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Determinations/Other as made
This instrument amends the Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 to implement revised cost recovery arrangements for the Tertiary Education Quality and Standards Agency.
Administered by: Education
Registered 23 Nov 2022
Tabling HistoryDate
Tabled HR24-Nov-2022
Tabled Senate25-Nov-2022
To be repealed 22 Mar 2023
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Commonwealth Coat of Arms of Australia

Tertiary Education Quality and Standards Agency Determination of Fees (Amendment) 2022

 

The Tertiary Education Quality and Standards Agency amends the Tertiary Education Quality and Standards Agency Determination of Fees No.1 of 2020, made on 30 April 2020 under subsection 158(1) of the Tertiary Education Quality and Standards Agency Act 2011 (the Act) as specified in the Schedule to this instrument.

 

Dated: 18 November 2022

 

 

 

 

 

 

 

Professor Peter Coaldrake

Chief Commissioner

 

 

 

 

 

 

 

Professor Joan Cooper

Commissioner

 

Adrienne Nieuwenhuis

Commissioner

 

 

 

 

 

 

Stephen Somogyi

Commissioner

 

 

 

1  Name

This instrument is the Tertiary Education Quality and Standards Agency Determination of Fees (Amendment) 2022.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 January 2023.

1 January 2023

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under subsections 158(1) and 158(3) of the Tertiary Education Quality and Standards Agency Act 2011.

4 Amendments

The instrument that is specified in the Schedule to this instrument is amended as set out in the items in the Schedule.


 

Schedule 1 – Amendments

Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020

1         Part 1 – Preliminary (at section 4, after ‘Act means …’)

Insert:

Core Standards means the following Standards, as set out in Part A of the Threshold Standards:  

(a)    5.1.2 (about Course Approval and Accreditation);

(b)   5.2.1, 5.2.2, 5.2.3 and 5.2.4 (about Academic and Research Integrity);

(c)    5.3.7 (about Monitoring, Review and Improvement);

(d)   6.1.3 and 6.1.4 (about Corporate Governance);

(e)    6.2.1 (about Corporate Monitoring and Accountability); and

(f)    6.3 (about Academic governance). 

ELICOS means English Language Intensive Course for Overseas Students.

2          Part 1 – Preliminary (at section 4, after ‘ESOS Act means…’)

Insert:

ESOS Agency has the same meaning as it has in the ESOS Act.

Foundation Program means a course to which the instrument made under section 176C of the ESOS Act applies.

3          Part 1 – Preliminary (at section 4, after ‘Higher education provider has…’)

Insert:

nested set of courses means a set of courses consisting of one primary course and one or more related courses of study.

primary course of study means the course of study from which all of the subjects or units comprising a related course of study are taken.

prospective provider means a regulated entity which is not a registered higher education provider.

4           Part 1 – Preliminary (at section 4, after ‘Registered higher education provider has …’)

Insert:

Regulated entity has the same meaning as it has in the Act.

5           Part 1 – Preliminary (at section 4, after ‘Registered higher education award has …’)

Insert:

related course of study means a course of study comprised entirely of subjects or units taken from another course of study offered by the same registered higher education provider (the primary course of study).

Teach out, in relation to an application for renewal of accreditation, refers to a course in which students are no longer allowed to enrol or commence.

6           Part 1 – Preliminary (at section 4, at ‘Teaching period in…’)

Omit:

Teaching period in relation to a course of study means the period(s) of time into which the course of study is divided by a provider for teaching purposes, for example a semester or a trimester.”

7           Part 1 – Preliminary (at section 4, after ‘Tertiary Education Quality and Standards Agency or TEQSA has …’)

Insert:

Threshold Standards has the same meaning as it has in the Act.

8           Schedule A – Fees

 

Repeal the table, substitute:

           

Item

Activity for which 
the fee is imposed

Amount of the fee

Registration

1

Preliminary assessment of application for registration as a higher education provider – s 19 of the Act

 

 

$12,900

 

2

Substantive assessment of application for registration as a higher education provider – s 20 of the Act

 

 

$100,600

 

3

Renewal of registration application – s 35 of the Act

 

Where the higher education provider is not also applying for self-accreditation  

Where the approved form for the application requires the applicant to address provisions of the Threshold Standards other than the Core Standards: $102,100

 

Otherwise: $60,000

4

Renewal of registration application combined with application for self-accreditation – ss 35 and 41 of the Act

 

Where the higher education provider applies for renewal of registration and for authority to self-accredit one or more courses of study at the same time

Where the approved form for the application requires the applicant to address provisions of the Threshold Standards other than the Core Standards: $116,400

 

Otherwise: $80,200.

5

Application for change of higher education provider category - s 38 of the Act

$49,300

6

Application to TEQSA as an ESOS Agency for registration to provide a course or courses at a location or locations to overseas students – s 9 of the ESOS Act

$22,200

 

7

Application to TEQSA as an ESOS Agency for renewal of registration – s 10D of the ESOS Act

Where the higher education provider has self-accrediting authority, $12,200

 

Where the higher education provider does not have self-accrediting authority, $24,900

 

8

Application to TEQSA as an ESOS Agency to add one or more courses at one or more additional locations to a higher education provider’s registration – s 10H of the ESOS Act

For each location for which the higher education provider is not registered at the time of the application: $11,700 per location

 

For each course for which the higher education provider is not registered at any location at the time of the application:

1.       $4,300 per ELICOS

2.       $4,400 per Foundation Program

3.      In all other cases, $400 per course

Course accreditation

9

Application for authority to self-accredit one or more courses of study

 

(where the higher education provider has not applied for renewal of registration at the same time) – s 41 of the Act

For an application by a higher education provider with no existing authority under the Act to self-accredit a course or group of courses of study – the fee is $49,300.

 

For an application by a higher education provider which is authorised under the TEQSA Act to self-accredit one or more courses of study – the fee is $38,800

 

10

Preliminary assessment of application by a prospective provider for accreditation of a course of study (other than an undergraduate certificate) – s 47 of the Act

$5,200 per course

 

* where a prospective provider has an equivalent full-time student load of 5000 or less, the table set out in section 2 of Schedule B applies

11

Substantive assessment of application by a prospective provider for accreditation of a course of study (other than an undergraduate certificate) – s 48 of the Act

Where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $39,500 per course.

 

Where an application is for accreditation of a nested set of courses, the fee is $39,500 for the primary course of study and $35,700 for each related course of study.

 

* where a prospective provider has an equivalent full-time student load of 5000 or less, the table set out in section 2 of Schedule B applies

12

Preliminary assessment of application by a registered higher education provider for accreditation of a course of study (other than an undergraduate certificate) – s 47 of the Act

Where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $4,600 per course.

 

Where an application is for accreditation of a nested set of courses, the fee is $4,600 for the primary course of study and $1,200 for each related course of study.

 

* where a higher education provider has an equivalent full-time student load of 5000 or less, the table set out in section 2 of Schedule B applies

13

Substantive assessment of application by a registered higher education provider for accreditation of a course of study (other than an undergraduate certificate) – s 48 of the Act

Where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $17,000 per course.

 

Where an application is for accreditation of a nested set of courses, the fee is $17,000 for the primary course of study and $4,200 for each related course of study.

 

* where a higher education provider has an equivalent full-time student load of 5000 or less, the table set out in section 2 of Schedule B applies

14

Preliminary assessment of application for accreditation of an undergraduate certificate –  s 47 of the Act

$300 per course

15

Substantive assessment of application for accreditation of an undergraduate certificate – s 48 of the Act

$1,100 per course

16

Application for renewal of accreditation for a course of study (other than an undergraduate certificate or an application made on the basis of teach out) – s 55 of the Act

Where an application is for renewal of accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $21,700 per course.

 

Where an application is for accreditation of a nested set of courses, the fee is $21,700 for the primary course of study and $5,200 for each related course of study.

* where a higher education provider has an equivalent full-time student load of 5000 or less, the table set out in section 2 of Schedule B applies

17

Application for renewal of accreditation for teach out course of study (other than an undergraduate certificate) – s 55 of the Act

Where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $2,800 per course.

 

Where an application is for accreditation of a nested set of courses, the fee is $2,800 for the primary course of study and $800 for each related course of study.

 

* where a higher education provider has an equivalent full-time student load of 5000 or less, the table set out in section 2 of Schedule B applies

18

Application for renewal of accreditation for an undergraduate certificate – s 55 of the Act

$1,100 per course

Conditions

19

Application to vary or revoke a condition of registration or accreditation – s 32(3) or s 53(3) of the Act

For an application made under subsection 32(3) in relation to a condition imposed on a higher education provider’s registration - $8,300 per condition

 

For an application made under subsection 53(3) in relation to a condition imposed on the accreditation of a course - $5,700 per condition

Review of decisions

20

Application for internal review of a decision made by a delegate of TEQSA – s 184 of the Act and s 169AD of the ESOS Act

 

$1,000

 

9           Schedule B (before Part 1 – Waiver and refund of fees)

 

Insert:

Part 1 – application provision – fees for substantive assessments

1           Fees for substantive assessments 

(1)   Subject to subsection (2), where, prior to 1 January 2023, a regulated entity makes an application under section 18 or section 46 of the Act, the relevant fee under section 20 or section 48 of the Act respectively for the substantive assessment of the application will be the fee payable under the Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 as it applied prior to the commencement of this instrument.

 

(2)   Where prior to 1 January 2023, an application is made under section 46 of the Act in relation to an undergraduate certificate and, the fee for the substantive assessment of the application has not been paid prior to 1 January 2023, the relevant fee under section 48 of the Act for the substantive assessment of the application will be the fee set out in item 15 of the table in Schedule A.

Part 2 – Course Accreditation Discounts

2           Discounts based on provider’s equivalent full-time student load

(1)   Where, on or after 1 January 2023

(a)   a provider makes an application to have a course of study accredited, or to have the accreditation of a course of study renewed; and

(b)   the provider’s equivalent full-time student load is less than 5,000 students,

the following discounts to the fees set out in items 10, 11, 12, 13, 16 and 17 of the table in Schedule A apply in relation to the application:  

Provider’s equivalent full-time student load

Percentage discount

Between 0 and 500

Seventy percent reduction

Between 500 and 1,000

Sixty percent reduction

Between 1,000 and 1,500

Fifty percent reduction

Between 1,500 and 2,000

Forty percent reduction

Between 2,000 and 3,000

Thirty percent reduction

Between 3,000 and 4,000

Twenty percent reduction

Between 4,000 and 5,000

Ten percent reduction

(2)   In this section

(a)   full‑time study load, for a student undertaking a course of study with a registered higher education provider for a year, means:

                                                  (i)            if section 169‑28 of the Higher Education Support Act 2003 applies to the provider in respect of the course—an amount of study, undertaken as part of that course in that year, that is represented by units of study that have a total EFTSL value (within the meaning of that Act) of 1; or

                                                (ii)            if paragraph (a) does not apply—an amount of study, undertaken as part of that course in that year, that is the equivalent of the minimum amount of study that a student undertaking that course on a full‑time basis would be expected to undertake in that year.

(b)   Provider’s equivalent full‑time student load means the total number of students enrolled, on an equivalent full‑time basis, in each accredited course provided by the provider in the year that is 2 years before the year in which the application for accreditation or the renewal of accreditation is made.

(3) In working out, for the purposes of the above table, the number of students enrolled on an equivalent full‑time basis in an accredited course in a year:

(a)   count a student that has a full‑time study load for the course and the year as 1 student; and

(b)   count any other student as a fraction that represents the student’s amount of study undertaken as part of the course and the year relative to a student that does have a full‑time study load for the course and the year.

Example: A full‑time student is enrolled in 8 units of study as part of a course for a year and is counted as 1 student. A part-time student is enrolled in 4 units of study as part of that course and is counted as half of 1 student. Another student is enrolled in 10 units of study as part of that course and is counted as 1 and a quarter of 1 student.

 

Part 3 – Waiver and refund of fees

3          Waiver of fees – undergraduate certificate decision not made prior to withdrawal

(1)   TEQSA may waive part of the fee set out in items 15 and 18 of the table in Schedule A, where the application for accreditation or the renewal of accreditation is withdrawn before a decision regarding the application is made.

(2)   If TEQSA determines to waive part of a fee under subsection (1), TEQSA must waive $300 from the fee that is otherwise payable.

 

10         Schedule B (at Part 1 – Waiver and refund of fees)

Repeal:  

Part 1 – Waiver and refund of fees”

 

11          Schedule B (at section 1)

Repeal the section, substitute:

4          Waiver of fees - general

TEQSA may waive all or part of the fees payable in Schedule A of this instrument in the following circumstances:

(a)    where an application is for renewal of accreditation of a course of study on the basis that:

(i)    No new enrolments will be permitted in the course from the date on which the provider’s current accreditation for the course is to end, and

(ii)  The provider ceases to provide the course at the conclusion of the first teaching period that commences after the date on which the provider’s current accreditation for the course is to end

         all or part of the fee for renewal of accreditation of the course may be waived.

 (b)  when the responsibility for offering or conferring one or more higher education awards has been transferred from one person or body, including a body politic or a body corporate (the first provider) to another person or body (the second provider) and the first provider is, or has been within one month prior to the date on which the second provider applies to TEQSA for registration as a higher education provider, a registered higher education provider, then TEQSA may waive all or part of the following fees in relation to the second provider:

 (i)    the fees for a preliminary and substantive assessment of an application for registration;

(ii)  the fees for preliminary and substantive assessments of any applications for course accreditation provided with the application for registration;

(iii) the fee for an application for registration under section 9 of the ESOS Act to provide a course at a location to overseas students.

 

12          Schedule B (at sections 2 and 3)

Repeal the sections, substitute:

5           Waiver of fees – special or unusual circumstances

(1)   TEQSA may waive any of the following fees that would otherwise be payable under this instrument, in whole or in part where, in TEQSA’s opinion, special or unusual circumstances exist which would cause the fee to be unreasonable or inequitable:

(a)   in all cases – a fee under items 3 – 5, 7 – 9 and 16 – 20 of the table at section (1) of Schedule A;

(b)   a fee under items 1, 2, 12 – 15 of the table at section (1) of Schedule A, where the fee relates to an application by a registered higher education provider.

(2)   In deciding whether to exercise its discretion under subsection 5(1), TEQSA must have regard the objective of recovering the costs associated with TEQSA’s regulatory effort in the assessment of applications. 

 

6          Refund of fees – special or unusual circumstances

(1)   TEQSA may refund all or part of any of the following fees, in whole or in part where subsection (3) applies and, in TEQSA’s opinion, special or unusual circumstances exist that cause the fee to be unreasonable or inequitable:

(a)   a fee under items 3 – 5, 7 – 9 and 16 – 20 of the table at section (1) of Schedule A;

(b)   a fee under items 1, 2, 12 – 15 of the table at section (1) of Schedule A, where the fee relates to an application by a registered higher education provider.

(2)   In deciding whether to exercise its discretion under subsection 5(1), TEQSA must have regard to the objective of recovering the costs associated with TEQSA’s regulatory effort the assessment of applications. 

(3)   This subsection applies to a fee which was paid to TEQSA on or after 1 January 2020.

13          Schedule B (at section 4)

Repeal the section

 

14          Schedule B (at Part 2 – Merits Review)

Repeal the heading, substitute:

Part 4 – Merits review

 

15          Schedule B (at Section 5)

Repeal the section, substitute:

7          Merits review

A decision under section 3, 4, 5 or 6 of this Schedule is a reviewable decision for the purposes of this Part.

 

16          Schedule B (at Section 6)

Repeal the heading, substitute:

8          Internal review

 

17         Schedule B (at subsection 6(7))

Repeal the subsection, substitute:

(7)  TEQSA is taken, for the purposes of this section, to have made a decision under paragraph 8(4)(a) affirming the reviewable decision if it does not make a decision within the period in subsection (6).

 

18         Schedule B (at section 7)

Repeal the section, substitute:

9          Review by the Administrative Appeals Tribunal

An application may be made to the Administrative Appeals Tribunal for review of:

(a)   a reviewable decision if the decision was not made by a delegate of TEQSA;

(b)   a decision of TEQSA under subsection 8(4).