The Regulatory Landscape for Education Institutions’ digital marketing to international students

In this first article in the series we explore the regulators who monitor education providers’ digital presences, and their powers if they find regulatory non-compliance

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.

Exporting education is an important industry to Australia, with international education worth over $40 billion dollars to the Australian Economy each year. Due to the importance of this industry, the Australian government has set up a regulatory framework to ensure the reputation of international education both abroad and domestically is protected.

The compliance obligations of education providers extend beyond their own created, hosted, and advertised digital assets, such as websites, videos, and social media posts. These obligations also encompass the activities of international education agents with whom they are affiliated. Education agents are intermediaries or representatives who play a crucial role in the global education sector. They act as a bridge between educational institutions and prospective students, particularly those from overseas. Agents provide various services including student recruitment, counselling on study options, assistance with application and visa processes, and sometimes pre-departure briefings. They are often the first point of contact for international students and can significantly influence their decisions and perceptions about an institution.

Who are the Regulators?

Tertiary Education Quality and Standards Agency (TEQSA)

The Tertiary Education Quality and Standards Agency (TEQSA) is a key regulatory body in the Australian higher education sector. Established in 2021, its primary role is to ensure the quality and standards of tertiary education in Australia, including universities and other higher education providers. TEQSA operates with a focus on protecting student interests and the reputation of Australia's higher education sector. It does this by regulating and assuring the quality of teaching, learning, and research activities within these institutions. The agency evaluates providers against the Higher Education Standards Framework, which encompasses aspects such as governance, academic integrity, research, and course quality. TEQSA's approach is both collaborative and rigorous, engaging with institutions to foster continuous improvement while ensuring compliance with national standards.

TEQSA recently published an alert in regards to how universities manage their agents' performance in regards to ensuring they provide authentic information to the students that apply to them. See our commentary on it here https://www.haast.io/blog/ensuring-ethical-practices

TEQSA also administers the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).CRICOS is an essential component of the Australian educational landscape, particularly for international engagement. This comprehensive register  lists all Australian education providers that offer courses to people studying in Australia on student visas. CRICOS serves as a quality assurance mechanism, ensuring that these institutions and their courses meet stringent government standards, thus upholding Australia's reputation for high-quality education. Its critical role extends to providing transparency and protection for international students, ensuring they receive a world-class education that is recognized globally.

Australian Skills Quality Authority (ASQA)

The Australian Skills Quality Authority (ASQA) plays a pivotal role in maintaining, enhancing, and ensuring the quality of vocational education and training (VET) in Australia. As the national regulator for Australia's VET sector, ASQA oversees and regulates training providers to make sure they meet nationally approved quality standards. The authority's key functions include registering training organisations, accrediting courses, and conducting strategic reviews in sectors where risks are identified. Through these activities, ASQA ensures that the skills and qualifications obtained by students meet industry requirements and are recognized and respected across Australia.

What are the regulators’ powers?

There are significant consequences for non-compliance in Australia. If an education institution or an affiliated international agent’s digital presence contravenes the laws and regulations they can receive:

• Informal _resolution
• Warning letter
• Voluntary undertaking
• Conditions imposed on entity’s registration or accreditation
• Enforceable undertakings
• Injunctions
• Shortened Registration or Accreditation period
• Cancellation of Registration
• Civil and criminal sanctions
• Infringement Notice
• Suspension of registration under the ESOS Act

The relevant standards governing education institutions and their affiliated educational agents include, but are not limited to:

• Tertiary Education Quality and Standards Act 2011
• Higher Education Standards Framework (Threshold Standards) 2021
• Education Services for Overseas Students Act 2000 (ESOS Act)
• National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018)
• Australian Qualifications Framework (AQF)

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