Part 1 – Preliminary
1 Name of Determination
This Determination is the Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020.
3 Authority
This determination is made under sections 158(1) and 158(3) of the Tertiary Education Quality and Standards Agency Act 2011
4 Interpretation
In this Determination:
Act means the Tertiary Education Quality and Standards Agency Act 2011.
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.
ESOS Act means the Education Services for Overseas Students Act 2000.
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.
Higher education award has the same meaning as it has in the Act.
Higher education provider has the same meaning as it has in the Act.
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.
Registered higher education provider has the same meaning as it has in the Act.
Regulated entity has the same meaning as it has in the Act.
Regulated higher education award has the same meaning as it has in the Act.
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.
Tertiary Education Quality and Standards Agency or TEQSA has the same meaning given at section 5 of the Act.
Threshold Standards has the same meaning as it has in the Act.
Schedule A – Fees
Fees payable for the performance of TEQSA’s functions
(1) The fee for an activity mentioned in an item in the following table is the amount mentioned in the third column for that item.
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 | $13,900 |
2 | Substantive assessment of application for registration as a higher education provider – s 20 of the Act | $105,900 |
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: $106,700 Otherwise: $62,400 |
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: $122,000 Otherwise: $70,800 |
5 | Application for change of higher education provider category - s 38 of the Act | $48,900 |
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 | $23,200 |
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, $12,800 Where the higher education provider does not have self-accrediting authority, $26,000 |
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: - Where the higher education provider has self-accrediting authority, $1,800
- Where the higher education provider does not have self-accrediting authority, $9,100
For each course for which the higher education provider is not registered at any location at the time of the application: - $4,800 per ELICOS
- $4,900 per Foundation Program
- In all other cases, $500 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 $48,900 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 $34,700 |
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 | $5,600 per course * where a prospective provider has an equivalent full-time student load of less than 5000 students, 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, $42,200 per course. Where an application is for accreditation of a nested set of courses, the fee is $42,200 for the primary course of study and $37,700 for each related course of study. * where a prospective provider has an equivalent full-time student load of less than 5000 students, 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, $4,900 per course. Where an application is for accreditation of a nested set of courses, the fee is $4,900 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 less than 5000 students, 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, $18,000 per course. Where an application is for accreditation of a nested set of courses, the fee is $18,000 for the primary course of study and $4,500 for each related course of study. * where a higher education provider has an equivalent full-time student load of less than 5000 students, 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 | $1,200 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, $23,100 per course. Where an application is for accreditation of a nested set of courses, the fee is $23,100 for the primary course of study and $5,500 for each related course of study. * where a higher education provider has an equivalent full-time student load of less than 5000 students, 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, $2,900 per course. Where an application is for accreditation of a nested set of courses, the fee is $2,900 for the primary course of study and $700 for each related course of study. * where a higher education provider has an equivalent full-time student load of less than 5000 students, 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 - $3,600 per condition For an application made under subsection 53(3) in relation to a condition imposed on the accreditation of a course - $2,900 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 |
Schedule B - Other matters relating to the payment of fees
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 |
A number equal to or greater than 0 but less than 500 | Seventy percent reduction |
A number equal to or greater than 500 but less than 1000 | Sixty percent reduction |
A number equal to or greater than 1,000 but less than 1,500 | Fifty percent reduction |
A number equal to or greater than 1,500 but less than 2000 | Forty percent reduction |
A number equal to or greater than 2,000 but less than 3,000 | Thirty percent reduction |
A number equal to or greater than 3,000 but less than 4000 | Twenty percent reduction |
A number equal to or greater than 4,000 but less than 5000 | 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.
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.
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 6(1), TEQSA must have regard to the objective of recovering the costs associated with TEQSA’s regulatory effort in the assessment of applications.
(3) This subsection applies to a fee which was paid to TEQSA on or after 1 January 2020.
Part 4 – Payment of Fees by instalments
7 Payment by instalments
(1) If a registered higher education provider, planning to make an application to which one of the fees set out in Schedule A applies, makes a request to pay the relevant fee by instalments and, TEQSA determines that the circumstances set out in subsection 7(2) exist, TEQSA may determine that the provider can pay the relevant fee by instalments.
(2) TEQSA may make a determination under subsection 7(1) where, in TEQSA’s opinion, special or unusual circumstances exist which would cause a requirement to pay the fee in a single instalment to be unreasonable or inequitable.
(3) In deciding whether to exercise its discretion under subsection 7(1), TEQSA must have regard to the objective of recovering the costs associated with TEQSA’s regulatory effort in the assessment of applications.
(4) TEQSA must, within 30 days of making a decision under subsection 7(1), notify the provider in writing of TEQSA’s decision and the reasons for that decision.
(5) The notification described in subsection 7(4) must also set out the terms and conditions for payment of the fee by instalments. The terms and conditions imposed by TEQSA in relation to payment by instalments must:
(a) provide for payment of the full fee amount within 4 instalments or less;
(b) set out the dates on which each instalment is due and provide for payment of the full fee amount within 12 months of the date on which the relevant application is made;
(c) be aimed at ensuring TEQSA recovers the full fee amount:
(i) as soon as is reasonably practicable, having regard to the registered higher education provider’s ability to pay the fee; and
(ii) (where the application is for the accreditation of a course of study) before TEQSA is required to make a decision regarding the application, per sections 47(1) or 49(2)(a) of the TEQSA Act (as relevant).
(6) If TEQSA exercises its discretion under subsection 7(1) in relation to the payment of a fee for an application, for the purposes of TEQSA’s assessment of the application:
(a) the application will be taken to be accompanied by the fee determined under section 158 of the TEQSA Act; or
(b) the applicant will be taken to have continued with the application by paying the fee determined under section 158 for a substantive assessment,
once the first instalment for the relevant fee has been paid.
Part 5 – Merits review
8 Merits review
A decision under section 3, 4, 5, 6 or 7 of this Schedule is a reviewable decision for the purposes of this Part.
9 Internal review
(1) Where a reviewable decision is made by a delegate of TEQSA, a person affected by the decision may make an application for internal review of the decision.
(2) An application for internal review pursuant to this section must:
(a) be made within 30 days after the applicant is informed of the decision, or within such longer period as TEQSA allows;
(b) set out the reasons for the application.
(3) Upon receiving an application for internal review, TEQSA must review the reviewable decision.
(4) TEQSA may:
(a) affirm, vary or revoke the reviewable decision;
(b) if TEQSA revokes the decision, make such other decision as TEQSA thinks appropriate.
(5) TEQSA must, within 30 days of making its decision on review, notify the applicant, in writing, of:
(a) the decision; and
(b) the reasons for decision.
(6) TEQSA must make its decision on the review of a reviewable decision within 90 days after receiving the application for review.
(7) TEQSA is taken, for the purposes of this section, to have made a decision under paragraph 9(4)(a) affirming the reviewable decision if it does not make a decision within the period in subsection 8(6).
10 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 9(4).
