Third-Party Arrangements for Education Delivery Procedure

Overview

This procedure sets out the requirements for development, approval, management, review and monitoring of Third Party Arrangements (TPAs) relating to education delivery. The procedure aims to ensure that Adelaide University students have equivalent learning experiences and learning outcomes regardless of the location or delivery arrangements.

Please read this procedure along with the Curriculum Policy.

Scope and application

The TPAs for Education Delivery procedure applies to learning and teaching arrangements with one or more third-party providers that deliver, assess or support the granting of academic credit or conferring an academic award.

Examples of TPAs include:

• teaching and services delivery (e.g. student support services)
• pathway programs
• overseas campuses.

This procedure does not apply to TPAs in work integrated learning activities, student exchange, study abroad, study tours, articulation, credit transfer, dual awards, double degrees and jointly badged arrangements which are governed by the International

Collaborations and Agreements Policy or to TPAs that are governed by the [Jointly Conferred Coursework Awards Policy] and [Jointly Conferred PhD Awards Policy].

Additional requirements for establishing TPAs in transnational education arrangements are described in the [Transnational Education Procedure] and the International Collaborations and Agreements Policy.

Procedure

1. Assessing prospective TPA partners

1.1 We will only enter into a TPA with a partner whose quality of education provision, vision, mission and values are compatible with Adelaide University.

The proponent must complete a proposal for approval and undertake quality assessment and due diligence checks before proceeding in any substantive way with developing a new TPA. This process will be appropriate and proportionate for each prospective partner, and must include:

• background and rationale for the proposed TPA as informed by adequate benchmarking.
• market research on the proposed partner such as:
  • reputation of the proposed partner
  • student demand and capacity to pay
  • demographic profile
  • competition from domestic and offshore providers
  • student support, transport and communication infrastructure
  • information security protection capabilities.
• summarised results of the due diligence undertaken on the proposed partner including, where relevant:
  • organisational ownership, governing body, legal status and structure
  • registration and accreditation status in relevant jurisdiction including any limits on its scope of operations
  • capacity to enter into a contract with the Adelaide University
  • a statement of mission and purpose, and evidence of compatibility with Adelaide University objectives, mission and values
  • evidence of financial probity and stable financial status
  • appropriate academic staff qualifications
  • appropriate physical resources and facilities
  • student admission, enrolment and support services
  • quality management system
  • controls and processes in place to protect student personal data from unauthorised access.
• Where a proposed partner is a foreign entity, the proposal must consider the legal, financial, taxation and regulatory requirements of the relevant country and be developed in alignment with the International Collaborations and Agreements Policy.

2. TPA proposals and agreements

2.1 TPA proposals require support and endorsement from the Dean of School or administrative unit. If related to a college, endorsement is also needed from the relevant Dean, Academic and, for international TPAs, the Dean, International and Engagement.

2.2 Endorsed proposals must be submitted for approval to the relevant delegate specified in the Delegation Policy.

2.3 Proposals that are not approved will be returned to the proponent area with feedback as to the reasons for non-approval.

2.4 After the TPA proposal is approved, negotiations with the proposed partner may commence to formalise the arrangement. TPAs will be governed by written, legallybinding agreements (or other equivalent legal documents) that must be developed with Legal Services and include clearly defined obligations and responsibilities of each party, as outlined in Appendix A of the Tertiary Education Quality and Standards Agency (TEQSA) Guidance Note on Third Party Arrangements.

2.5 Written TPA agreements will be proportionate to the scale and nature of the involved activities and will allow Adelaide University sufficient powers to protect standards and quality.

2.6 TPA agreements must be signed by an authorised officer of the partner and a duly authorised Adelaide University officer. See the Delegations Policy.

2.7 An agreement must be in place before students can be admitted to the program or enrolled in the course, in cases where the agreement relates to the delivery of one or more courses.

2.8 Fees associated with the registration and renewal of TPAs will be the responsibility of the proponent area.

3. TPA reporting and recordkeeping

3.1 TPAs must be recorded in accordance with the [Records Management Procedure] and forwarded by the proponent area to [Education Quality] within 2 weeks from the date of signing for reporting to TEQSA.

3.2 Adelaide University will maintain a register (by type and category) of TPA agreements.

3.3 Information to assist in a robust, evidence-based, monitoring and review process must be stored in accordance with Adelaide University’s [Record Management Procedure] and include:

• minutes of relevant governing body meetings to demonstrate monitoring of material issues and risks associated with TPA operations
• approved action plans implemented in response to concerns/issues/risks and associated progress reports
• TPA audit reports, including evidence that the recommendations arising from audits have been implemented  
• consideration and approval of any changes to the international-based TPA (e.g. delivering new courses, initiating teach-out), if applicable
• details of other quality assurance mechanism/s Adelaide University or the third-party provider has in place (e.g., cohort analysis, benchmarking, reporting).

4. TPA monitoring and annual review

4.1 The proponent area must ensure that quality assurance monitoring and review of TPAs is undertaken, including that:

• contractual agreements are suitable and are being effectively performed and managed
• the academic, business, strategic and reputational case for continuing each agreement is appropriately considered
• any major changes to the operations of a partner or failure of a partner to deliver expected services on Adelaide University's behalf are reported within 5 business days to the [Education Quality] who will assess whether a material change notification is required.

4.2 The proponent area will conduct an annual review of the TPA and report the outcomes to the [Adelaide University Education Committee (AUEC)]. The review will include:

• academic quality, quality of services delivered, and any improvement plans  
• compliance with relevant regulatory or legislative requirements and adherence to relevant Adelaide University policies and procedures
• data on student academic performance, student and graduate survey results, graduate employment and outcomes and comparison data from similar university student cohorts or other benchmarks that allow a comparison of the effectiveness of the TPA
• status of any professional body accreditations and issues that relate to the TPA
• ongoing staffing and resourcing required to support the TPA.

5. TPA strategic review and evaluation

5.1 The proponent area must ensure that a strategic review of a TPA occurs at least every 3 years and be initiated at least 12 months prior to the expiry of the contractual agreement. A TPA cannot be renewed or extended without the review.

5.2 Strategic reviews will consider all the issues covered in the annual review (Procedure 4) as well as the strategic nature of the arrangement and if the collaboration should continue beyond the term of the agreement.

5.3 The strategic review process may include:

• a comparative assessment based on evidence from external references
  
• auditing by an external reviewer to assess performance against the agreement deliverables and compliance with the Higher Education Standards Framework.

5.4 All relevant areas (including different colleges as applicable) must provide relevant information about the TPA and make a recommendation on renewal or non-renewal of the agreement.

5.5 The outcome of the strategic review will be reported to the [AUEC] and subsequently to the Academic Board along with a recommendation to renew, extend or terminate the agreement. The endorsed recommendation will then be forwarded to the relevant delegate for approval. Refer to the Delegation Policy.

6. TPA renewal

6.1 The criteria for renewal of TPAs includes but is not limited to:

• continued alignment with the strategic directions and priorities of Adelaide University
• significant ongoing activity that is of benefit to Adelaide University
• continued financial viability of the initial business case
• ongoing commitment of the partner and key personnel to the agreement
• maintenance of expected academic standards and positive ongoing quality of the student experience
• a re-assessment/evaluation of the risk, opportunity, and benefits with a positive outcome.

6.2  If renewal is approved, the proponent area will manage the updating, amending (if required) and signing the agreement, as well as post-signing, monitoring and review. [Education Quality] must be notified of TPA renewals for TEQSA reporting.

6.3 If the renewal is not approved, a formal communication of Adelaide University’s decision must be sent to the partner by the proponent.

7. Major changes

7.1 Major changes to TPAs require the same approvals processes and considerations as renewals of TPAs. [Education Quality] must be informed of all major changes to TPAs for reporting to TEQSA. Major changes include:

• the addition of other Adelaide University programs to the partnership
• the addition of new delivery locations
• changes to the partner that affect their ability to achieve the same learning outcomes or maintain the suitability requirements.

8. Termination

8.1 Termination of a TPA must be carried out in a manner that ensures Adelaide University’s interests are protected, including the interests of our students, and with advice and assistance from Legal Services. [Education Quality] must be informed of all terminations of TPAs for reporting to TEQSA.

8.2 When making decisions on the termination of an academic partnership, Adelaide University will consider:

• teach out responsibilities to students
• legal, financial and reputational implications
• other areas of Adelaide University directly and indirectly involved in the partnership
• compliance with relevant regulatory and legislative requirements.

8.3 Communication of the termination of a TPA by Adelaide University to the partner must include:

• the grounds for termination
• reference to the corresponding termination clauses of the agreement.
  

Definitions used in our procedure

This procedure document has been adopted from the University of Adelaide and adapted to meet Adelaide University requirements. All definitions have been reviewed and aligned with the Adelaide University glossary to ensure consistency and accuracy. Where terms differ from common usage or legacy terminology, the definitions in the Adelaide University glossary prevail.

Foreign entity, as defined in Section 8 of Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 and, for the purposes of the Foreign Arrangement Scheme, it includes foreign governments as well as universities that are located in a foreign country and lack institutional autonomy.

A Material Change Notification is a mandatory written advisement to TEQSA disclosing a recent or imminent change of circumstances that is either identified as a risk to Adelaide University’s ability to comply with the Higher Education Standards Framework (Threshold Standards) 2021 or will require an update to the Australian Government’s National Register of Higher Education Providers and Courses.

Partner means a legally established entity separate from Adelaide University with which Adelaide University has a formal relationship for the purposes of delivering programs and associated support services to students.

Proponent refers to Adelaide University staff member proposing a new agreement.

Proponent area refers to Adelaide University’s Division, College, School, Branch, Institute or Centre in which the proponent works.

A Third-Party Arrangement (TPA) is a formal relationship between Adelaide University and a third party contracted to deliver in whole or in part Adelaide University programs and associated support services to students according to the terms of a legally binding agreement.

Work integrated learning is an umbrella term for a pedagogical approach that combines theoretical learning of a discipline or professional context with practical experience, either actual, simulated and/or virtual, as a planned part of the curriculum. This approach helps students apply academic concepts to real-world work and professional situations, enhancing their skills, employability and understanding.

How our procedure is governed

This procedure is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.

Legislation and other documents related to our procedure

Refer to the Delegation Policy for all delegations at Adelaide University.

History of changes

At the time of writing, Adelaide University’s organisational structure, position titles, and committee names have not been confirmed. Square brackets [ ] indicate placeholders for these details. Brackets are also used to identify policy elements that are subject to further decision-making or confirmation. These will be updated once final decisions are made.