Regulatory imperatives for a education providers’ digital assets

The second article in the series looks at how universities and other higher education institutions can stay on the right side of Australian regulators, in regards to their digital materials.

Although much focus on compliance in the Higher Education sector is around personal safety, academic integrity and financial integrity, the sector has real and important obligations around their digital presence, especially in regards to communications towards international students.

While there are many other codes and frameworks, such as Australian Consumer Law, the education sector must adhere to. In our sector wide study, we found widespread non-compliance in regards to the presentation of CRICOS and TEQSA codes across 15 selected universities in Australia.

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The CRICOS Code

The Australian CRICOS Code, standing for the Commonwealth Register of Institutions and Courses for Overseas Students, is a unique alphanumeric identifier crucial for educational programs and institutions authorised to offer courses to international students in Australia.

The multifaceted purpose of the CRICOS code includes ensuring that courses meet the Australian Government's stringent educational and regulatory standards, which cover course duration, content, facilities, and staff qualifications. It also facilitates the processing of international student visas, as only CRICOS-registered courses are eligible. Furthermore, the code acts as a verification tool for potential students and stakeholders to confirm the legitimacy and accreditation of courses and institutions.

Under the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (NCP), specific obligations and penalties regarding CRICOS codes are outlined. For instance, section 1.4 mandates the inclusion of CRICOS codes in public materials that offer, invite, or indicate the ability to provide courses to overseas students. Additionally, section 2.1 requires registered providers to present comprehensive, current, and clear information to potential overseas students, including the CRICOS course code, course content, and assessment methods. Non-compliance with these provisions can trigger actions from the ESOS agency, emphasising the importance of adherence to these regulatory standards.

Every educational institution and the courses they provide to international students must possess a unique CRICOS code. Prospective international students often rely on these codes when choosing to study in Australia, ensuring their enrollment in legally recognized and government-approved courses

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The TEQSA Provider Identification code

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The TEQSA Provider Identification refers to a unique identifier assigned to each higher education provider registered with TEQSA (Tertiary Education Quality and Standards Agency) in Australia. This identifier is part of the regulatory framework established by TEQSA to ensure quality and standardisation in higher education.

Under the Higher Education Standards Framework (Threshold Standards) 0221, specifically clause B1.1(3), there is an obligation for higher education providers to prominently display their TEQSA Provider Identification and provider category on all relevant public material. This requirement is intended to provide transparency and assurance of quality and accreditation status to students, stakeholders, and the public. The inclusion of this information on public materials helps in verifying the legitimacy and TEQSA registration status of the institution.

The legislative framework also outlines penalties for non-compliance. Section 83 of the Act stipulates that breaches of the Act or the National Code can lead to significant repercussions. These can include conditions imposed on the institution’s registration with TEQSA, suspension of registration, or even cancellation of registration. Such penalties underline the seriousness with which compliance to these standards is regarded in the Australian higher education sector.

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What We found

This analysis only looked at domains targeted at international student recruitment, or likely to be visited during the recruitment process -  a fraction of the total site. It was only set up to run on websites and hosted documents (the Haast’s compliance process registers textual data in logos and images, so that would be accounted for) not the social media channels as can be done.

During this process, Haast’s AI compliance system was set up to detect two levels of breaches:

1. Explicit recruitment advertising to international students. A missing CRICOS code when advertising to international students where ‘international student’ or synonym was mentioned and no CRICOS code was present 
2. Implied advertising to International students. Missing CRICOS code when advertising to international students where no CRICOS code was present

The test for whether a CRICOS code was missing was whether it existed anywhere on the page or document. This could be in a footer, and image, the body of the page to name a few areas the system checks.

In this sample group of 15, the average university has around 150 explicit advertisements to international students missing a CRICOS code, and just under 5000 pages or documents that could be seen to induce an international student to attend. 

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How to ensure compliance

To ensure compliance with your obligation to advertise the CRICOS and TEQSA code you should mention your CRICOS and TEQSA as well as the provider category (for example, “Australian University”) on all relevant public materials.

Marketing and Promotional Materials:

• All materials with information about the institution, its programs, services, or facilities
• Marketing and promotional content
• Informational pages about programs and courses
• Digital brochures and e-catalogs
• Videos (include the necessary information in credits, introductions, or visible frames)
• Posters and flyers related to institutional offerings
• PowerPoint presentations used for informational or promotional purposes
• Official forms such as application, offer, acceptance, and enrollment documents
• Correspondence related to student affairs, like enrolment, academic progression, or graduation

Corporate and Administrative Documents:

• Official letterheads
• Compliment slips
• Fax cover sheets
• Business cards
• Email signatures
• Official websites (commonly in the footer section)
• Online profiles and listings
• Annual reports and major publications
• Templates for mass student communications (especially in cases where a signature block isn’t included)

On Social Media and External Content Platforms:

• Utilise the “About” or description sections on platforms such as:some text
  • Facebook Groups and Pages
  • Twitter Profiles
  • Instagram Profiles
• If material is likely to leave your page through sharing, it’s advised to place it somewhere on the graphic or post
• Ensure compliance in digital advertisements, including those on radio or podcasts, by integrating the required information into the spoken content.

It's important for institutions to regularly review and update these materials to ensure ongoing compliance with the latest regulations. The placement of accreditation codes and institutional categories should be clear, accessible, and in line with regulatory requirements, reflecting the institution's commitment to transparency and quality standards.

‍In the third article in the series we will look at methods to reduce liability and increase the return on investment of an education provider's affiliated international agents.