Transnational Education Procedure

Overview

This procedure outlines the processes that underpin Adelaide University’s transnational education arrangements. Please read this procedure along with the International Collaborations and Agreements Policy.

Scope and Application

This procedure applies to Transnational Education (TNE) and Adelaide University staff who are engaged in the development, delivery and administration of TNE.

This procedure does not apply to:

• jointly conferred or badged awards. See the [Jointly Conferred Coursework Awards Policy] and [Jointly Conferred PhD Awards Policy].
• student exchange, study abroad, study tours, articulation, credit transfer, dual awards and double degrees. See the International Collaborations and Agreements Procedure for these partnership activities and the International Collaborations and Agreements Policy for other procedures that may relate to a proposed partnership activity.

Implementation of this procedure will be carried out in accordance with Adelaide University’s Staff Code of Conduct. Any attempts to exert pressure improperly or influence actions or decisions made pursuant to this procedure must be reported in accordance with the [Fraud and Corruption Policy].

Procedures

1. Proposing a TNE arrangement

Where a potential TNE arrangement is identified, the proposer must obtain inprinciple support from the Associate Director, Transnational Education or Pro Vice Chancellor, Global Partnerships before preparing an initial concept proposal and a foreign compliance review.

The initial concept proposal must:

• outline the background and rationale for the proposed TNE arrangement which must be informed by adequate benchmarking.
• include market research on the proposed TNE partner such as:
  • reputation of the proposed partner
  • student demand and capacity to pay
  • demographic profile
  • competition from domestic and offshore providers
  • student support infrastructure
  • transport and communication infrastructure.
• summarise the results of the due diligence undertaken in relation to the proposed TNE partner including at a minimum:
  • organisational ownership, governing body, legal status and structure, and an assessment of whether the partnership involves registrable activities as defined in the Foreign Influence Transparency Scheme Act 2018 (Cth)
  • registration and accreditation status in relevant jurisdiction including any limits on its scope of operations
  • any specific legal, financial, taxation requirements of the relevant country
  • capacity to enter into a contract with Adelaide University
  • a statement of mission and purpose and evidence of compatibility with Adelaide University objectives
  • evidence of financial probity and stable financial status
  • appropriate academic staff qualifications
  • appropriate physical resources and facilities
  • student admission, enrolment and support services
  • a quality management system
  • controls and processes in place to protect student personal data from unauthorised access.
• be endorsed by the relevant Pro-Vice-Chancellor(s) or delegate before being submitted for approval in accordance with the Delegation Policy.

2. Negotiating and establishing TNE arrangements

After the initial concept proposal has been approved by the relevant delegate (as per the Delegations Policy), negotiations with the proposed TNE partner may commence to develop a detailed business plan and academic proposal.

When negotiating and establishing TNE arrangements, proposers must have regard to project planning, Adelaide University’s financial and risk management policies, and ongoing contract management, including:

• considering the potential impacts on reputation and brand, resources, infrastructure, personnel, and other areas of Adelaide University
• making provisions for indirect costs associated with the arrangement (e.g. utilities, maintenance, security, insurance) and the source of recurrent funding for such costs
• assigning an Adelaide University staff member as a contract manager to monitor performance and compliance, manage ongoing rights and obligations including regular reviews and reporting, as well as decisions to extend, vary, allow to lapse or terminate arrangements
• capacity to secure appropriate approvals
• legal, regulatory, policy, taxation, accounting, audit, and security implications.

When a TNE arrangement involves a third-party arrangement (TPA), the structure and nature of the partnership and structure of the arrangement will define the respective roles and responsibilities of each party.

The parties must discuss and reach consensus on the rights and responsibilities associated with the following areas as relevant to the arrangement:

• Adelaide University’s rights and responsibilities for such matters as:
  • provision of and rights over intellectual property
  • policy and procedural framework, including clarification of which of Adelaide University’s policies and procedures apply, and which of the partner’s policies and procedures apply
  • provision of current administrative guidelines
  • provision of academic support to the partner’s managers and academic staff
  • student and staff inductions
  • maintaining Tertiary Education Quality and Standards Agency (TEQSA) registration and program accreditation
  • marketing and promotion
  • student admission and enrolment requirements and processes (including
  • English language requirements)
  • credit transfer and recognition of prior learning
  • setting of student fees
  • maintenance of student records
  • provision of assessment and marking, monitoring of student progress, academic integrity, student appeals and grievance processes
  • program and course management, including evaluation of program and teaching, and provision of support services.
• The TNE partner’s rights and responsibilities for such matters as:
  • provision of and rights over intellectual property (especially if licensing courseware to Adelaide University)
  • maintaining local registration or accreditation
  • representation as appropriate on Adelaide University academic bodies
  • compliance with Adelaide University’s specified policies and procedures, and provision of information to students about applicable policies and procedures
  • marketing and promotion of the program and ensuring that marketing and pre-enrolment materials are current, accurate and compliant with the Higher Education Standards Framework (Threshold Standards) 2021 (HESF) and approved by Adelaide University
  • student admission and enrolment requirements and processes (including English language requirements)
  • academic integrity
  • delivery of the program at an equivalent level of quality of delivery as Adelaide University including:
  • student and staff induction
  • local (i.e. provided by the TNE partner) employment of teachers with the required qualifications and experience, approved by Adelaide University
  • provision of required property and facilities (for face-to-face or blended delivery)
  • provision of local tutorials, programs and/or course materials
  • maintenance of accurate local student records and student administration
  • provision and regulation of local assessment activities and marking, monitoring of student progress and feedback to students
  • co-operative participation in moderation of assessments and periodic audits and audit requirements
  • remittance and payment of fees
  • provision of support services, including English language support where required
  • student complaints, grievances and appeals
  • engagement of work placements (if applicable).

Adelaide University award programs or parts thereof delivered within a TNE arrangement must be taught and assessed in English, subject to any exceptions listed in the Education Quality Policy.

Having negotiated and reached a position on these matters, a proposal detailing the nature and structure of the TNE arrangement and the parties’ relative rights and obligations must be approved in line with the Delegations Policy.

TNE arrangements that include new or major changes to an award program must first be approved as per the Delegations Policy.

3. Legal TNE agreements

The legal agreement will only be prepared after all relevant approvals have been obtained. Legal agreements are to be prepared by the proposer in conjunction with the Transnational Education team and Adelaide University’s Legal Counsel.

The legal agreement will govern the relationship between Adelaide University and the TNE partner and contain the respective obligations of the parties in relation to each TNE arrangement.  

The agreement must include the items listed in Section 2 for establishing TNE arrangements, and may include:

• student admission and enrolment requirements and processes, including English language entry requirements, recognition of prior learning and credit transfer, language of instruction, support services
• academic standards and governance
• staff and student induction and orientation
• program delivery and management, including monitoring student progress and success, academic integrity, student appeals and grievance processes
• applicability of Adelaide University policies and procedures
• processes for conferring of awards
• financial arrangements (tuition fees including discounts, scholarships, cost- and revenue-sharing)
• resource commitment including teaching staff, information technology, intellectual property (e.g. curriculum design, course content, teaching materials), administrative services, student services
• maintenance of student records and other record-keeping
• management of confidential information, quality assurance
• the conditions upon which the arrangement may be ceased or withdrawn.

Each legal agreement will vary depending on the nature of the TNE arrangement and the terms that are negotiated with each TNE partner. The individual nature of the relationship is reflected in Adelaide University's obligations, the TNE partner's obligations and the academic and financial arrangements. Other terms and conditions in the legal agreement are more standard in nature (such as force majeure, privacy, compliance with local laws) and will therefore require few amendments (if any).

Education Quality will review the draft legal agreement for compliance with Adelaide University policy and HESF requirements.

4. Reporting requirements

Where a TNE arrangement is a TPA, it must be forwarded by the academic or business unit responsible for the TNE arrangement to [Education Quality] within two weeks from the date of signing for reporting to TEQSA.

The Transnational Education team is responsible for maintaining records of TNE agreements. This includes a central register of all active agreements and their terms.

5. Monitoring TNE agreements

The Pro Vice Chancellor, Global Partnerships is responsible for ensuring that quality assurance monitoring and review of TNE agreements is undertaken, including that:

• contractual agreements are suitable and are being effectively implemented
• the academic, business, strategic and reputational case for continuing each agreement is appropriately considered
• the academic or business unit conducts an annual review of the TNE arrangement, assessing enrolments, student performance, evaluation data, financial viability, and quality assurance, and reports the findings to the Academic Board.

6. Renewal of TNE agreements

The Transnational Education team will initiate the process of renewal or nonrenewal of a TNE agreement at least 12 months prior to the expiry of the agreement.

Where the TNE agreement is a university-wide agreement or involves different colleges, all relevant faculties will be required to provide information on the existing collaboration and make a recommendation on renewal or non-renewal of the agreement.

The criteria for renewal of TNE agreements include but are 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 TNE partner and key personnel to the TNE 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
• review of the foreign compliance review if there are any substantive changes to the TNE agreement.

Where renewal is approved, the Transnational Education team will manage the process of updating, amending (if required) and signing the agreement as well as post-signing monitoring and review. The authorities for renewal will mirror those of the original agreement.

Where renewal is not approved, a formal communication of Adelaide University’s decision should be sent to the TNE partner by the Transnational Education team.

Definitions used in our procedure

This policy 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 compliance review is Adelaide University’s process for ensuring international engagement is in line with Australia’s foreign compliance obligations and Adelaide University’s interests.

Initial concept proposal means the concept proposal prepared by a proposer to gain inprincipal support for negotiations with a proposed TNE partner.

Proposer means the Adelaide University staff member proposing a new agreement.

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.

Transnational education (TNE) means a program or course(s), leading to an Adelaide University award that is offered outside of Australia and is delivered through local partnerships (i.e., franchise, joint and dual award, and locally supported program) or through an Adelaide University physical presence in another country (i.e., international branch campus). Instruction may involve any mix of learning modes (i.e., face-to-face, online, hybrid and blended) and may involve collaboration with one or more other parties external to Adelaide University.

A transnational education student is a student undertaking an Adelaide University Program or Course(s) outside of Australia, delivered via a transnational education partnership. This excludes a student enrolled in onshore or online Adelaide University Program or Course(s) from an overseas location.

TNE partner means a legal entity separate from Adelaide University with which Adelaide University has a contractual relationship for the purposes of formalising a TNE arrangement.

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.