Government Update - TEQSA/ASQA announcement & TPS update

2 July 2012

English Australia was informed on Friday that a message had gone live on PRISMS regarding the commencement of ASQA and TEQSA as delegated authorities under ESOS.

Click here to view the PRISMS message.

Whilst this notice was primarily intended to notify providers of the handover of ESOS responsibilities from DIISRTE to ASQA/TEQSA, 1 July is also the date when TEQSA takes responsibility for Foundation Programs and certain ELICOS providers.

The legislative instrument determining designated authority for ELICOS and Foundation Programs has also been revised along the principle that wherever possible a provider will only have one designated authority. 

ASQA will have responsibility for regulating ELICOS courses delivered by an RTO and a ‘stand-alone’ ELICOS provider except:

- where delivered in the capacity of a school, in which case the relevant state body will be the designated authority or

- a higher education provider or where delivered in a pathway arrangement* with at least one higher education provider, in which case TEQSA will be the regulator.

* (pathway arrangement: under which an overseas student, who completes an ELICOS program with the provider, meets the minimum English proficiency requirements for entry with the higher education provider to study a higher education course or Foundation program).

In the absence of this latest information, English Australia had assumed that ASQA would be the regulatory body for most ELICOS providers, however with the new definition provided on Friday it seems that TEQSA will be responsible for a larger number of ELICOS providers than originally anticipated.

English Australia has requested an urgent meeting with TEQSA to clarify what arrangements they have in place to manage their ELICOS responsibilities.  We will continue to keep member colleges informed as we learn more. 

In order to understand how many member colleges will come under the regulatory authority of each body, we would be grateful if you could inform the Secretariat whether under the definition above, you would come under the jurisdiction of  ASQA or TEQSA.

Click here to view a FAQs information sheet prepared by AEI.

TPS Director

The Minister for Tertiary Education, Senator the Hon Chris Evans has announced the appointment of Mr Vipan Mahajan as the new Tuition Protection Service (TPS) Director.  As TPS Director, Mr Mahajan will oversee the establishment and operation of the TPS framework under the ESOS Act. This will include the operation of the student placement system, payments to providers for accepting students affected by a provider default and refunds to students where appropriate. The TPS Director will also set key components of the TPS levy to be paid into the Overseas Students Tuition Fund by providers annually.

Mr Majahan has been appointed to the role by the Minister, with approval from the Prime Minister, for a period of 3 years. This follows a merit process led by an executive search company. Mr Mahajan brings to the role considerable experience in the APS, most recently as General Manager, South and South East Asia and Scholarships Branch, International Education Division, Department of Industry, Innovation, Science, Research and Tertiary Education. Mr Mahajan’s background in financial management and his understanding and experience in the international education and training sector, particularly around consumer protection will serve him well in this position.

Please see the Minister’s media release and for further information on the TPS, please visit www.tps.gov.au.

TPS Secretariat

Positions have been filled with staff formally commencing in these roles from 1 July. Mr Craig Johnson has been appointed as TPS Manager.  Craig will move from his role as Director, Strategic Support within AEI’s International Quality Branch. 

TPS Advisory Board

The TPS Advisory Board is a key component of the TPS framework and will provide advice and make recommendations to the TPS Director, who is responsible for determining the annual TPS levy. The Minister appoints Advisory Board members, who will be appointed in time for the Board to perform its functions. Government and non-government members will be appointed to the Board in accordance with the legislation. Appointments are expected to be finalised in time for the Board to meet and provide advice to the TPS Director in relation to  the 2013 Levy.

TPS Administrator

The tender process has been finalised and an announcement from the TPS Director will be made shortly after his appointment officially commences on 1 July.

Communications

A significant amount of communication activity has been undertaken by AEI recently. Some key elements include:

- A TPS brochure for students is currently in final stages of publication.  It will be available on the TPS website and distributed in hard copy at the upcoming CISA conference and other key events.  The student brochure is also being published online in the languages of the major  countries of origin for international students: Mandarin Chinese (simplified), Hindi, Hangul, Bahasa Indonesia, and Vietnamese.

- Updates to PEO’s through PRISMS supplemented by a hard copy mailout to all providers with copies of the  Provider and Student brochures on the ESOS reforms.

- Regular updating of the FAQs on the AEI website.

- Redevelopment of the ESOS elements of the AEI website. New information includes, an updated ESOS home page categorised into Legislation, Standards, Provider Registration, Information for Students,  updates to reflect the recent transition of functions to TEQSA and ASQA and links to the new Tuition Protection website.

- Grants provided to nine international education sector bodies to undertake projects to support their constituency to transition to the new arrangements.

Further information regarding the TPS can be found at www.tps.gov.au.