Last week, The PIE News reported that the Tertiary Education Quality and Standards Agency had written to a number of providers expressing its concern that they do not meet the minimum requirements for financial viability.

“You may be aware the Australian government is reducing the number of overseas students that can come to Australia to study higher education,” read the letter.

“TEQSA has recently been conducting sector-wide analysis on the impact of reductions of overseas students on providers from a financial perspective,” it continued.

Although the letters referred to existing provisions of the Standards and ESOS Act, recipients of the letter were surprised that the regulatory body had seemingly cited the government’s National Planning Level, despite the Bill not being passed.

Stakeholders, including a lawyer representing the CRICOS Providers’ Justice Group, saw this as further evidence that the ESOS Amendment Bill, set to cap international student numbers, places providers at risk of non-compliance with other aspects of the same Act, therefore imperilling registrations and threatening the survival of businesses.

In comment to The PIE, a TEQSA spokesperson apologised for the mistake.

“TEQSA acknowledges our letter incorrectly suggested that the proposed National Planning Level had already taken effect. This is not the case, as the legislative amendments are still before the parliament.

We apologise for this error and are in the process of directly engaging with providers that received this letter to clarify expectations
TEQSA spokesperson

“We apologise for this error and are in the process of directly engaging with providers that received this letter to clarify expectations.

“TEQSA has recently written to 10 registered providers to seek assurance that each is meeting and is likely to continue to meet their obligations under the Higher Education Threshold Standards 2021 (Threshold Standards) in relation to governance,” continued the TEQSA spokesperson.

“This assurance includes outlining their current financial status and how they ensure they have appropriate risk plans and controls in place to manage any risks.”

TEQSA CEO Mary Russell confirmed during the fourth and final Senate Committee hearing that the letters were sent to “high-risk” providers, and highlighted an attachment to the letter that suggests the Department of Home Affairs had previously expressed concerns over their practices.

A TEQSA spokesperson told The PIE: “These providers have previously been identified and contacted by the Department of Home Affairs regarding concerns about their recruitment practices for overseas students.”

TEQSA is seeking a reply by October 31, looking for information in response to its concerns, as well as asking providers to give details of any mitigatory actions to demonstrate their ability to maintain ongoing compliance.

The Committee is due to report on the ESOS Amendment Bill on October 8, with the Bill listed to be debated on October 9.

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