.au
    Provider registration matters
    Renewal of registration
    Withdraw provider registration
    • Preparing an application for renewal of registration
    • Submitting an application for renewal of registration 
    • Enquiries about renewal of registration applications in progress
    • Requesting an extension to registration period
    • Submitting an application to withdraw registration
    • Enquiries about withdrawing registration
    Email: reregistration.enquiries@teqsa.gov.au
    Self-Accrediting Authority or Provider Category Change
    Self-accrediting authority (SAA) 
    Change provider category 
    • Preparing an application for self-accrediting authority or provider category change
    • Submitting an application for self-accrediting authority or provider category change
    • Enquiries about applications in progress
    Email: reregistration.enquiries@teqsa.gov.au
    Application fees Enquiring about refunds for application fees. Email finance@teqsa.gov.au
    Material changes Submitting a material change notification. Email materialchanges@teqsa.gov.au
    Risk Assessment Framework Enquiring about the risk assessment process. Email risk@teqsa.gov.au
    Provider Information Request (PIR) Enquiring about the PIR. Email collections@teqsa.gov.au
    Sexual assault and sexual harassment guidance Guidance about prevention and response to sexual assault and sexual harassment matters. Email studentwellbeing@teqsa.gov.au
    Compliance matters 

    Enquiring about a compliance matter that TEQSA has notified you about, for instance:

    • a compliance assessment
    • an investigation.
    Contact the TEQSA staff member assigned to the compliance matter. If you are unsure who this is, contact the TEQSA Enquiries Management team (providerenquiries@teqsa.gov.au).
    Complaints about TEQSA Complaints about TEQSA’s practices, services or approach. Email review@teqsa.gov.au

    Preparing an application for:

      

    • Applying for new course accreditation for existing providers
    • Applying for renewal of course accreditation
    • Enquiries about:
      • withdrawing a course/ teach out
      • requesting an extension to accreditation period.
    Email: assessments@teqsa.gov.au
    Conditions

    Enquiries about:

    • conditions imposed on registration or course accreditation
    Email: conditionsundertakings@teqsa.gov.au
    Any other matters, enquiries or guidance Help with the Provider Portal, for example, changing and updating logins. Contact TEQSA’s Enquiries Management team at providerenquiries@teqsa.gov.au

     

    Last updated:
  • Our leadership and organisation

    TEQSA Commission

    Our Commissioners are appointed by the Commonwealth Minister for Education based on their expertise in higher education quality assurance and regulatory practice. Commissioners are responsible for making regulatory decisions, setting strategic directions, monitoring risk in the sector and deciding on matters relating to the development of our quality assurance and regulatory functions. The Commissioners are TEQSA's accountable authority.

    TEQSA's Commissioners also inform the higher education sector about our work and the responsibilities of higher education providers under the Australian Government’s regulatory system. Our Commissioners are:

    Professor Kerri-Lee Krause (Chief Commissioner)

    Photo of Professor Kerri-Lee Krause

    Professor Krause, former Vice-Chancellor and President of Avondale University, commenced as TEQSA’s Chief Commissioner on 7 April 2025.
     

    Professor Krause brings extensive higher education leadership and knowledge to TEQSA, with more than 30 years’ experience in public universities and independent institutions. The current chair of the Higher Education Standards Panel (until 7 April 2025), her leadership has focused on systemic institutional turnaround strategies through enhancing the quality of university learning, teaching and student experiences, particularly among diverse student cohorts. An Honorary Professorial Fellow at the University of Melbourne’s Centre for the Study of Higher Education, Professor Krause’s most recent book, Learner-centred leadership in higher education, is a practical guide on strategic higher education leadership practices with learners at the heart.
     

    Most recently, as Vice-Chancellor of Avondale University, Kerri-Lee successfully led Avondale’s transition from University College to University, applying lessons learned over many years of leading sector-level quality enhancement and university-wide organisational renewal and strategic improvement. Other executive leadership roles have included Deputy Vice-Chancellor Academic at Western Sydney University and La Trobe University and Provost at Victoria University where she led the introduction of the block model curriculum initiative and workforce renewal spanning the higher education and TAFE sectors. As Deputy Vice-Chancellor at the University of Melbourne, she led the Student Life executive portfolio, partnering with students, heads of student residential halls and colleagues across the University to enhance the quality of student engagement, safety and wellbeing.
     

    Her previous sector leadership includes four years as elected Chair of the Universities Australia Deputy Vice Chancellor (Academic) group and non-Executive Director on numerous boards. She led the national admissions transparency of higher education strategic priority on behalf of the Higher Education Standards Panel from 2017 to 2025. Professor Krause is internationally recognised for her contributions to higher education policy research and practice, including research on the evolving nature of higher education curricula, learners, academic work and implications for leadership, quality, standards and university governance.

    Adrienne Nieuwenhuis (Commissioner)

    Adrienne Nieuwenhuis

    Before her appointment as a TEQSA Commissioner in 2021, Adrienne was the Director of the Office of Vice-Chancellor at the University of South Australia. Prior to this, Adrienne was the Director Quality, Tertiary Education, Science and Research in the South Australian Department of Further Education, Employment, Science and Technology.
     

    Adrienne has provided strategic leadership, policy advice and investment direction to support tertiary education, science and research in South Australia. She was also responsible for the regulation of both higher education and vocational education and training (VET) in South Australia and worked closely with the Australian Government in the establishment of the national regulatory systems for both higher education and VET.
     

    Adrienne was an inaugural member of the Higher Education Standards Panel (2011–14) and the National Skills Standards Council (2011–13). She was reappointed to the Higher Education Standards Panel for a further three-year term in 2018.
     

    Adrienne has been a member of the South Australian Skills Commission since 2013 and has held several roles within the Commission, including Deputy Chair of the Commission (2013–14, 2019–20) and Chair of the Commission’s Traineeship and Apprenticeship subcommittee (2013 – present). Adrienne was also a member of the Australian Industry and Skills Committee (2019–22).
     

    Adrienne has over 30 years’ experience in tertiary education and has been a member of various state and federal committees and working parties associated with tertiary education. She holds an honours degree in science and a master’s degree in education policy and administration. 
     

    Adrienne served as Acting Chief Commissioner from 11 May 2024 to 6 April 2025.

    Emeritus Professor Elizabeth More AM, MAICD (Commissioner)

    Photo of Professor Elizabeth More

    Professor More was appointed to the TEQSA Commission in February 2025.
     

    Prior to her appointment to the TEQSA Commission, Professor More held a number of senior academic and leadership roles in higher education. Most recently, Elizabeth has been Chair of the Academic Board of the SP Jain School of Global Management, Board Chair of Nexus Education, and on the Council and Academic Board of Kings Own Institute. Previously, she was the Chief Academic Advisor/Director of Research at Study Group and a member of its senior leadership team. She has also served as Deputy Vice-Chancellor at Macquarie and Canberra universities and Director of the Macquarie University Graduate School of Management (MGSM), Managing Director of MGSM Pty Ltd; Chair of the Academic Senate at Macquarie University; Foundation Executive Dean of the Faculty of Business at the Australian Catholic University; Professor of Management and MBA and Research Director at MGSM; and Academic Director of Macquarie University’s city campus. She was also the Dean of the Faculty of Business, Management and Wellness, incorporating the Australian Institute of Management (AIM) School of Business and the Australasian College of Health and Wellness.
     

    A past president of the Australian and New Zealand Academy of Management, and of the Australian Communication Association, Elizabeth also has extensive experience in governance, and consulting to both private and public sector organisations. Before becoming a university academic, she worked as a classical ballet dancer in theatre and television, and in the advertising industry.
     

    In addition to being a member of the 2019 Australian Qualifications Framework review panel, Professor More has been on the editorial boards of the Journal of Global Responsibility, Asia-Pacific Journal of Business Administration, Australian Journal of Communication, Journal of Communication Management, Journal of International Communication, Knowledge and Process Management, and the Journal of Corporation Transformation.
     

    Professor More’s academic achievements were acknowledged in the Queen’s Birthday 2005 Honours List, when she received the award of Member of the Order of Australia (AM) for service to education, particularly in the fields of communication, management and organisational change. Her most recent research presentations and publications have been focused on change management in the non-profit sector, highlighting the implementation of the National Disability Insurance Scheme. Her latest publication with co-editors Associate Professor David Rosenbaum and Mark Orr, Journeys through the Disability and Mental Health Nonprofit Sector – The Theory and Practice of Leadership, will be published in April 2025 by Springer UK. Her academic qualifications include a Bachelor of Arts (Hons) (UNSW), Graduate Diploma in Management (Central Queensland University), Masters of Commercial Law (Deakin University), and a PhD (UNSW).
     

    Her recent work in the nonprofit sector has been as Chair of Flourish Australia, a Director of the Symphony for Life Foundation, and member of the Australian Institute of Company Directors’ NFP Chairs’ Forum.

    Stephen Somogyi (Commissioner)

    Stephen Somogyi

    Steve Somogyi was appointed a TEQSA Commissioner in November 2021. He has extensive global experience in the financial services, health care, higher education and prudential regulation sectors and has chaired boards and audit and risk committees.
     

    Steve served as the Chief Operating Officer at RMIT University for 10 years from July 2006 until July 2016. He then became a Strategic Adviser to Monash University, Victoria University, the University of Melbourne, the University of Adelaide, Siemens, Queensland Investment Corporation and Energy Trade.
     

    He has chaired complex projects including the Queen Street Precinct project to improve student experience for Victoria University. He also helped create the Net Zero Program for Monash to achieve energy savings and zero net carbon emissions by 2030 and developed a strategic approach to the Higher Education and Health Care sectors for the Siemens Smart Cities Business Unit.
     

    He was a member of the Expert Review Group for the Australian Council for Educational Research.
     

    Steve has held a range of senior roles in government and industry at the Australian Prudential Regulation Authority, Trowbridge Consulting, Mayne Nickless, Bonlac Foods, IOOF and the CPI Group. He worked at National Mutual for 27 years and ended his career there as Chief Finance Executive and Chief Actuary.
     

    His work on boards includes serving as a Commission Member of the Safety, Rehabilitation and Compensation Commission, former Chair of Guild Group, Director of UniSuper including Chair of the Audit, Risk and Compliance Committee, former Chair of Higher Ed Services, Chair of Course-Loop and former Director of Study Loans.
     

    Earning a Master of Science in High Energy Physics from the University of Melbourne and a Master of Science in Management (Sloan Fellow) from Massachusetts Institute of Technology, Steve is a Fellow of the Institute of Actuaries of Australia, of the Australian Institute of Company Directors and of the Financial Services Institute of Australia.

    Chief Executive Officer

    Dr Mary Russell, CEO

    Dr Mary Russell is CEO at TEQSA. She was appointed to the role in May 2024, having led TEQSA as acting CEO since June 2023.
     

    Mary joined TEQSA as the Executive Director of Regulatory Operations in 2022. In this role she led the regulatory teams which manage higher education provider registration, course accreditation, compliance and regulatory risk assessments.
     

    Before joining TEQSA, Mary was Assistant Ombudsman for Dispute Resolution at the Telecommunications Industry Ombudsman. She held executive roles at the Australian Health Practitioner Regulation Agency (AHPRA) for six years, including as State Manager for Victoria, National Manager of Notifications and National Manager of Regulatory Risk Strategy. While at AHPRA, she led the development and implementation of a risk-based approach to managing concerns about the performance and conduct of health practitioners.
     

    Mary has served as chair and member of regulatory boards, concurrently with roles as a health practitioner and a tertiary educator. She has extensive experience of university teaching, curriculum development and delivery, and has completed her PhD in Health Sciences.

    Executive Leadership Team

    The Commission is supported by an Executive Leadership Team (ELT) comprising the Chief Executive Officer, Executive Director of Regulatory Operations and senior managers. ELT is responsible for the management of our regulatory business, corporate processes and people.

    Organisation structure

    TEQSA organisation chart

    Audit and Risk Committee

    We have established an Audit and Risk Committee in compliance with the Public Governance, Performance and Accountability Act 2013 and PGPA Rule.

    Higher Education Standards Panel

    The Higher Education Standards Panel (HESP) is an expert statutory advisory body, established under the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), with responsibility related to the standards for delivery of higher education in Australia. 
    HESP is independent of TEQSA. 

    •    Learn more about HESP [External website]
     

    Last updated:
  • Guide to determining the fitness and propriety of a person

    Body

    Documents

    Please note that this guidance will be updated following the end of the caretaker period to reflect amendments to the Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018 made by the Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018 – Amendment No. 1 of 2025, which commenced on 5 April 2025.

    Overview

    In 2017, the Tertiary Education Quality and Standards Agency Act 2011 (the Act) was amended to include a ‘fit and proper person’ requirement at provider registration and renewal of registration, and as an ongoing condition of registration as a higher education provider.

    This requirement is located in the following provisions of the TEQSA Act:

    • Paragraph 21(1)(b) provides that TEQSA may grant an application for registration if it is satisfied that the applicant, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the applicant’s affairs, is a fit and proper person.
    • Paragraph 36(1)(b) contains an identical provision with respect to renewal of registration.
    • Subsection 25A provides that a registered higher education provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider’s affairs, must be a fit and proper person. This is a condition of registration.

    In December 2018, the Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018 (the Instrument) came into effect. The purpose of the Instrument is to specify matters that TEQSA may have regard to when determining whether a person is fit and proper under paragraph 21(1)(b), subsection 25A and paragraph 36(1)(b) of the Act.

    Section 7A of the Educational Services for Overseas Students Act 2000 (ESOS Act) also specifies matters that TEQSA (as an ESOS agency) must have regard to in deciding whether a provider is fit and proper to be registered for the purposes of the ESOS Act.

    This guidance sets out the principles and considerations that TEQSA will have regard to when assessing fitness and propriety for the purposes of the TEQSA Act.

    What does it mean to be a ‘Fit and Proper Person’?

    ‘Fit and proper person’ is not defined for the purposes of the Act. Read in the context of the Act, TEQSA considers that whether a person is fit and proper should be determined by reference to the person’s character and ability, as well as the likelihood that the person will comply with (or reasonably assist compliance with) the obligations imposed by the Act and the Higher Education Standards Framework (Threshold Standards) 2015 (Threshold Standards). Whether a body corporate is fit and proper should be determined by reference to the persons through whom the body corporate acts, as well as the body corporate’s own history. These considerations are reflected in the Instrument.

    The objects of the Act include, among other considerations, the protection and enhancement of Australia’s reputation for quality higher education and training services and to protect students undertaking, or proposing to undertake, higher education in Australia by requiring the provision of quality higher education. These considerations underpin TEQSA’s regulatory activities and inform the way in which fitness and propriety is assessed by TEQSA.

    How does TEQSA assess fitness and propriety?

    The evidence that is relevant to whether a person is fit and proper, and the weight that should be afforded to that evidence, will be considered in the circumstances of each case.

    A finding by TEQSA that a person is not a fit and proper person is a serious determination. This could result in the applicant being precluded from registration as a higher education provider or the possibility (if registered) of the registration being cancelled.

    Accordingly, when determining whether a person is fit and proper it is important that TEQSA give due regard to relevant considerations including a person’s:

    1. compliance with the law and provision of information
    2. previous conduct and management history
    3. financial record.

    The above matters can be considered in respect of the person (if an individual), a corporation and any of its officers (if a provider or prospective provider), including its directors, chief executive and managers, or other persons who are involved in making decisions that affect the whole, or a substantial part, of the provider’s affairs.

    Compliance with the law and provision of information

    In determining whether the person is fit and proper, TEQSA considers, amongst other things, whether the person has been convicted of an offence involving dishonesty, fraud, money laundering, theft or any other crime, and whether the person has been ordered to pay a pecuniary penalty. TEQSA also considers whether the person is currently involved in proceedings before a court or tribunal.

    TEQSA will take into account whether the individual presents with a record of any:

    1. criminal convictions
    2. professional denunciations and misconduct
    3. the provision of false or misleading information
    4. disqualification of registration, licence or accreditation.

    Should any of the above be found against the individual being assessed, then the decision maker should take into account additional matters such as:

    1. whether the conduct in question was regarded as relevant to exercising duties required for the registration, licence, authorisation, certification (or equivalent) within the Higher Education Sector
    2. the seriousness of the matter
    3. the length of time that has lapsed since the event occurred
    4. any history of past conduct
    5. any consequences for the applicant or any other person
    6. the implications of the matter—that is, what does it show about the person?
    7. the person’s attitude towards the matter—such as whether the person has learnt, changed and improved their behaviour and is unlikely to further offend in the future.

    Previous conduct and management history

    In determining a person’s fitness and propriety, TEQSA will have regard to a person’s past conduct, previous involvement and management history. This will include but not be limited to:

    1. whether the person has previously been found not to be fit and proper in relation to a relevant act, including those listed in subsection 10(1) of the Instrument
    2. whether the person’s registration to provide higher education courses, accreditation of a course or registration as an RTO under the Act or a State or Territory law has been cancelled, revoked, restricted, not renewed or suspended
    3. whether the person’s registration under the ESOS Act has been cancelled, revoked, restricted, not renewed or suspended
    4. whether the person has had a condition imposed on a registration, approval or arrangement to provide higher education courses, accreditation of a course or registration as an RTO under the Act, ESOS Act or a State or Territory law
    5. whether the person has breached a condition listed at d above
    6. whether the person has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001
    7. whether the person has the skills and experience relevant to govern and manage the affairs of a higher education provider
    8. whether the person has the technical knowledge and ability relevant to the specific duties for which they are engaged
    9. whether the person has a sound professional reputation (for example, based on the individual’s professional history and the views of others from the relevant field/s)
    10. whether the person has the confidence of peers, colleagues, clients, and the public at large to not engage in improper conduct in the discharge of their professional duties. This could involve matters that fall short of convictions but call into question the person’s judgement and integrity, such as whether the person represents as legitimate a qualification issued by an institution that is found to issue illegitimate qualifications (i.e. a degree or diploma mill).

    Financial record

    A person’s financial record is an important element in determining their fitness and propriety.

    When assessing the financial record of the individual, TEQSA will generally consider matters such as (but not limited to):

    1. whether there are any indicators that the individual will not be able to meet debts as they fall due
    2. whether relevant solvency requirements are met
    3. whether the individual has been subject to any judgment, debt or award that remains outstanding or has not been satisfied within a reasonable period
    4. whether the individual has made arrangements with creditors, filed for bankruptcy or been adjudged bankrupt or had assets confiscated
    5. whether the individual has been able to provide TEQSA with a satisfactory credit reference.

    Next steps

    If you have queries about TEQSA’s application of the fit and proper person requirements, please contact the TEQSA Enquiries Management team at providerenquiries@teqsa.gov.au for assistance.

    Document information

    IQAF document category External user guide
    Document owner General Counsel, Legal Group
    Review date TBC after 2025 caretaker period
    Version Approved by Brief description of the changes Date approved
    1.0 TEQSA Commission New guidance note for external users 20 August 2020
    1.1 General Counsel Annotation added 8 April 2025
    Stakeholder
    Publication type
  • Application guide for renewing CRICOS registration

    Background

    The application process for renewing CRICOS registration seeks to assure TEQSA that the provider is effectively anticipating, identifying and managing risks to the quality of education, and complying with the Education Services for Overseas Students (ESOS) legislative framework.

    This guide reflects TEQSA’s current process for providers applying to renew their CRICOS registration, under Section 10D of the ESOS Act.

    TEQSA is reviewing our regulatory risk framework. To stay up to date on consultation opportunities and our progress, subscribe to the TEQSA e-News
     

    The below application guide will be updated as our regulatory processes and operations are revised, to align with any revisions of our regulatory risk framework.

    Applications for renewing CRICOS registration have 3 key stages:

    • Stage 1: the provider prepares a CRICOS renewal application
    • Stage 2: TEQSA assesses the application
    • Stage 3: TEQSA decides on the application

    Application guide

    Further information

    For more information or assistance applying to renew CRICOS registration, please email the CRICOS team.

    Last updated:
  • CRICOS renewal assessment scope

    Legislative framework

    In assessing CRICOS renewal applications, TEQSA is guided by the Education Services for Overseas Students Act 2000 (ESOS Act) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018).

    Area of assessment Relevant legislation
    Student recruitment and admission
    • Sections 19 and 21 of the ESOS Act
    • Standards 1, 2, 3, 4, 5.1, 7 and 8 of the National Code 2018
    Student participation, support and experience
    • Standards 5, 6, 10 and 11 of the National Code 2018
    Student attainment
    • Standards 2.3, 8 and 9.3.3 of the National Code 2018

    How TEQSA assures compliance

    TEQSA is assured a provider is compliant with the ESOS Act and National Code when institutional and quality assurance processes indicate:

    • periodic monitoring, review and improvement processes are in place to actively ensure the:
      • integrity of recruitment and admission of overseas students
      • availability of sufficient support for overseas students
      • integrity of student progress and attainment
    • peak corporate and academic governance bodies are informed of, monitor and act on risks to overseas students
    • the provider will continue to comply with the ESOS Act and National Code as demonstrated by current governance and internal quality assurance processes and the extent of compliance with the selected Standards.

    If our assessment identifies unmitigated risks to the quality of education or overseas students, which affect Standards that are beyond the assessment’s scope, we’ll consider our regulatory response. Any response we make will be proportionate to the risks and tailored to the specific circumstances.

    If more information is needed or the scope of our assessment needs to change, we will reach out and provide an opportunity to supply additional details and address our concerns.

    More information about how we regulate is available on our website.

    Last updated:
  • Assessment and decisions for CRICOS registration renewal (Stages 2 and 3)

    Stage 2: TEQSA assesses the application

    Once all required evidence is received, we begin our assessment. During the assessment, we look at the evidence to determine current and ongoing compliance with all requirements of the ESOS Act, the National Code and any other relevant legislation within the ESOS Framework.

    If we identify any areas where your application is not compliant with legislative requirements, or is at risk of non-compliance, we will contact you. You will be given an opportunity to respond to our concerns and submit additional or revised evidence to demonstrate compliance, usually within 28 days.

    Stage 3: TEQSA decides on the application

    TEQSA may approve or reject your application for CRICOS renewal. In doing so, we will notify you, in writing, of our decision and the reasons for the decision.

    If TEQSA approves the application, we may decide to approve a period of registration less than the maximum 7 years. TEQSA may also decide to impose conditions on registration to manage any risks that have not been fully addressed in your institution’s application.

    If TEQSA decides to reject the application, or if you are dissatisfied with our decision, you may seek a review. Information on  your options for seeking a review of TEQSA decisions is available on our website.

    Last updated: