How to apply for TEQSA to assess a third-party agreement

CRICOS registered providers are required to apply to TEQSA to assess new arrangements with other providers (third-party partnerships), or changes to existing arrangements, in accordance with Standard 11.1.4 of the National Code 2018. Please also submit an application to add a new location where delivery will take place at a location operated by the third party.

TEQSA must be advised of all providers to be involved in providing a registered course, the role played by each provider in the delivery of the course, and the registered provider that will offer and confer the award (the primary provider).

Higher education providers with an arrangement with another party (in Australia or overseas) to deliver some or all of a higher education course must have effective mechanisms to manage and maintain quality assurance of all aspects of that arrangement. Where an arrangement is for the delivery of a course that is also delivered directly by the primary provider, the outcomes of the course are expected to be substantially the same and materially equivalent, irrespective of where the course is undertaken.

The primary provider:

• is accountable for the quality of education and any services delivered by another party on behalf of the primary provider
• will monitor and maintain quality assurance of any TPA it establishes
• will confirm that the TPA meets and continues to meet the Standards of the National Code
• is able to demonstrate that the requirements of the National Code are met. 

In reviewing an application, TEQSA will consider:

• the background of all parties involved in the arrangement
• the provider’s rationale for entering into the TPA and evidence of due diligence undertaken by the provider
• the nature and purpose of the arrangement, including how it will ensure ongoing compliance with the Standards of the National Code, with clear information about the responsibilities of each party
• how the provider’s monitoring and quality assurance processes will provide oversight of the third party
• how the provider plans to mitigate risks to quality.

Applications for TEQSA to assess arrangements with other providers should be submitted as soon as practicable and at least 30 days prior to the intended commencement date for delivery of the course/s. This is to ensure sufficient time for TEQSA to assess the application prior to commencement. If the application is incomplete or includes insufficient evidence, TEQSA may request additional information, which may delay the assessment.

To assess a new arrangement with another provider, or changes to an existing arrangement with another provider, TEQSA requires the following evidence regarding the proposed responsibilities, including quality assurance arrangements, of every provider involved in delivering a course to overseas students.

Arrangement details

Describe the proposed responsibilities, including quality assurance arrangement, for the other provider involved in delivering a course to overseas students.

Responsibilities of each provider

Summarise each provider’s responsibilities for managing the course, including responsibilities for curriculum design, teaching delivery and academic standards, library and learning resources, assessment, and the provider that awards the qualification.

Registered provider requirement (ESOS Act 11e)

Summarise how responsibilities are to be divided, and where responsibility is delegated to the third-party provider, how the primary provider will monitor quality and assure itself that the education provided is of a satisfactory standard. This should consider the requirements for course design, monitoring, review, and improvement under the Higher Education Standards Framework (Threshold Standards) 2021, the Education Services for Overseas Students (Foundation Program Standards) Instrument 2021, and the ELICOS Standards 2018 where applicable.

Marketing and recruitment (National Code, Standards 1-2)

Summarise how responsibilities are to be divided, and where responsibility is delegated to the third-party provider, how the primary provider will monitor quality and assure itself of compliance with the Standards regarding:

• marketing information and practices
• provision of information to students prior to enrolment.

Admissions and enrolment (National Code, Standards 3-4)

Summarise how responsibilities are to be divided, and where responsibility is delegated to the third-party provider, how the primary provider will monitor quality and assure itself of compliance with the Standards regarding:

• formalising enrolment through written agreements
• engagement and monitoring of education agents.

Care for and services to younger overseas students (National Code, Standard 5)

Summarise how responsibilities are to be divided, and where responsibility is delegated to the third-party provider, how the primary provider will monitor quality and assure itself of compliance with the Standard regarding:

• ensuring compliance with state or territory requirements relating to child welfare and protection
• provision of age and culturally appropriate information on who to contact in emergency situations, seeking assistance, and reporting sexual, physical, or other abuse
• managing accommodation, support, and welfare arrangements for younger overseas students
• selecting, screening, and monitoring any third parties engaged to organise and assess welfare and accommodation arrangements
• policy and procedure for managing critical incidents, and emergency situations where welfare arrangements may be disrupted for under 18 students
• managing working with children checks and related record keeping
• managing cancellations, suspensions, and transfers for younger overseas students.

Where the provider/s intend not to deliver to younger students, state this intention clearly in the application.

Student support services (National Code, Standard 6)

Summarise how responsibilities are to be divided, and where responsibility is delegated to the third-party provider, how the primary provider will monitor quality and assure itself of compliance with the Standard regarding:

• provision of orientation materials regarding support services available to overseas students, and referrals to service providers
• provision of support services and staff
• provision of a safe learning environment.

Governance and Quality Assurance (National Code, Standards 7-10)

Summarise how responsibilities are to be divided, and where responsibility is delegated to the third-party provider, how the primary provider will monitor quality and assure itself of compliance with the Standards regarding:

• managing overseas student transfers and transfer requests
• managing policy, record keeping, and reporting obligations related to overseas students’ visa requirements
• ensuring an appropriate balance of delivery modes
• ensuring compliance with the Standards in the context of any work-based learning
• managing the deferral, suspension, or cancellation of overseas students’ enrolment
• managing complaints and appeals.

Student Facilities and Resources (National Code, Standard 11)

Summarise how responsibilities are to be divided, and where responsibility is delegated to the third-party provider, how the primary provider will monitor quality and assure itself of compliance with the Standard regarding:

• ensuring course duration is appropriate and meets relevant requirements
• ensuring any work-based training is necessary, and is appropriately supervised and assessed
• ensuring adequate staff, education resources, facilities, equipment, learning and library resources, and premises
• ensuring the maximum number of overseas students proposed for a location is appropriate to the staff, resources, and facilities available
• notifying TEQSA of any arrangements regarding, or changes to:
  • course duration and holiday breaks
  • modes of study
  • work-based training
  • number of overseas students enrolled
  • arrangements with other education providers
• managing external audits where a provider has self-accrediting authority.

Frequently asked questions (FAQs)

How do I notify TEQSA that a third-party agreement (TPA) has been terminated?

Further information

For more information or assistance applying for TEQSA to assess a third-party agreement, please contact the CRICOS team at cricos@teqsa.gov.au.

For more information regarding fees providers must pay in relation to applications made to TEQSA, refer to our Application-based fees page.