The circumstances
In 2023, TEQSA observed an increase in risks to compliance in the recruitment of overseas students and the monitoring of education agents.
This included a large increase in the number of overseas students who, after being recruited by education agents, were refused a visa, failed to commence, or left the provider before completing their course of study.
This raised concerns that providers were not meeting their obligations under the National Code and HES Framework to recruit responsibly and to ensure their education agents were acting ethically, honestly and in the best interests of students.
Our role
TEQSA expects each provider to vigilantly monitor the conduct and performance of the education agents it engages to formally represent it. Further, providers are expected to develop mature processes for evaluating student performance and outcomes to inform its recruitment activities.
- Standard 4.1 of the National Code requires providers to enter into a written agreement with each education agent.
- Standard 4.3 of the National Code expects providers to ensure education agents act honestly and in good faith, and in the best interests of the student.
- Standards 4.4 and 4.5 of the National Code require providers to take immediate corrective action where an education agent or its subcontractor has not complied with its obligations, or terminate its relationship if the education agent has engaged in false or misleading recruitment practices.
- Standard 4.6 of the National Code requires providers to not accept students from an education agent that has engaged in dishonest recruitment practices, or facilitated the enrolment of an overseas student that is not bona fide or that the agent believes will not comply with visa conditions.
- Standard 7.1.1 of the HES Framework requires providers to ensure that representation of the higher education provider, its educational offerings and charges, whether directly or through agents and other parties, is accurate and not misleading.
- Standard 7.1.4 of the HES Framework requires providers to ensure that agents and other parties that are involved in representing the higher education provider are bound by formal contracts with the provider, their performance is monitored, and prompt corrective action is taken in the event or likelihood of misrepresentation or unethical conduct.
Our focus
In 2023, TEQSA’s assessments identified significant risks to compliance in the monitoring of education agents for numerous providers, including universities.
TEQSA sought information from each of these providers to better understand their processes for monitoring education agents, and their response to the elevated risk.
Some providers were able to address TEQSA’s concerns by demonstrating that robust and effective self-assurance mechanisms were in place. This included evidence that the provider had identified issues independent of TEQSA’s assessment, had taken steps to understand the root cause of the problems, and was in the process of implementing measures to address them.
Importantly, these providers were able to demonstrate that their governing bodies had sufficient and effective oversight of these risks and the actions to address them.
In contrast, some providers were unable to adequately address TEQSA’s concerns, and further regulatory intervention was required. TEQSA is working closely with the Department of Home Affairs, the Department of Education, and the Australian Skills Quality Authority to continue to monitor risks in the recruitment of overseas students and provider management of education agents.
Providers are expected to be able to demonstrate that they have effective processes and mechanisms in place for monitoring their education agents.
What providers can do
We encourage providers to:
- independently identify issues related to the recruitment of overseas students and the monitoring of education agents and take reasonable steps to understand the issues once identified
- take sufficient and immediate corrective action when poor performance by education agents is identified
- take comprehensive steps to address the root causes of identified issues, rather than implementing superficial or temporary measures
- develop mature monitoring and review processes for their education agents, informed by student progression, performance, and feedback
- implement quality assurance measures to address risks at an institutional level prior to the matter being raised by TEQSA.
Compliance monitoring approach