Third-Party Program Delivery Arrangements Procedure

Third-Party Program Delivery Arrangements Procedure

1. Purpose

1.1. This procedure establishes processes and requirements for the development, approval, execution, and management of a Third-Party Arrangement (TPA).

2. Scope

2.1. This procedure applies to all new, existing, and proposed TPAs between Adelaide University and domestic and international Partners for the delivery of all or part of award and non-award programs offered by Adelaide University.

2.2. This procedure does not apply to agreements relating to Work Integrated Learning activities, research degree internships, learning abroad (for example, student exchange and study abroad), transnational education, articulation and credit transfer arrangements, dual awards, double or jointly conferred degrees, research project supervision, research programs or research partnerships involving individual research projects, funding, or collaborations.

3. Procedure

TPA Development and Approval

3.1. The proposer of a new TPA must complete a TPA proposal to demonstrate that appropriate quality assessment and due diligence checks have been performed.

3.2. The TPA proposal will include information regarding:

3.2.1. A business case with a viability analysis of the proposed arrangement including financial, resource and staffing implications.

3.2.2. Strategic and other benefits to Adelaide University. 

3.2.3. Quality assurance arrangements that will ensure ongoing compliance with relevant internal and external standards. 

3.2.4. Relevant internal consultation and stakeholder support.

3.2.5. Any existing Adelaide University arrangements with the third party (including activities not covered by this procedure).

3.2.6. Compliance with Australian Government University Foreign Interference Taskforce (UFIT) Guidelines to counter foreign interference in the Australian university sector.

3.2.7. Key risks and mitigation strategies including:

3.2.7.1. Potential impacts on existing TPAs.

3.2.7.2. Financial, practical, and regulatory implications associated with insolvency of the third party.

3.2.8. Contingency plans to be actioned in the event of failure of the TPA.

3.3. Adelaide University will only enter into a TPA if:

3.3.1. The quality of education provision and student support services, and the vision, mission and values of the third party are compatible with Adelaide University.

3.3.2. Doing so has strategic value for Adelaide University.

3.3.3. Appropriate resourcing can be committed to ensure the necessary quality of oversight is sustained.

3.4. TPA proposals require approval of the co Vice-Chancellors unless they entail a Significant Commercial or Strategic Commitment when they must be approved by the Transition Council. Where TPA proposals introduce new programs or major revisions to existing programs, they require approval of the Transitional Academic Board.

3.5. A legally binding agreement must be in place before commencement of TPA operations.

3.6. The agreement will be developed in conjunction with legal advisors and be proportionate to the scale and nature of the activities involved.  It will clearly define each party’s obligations and responsibilities and other matters outlined in Appendix A of the TEQSA Guidance Note: Third-Party Arrangements.

3.7. Where the TPA will impact international students on a student visa, an agreement cannot be entered into until all relevant regulatory approvals have been obtained.

3.8. The agreement must be signed by the relevant Adelaide University officer shown in the Authorities Table below and a duly authorised officer of the partner.  

Information Management and Record Keeping

3.9. As per the Tertiary Education Quality and Standards Agency Act 2011, within 14 calendar days of a new agreement being established, Adelaide University will inform the Tertiary Education Quality and Standards Agency (TEQSA) by submitting a Material Change Notification.

3.10. Details of the TPA, including the nature of the partner’s involvement, must be clearly communicated to students prior to their enrolment in the relevant program. TPA changes affecting a program’s delivery must be communicated to all impacted students.

3.11. Adelaide University will maintain a register of all TPAs.

3.12. The following documentation will be recorded in Adelaide University’s recordkeeping system to support evidence based TPA monitoring and review:

3.12.1. A copy of the agreement signed by all parties.

3.12.2. Minutes of governing body meetings to demonstrate monitoring of material issues and risks associated with TPA operations.

3.12.3. Approved action plans addressing concerns, issues and risks and associated progress reports.

3.12.4. Consideration and approval of changes to the TPA (for example, delivering new courses, initiating teach-out).

3.12.5. Annual and strategic reports, including evidence that recommendations have been addressed.

3.12.6. Documentation relating to any other relevant quality assurance mechanisms Adelaide University, or the partner has in place (for example, cohort analysis, benchmarking, or reporting). 

Monitoring and Review

3.13. Adelaide University will conduct an annual review of the TPA and provide a report which:

3.13.1. Outlines key activities and outcomes.

3.13.2. Identifies issues that have emerged or are believed likely to emerge. 

3.13.3. Outlines improvement plans that relate to the TPA.

3.13.4. Details the status of professional body accreditations and issues that relate to the TPA.

3.13.5. Details ongoing staffing and resourcing needed to support the TPA.

3.13.6. Identifies instances of partner non-compliance with relevant Adelaide University policies and procedures or relevant regulatory or legislative requirements.

3.13.7. Outlines monitoring of academic and service quality, including, where available and applicable:

3.13.7.1 Student academic performance data, and student and graduate survey data.

3.13.7.2. Graduate employment and outcomes data and comparison with data from similar Adelaide University student cohorts.

3.13.7.3. An evaluation of student performance against institutional or other benchmarks to determine relative effectiveness of the TPA.

3.14. Adelaide University will ensure that a TPA is subject to a strategic review at least every three years and at least 12 months prior to agreement expiry.

3.15. Strategic reviews will consider the same matters as an annual review, plus broader issues pertinent to the strategic nature of the collaboration including but not limited to:

3.15.1. Assessment of performance against deliverables stipulated in the agreement, including maintenance of expected academic standards and student support services quality.

3.15.2. Continuation of alignment with Adelaide University’s strategic directions and priorities.

3.15.3. Whether the TPA is providing justifiable benefit to Adelaide University.

3.15.4. The continued financial viability of the TPA.

3.15.5. The ongoing commitment of all relevant parties to the agreement.

3.15.6. Evaluation of TPA risk, opportunity, and benefits.

3.15.7. Feedback from relevant areas of Adelaide University.

3.15.8. Student feedback.

3.16. The strategic review will recommend whether or not the TPA should continue beyond the term of the current agreement.

3.17. The strategic review will involve an independent external reviewer.

3.18. Strategic review outcomes will be reported to Transitional Academic Board and, in relevant circumstances, to Transition Council.

Renewal and Termination 

3.19. TPAs will not be extended or renewed unless a strategic review has taken place.

3.20. TPA extensions or renewals require approval by Transitional Academic Board, Transition Council or delegate. 

3.21. TPAs may be terminated in accordance with the agreement.  In the case of a termination, Adelaide University will consider:

3.21.1. Compliance with relevant regulatory and legislative requirements.

3.21.2. Legal, financial, and reputational implications.

3.21.3. Other areas of Adelaide University directly and indirectly impacted by the partnership.

3.21.4. Advice, support and effective teach-out and transition arrangements for current students.

3.21.5. Communication to prospective students.

3.22. To ensure compliance with legislated timelines for regulatory notices, any changes to an agreement must be reported to the relevant Adelaide University team within two business days of the new agreement being signed or within two business days of a decision to terminate the TPA.

3.23. Where a serious agreement breach is identified, the relevant Adelaide University team must be notified within five business days in order that a Material Change Notification can be submitted to TEQSA if required.

4. Definitions

4.1. A Material Change Notification is a mandatory written advisement to the Tertiary Education Quality and Standards Agency (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.

4.2. 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.

4.3. Significant Commercial or Strategic Commitment is any commercial activity beyond the powers of authority and approval vested in the co Vice-Chancellors by legislation, regulation, the University Statute or resolution of Transition Council.

4.4. 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.

4.5. 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. 

 

Document authorities and history

TitleDetails
Policy categoryAcademic 
Approving Authority
Co-Vice Chancellors via Transition Council delegation upon recommendation from Transitional Academic Board
Responsible Officer 
Co-Vice Chancellors or their delegate
Procedure effective from
31 May 2024
Procedure review date
31 May 2029
Enquiries
Contact us
Document history
This is a new Adelaide University procedure
HESF Domain
Domain 5. Institutional Quality Assurance
Domain 6. Governance and Accountability


Related documents

TitleDocuments
Parent policy
Forthcoming
Associated procedures 
Referenced documents
TEQSA Guidance Note: Third-Party Arrangements
Guidelines to counter foreign interference in the Australian university sector
Referenced legislationHigher Education Standards Framework (Threshold Standards) 2021
Tertiary Education Quality and Standards Agency Act 2011