• Section 1 - Purpose and Scope
• Section 2 - Policy
• Part A - Principles
• Part B - Establishment of third-party arrangements
• Proposal
• Approval
• Establishment
• Part C - Management of third-party arrangements
• Part D - Monitoring and reporting of third-party arrangements
• Part E - Renewal, revision or discontinuation of third-party arrangements
• Part F - Articulation arrangements
• Proposal
• Approval
• Establishment
• Management
• Monitoring and reporting
• Renewal, revision or discontinuation
• Summary of Roles and Responsibilities
• Section 3 - Authority and Compliance
• Authority
• Compliance
• Section 4 - Quality Assurance

Section 1 - Purpose and Scope

(1) This Policy outlines a framework for the establishment, management, monitoring, reporting and review of arrangements with third-party providers to deliver all or part of a University of New England (UNE) course.

(2) This Policy applies to third-party provider (TPP) arrangements including:

1. arrangements made by UNE with a TPP (in Australia or overseas) to deliver some or all of a UNE course or courses that leads to the award of a UNE higher education qualification;
2. arrangements where UNE and another TPP (in Australia or overseas) jointly provide a course or courses, including where student complete part of their course at UNE and the rest at a TPP; and
3. articulation arrangements in which the TPP enrolls students in their own course, the completion of which is intended to act as a guaranteed pathway into a UNE course (see Part F for particular provisions that apply to these arrangements).

(3) This Policy does not apply to:

1. grants of credit or nested pathways covered by the Admission, Credit and Enrolment Policy;
2. activities not related to third party education arrangements that are covered under the Commercial Activities Rule;
3. partnerships to deliver short form learning;
4. work integrated learning activities arranged and administered by the University (see Work Integrated Learning Rule); and
5. HDR supervision arrangements where one of the supervisors is not a UNE employee.

(4) Within this Policy:

1. Part A outlines the principles for third-party arrangements;
2. Part B outlines the establishment of third-party arrangements;
3. Part C outlines the management of third-party arrangements;
4. Part D outlines the monitoring and reporting processes of third-party arrangements;
5. Part E outlines the renewal, revision or discontinuation of third-party arrangements; and
6. Part F outlines specific requirements for articulation arrangements.

Section 2 - Policy

Part A - Principles

(5) The delivery of UNE courses by TPPs is governed by the following principles:

1. All third-party arrangements align with UNE’s vision, values, brand, strategic course profile and strategic plan (alignment with respective organisations’ visions and values in joint arrangements are agreed in the relevant agreement);
2. UNE has responsibility for the quality of its courses, and compliance with relevant legislative and regulatory provisions, delivered by TPPs;
3. UNE students enrolled in courses delivered by a TPP receive a comparable quality of education and support to those students whose course is taught by UNE directly; and
4. appropriate governance, monitoring and quality assurance processes and structures are established for each third-party arrangement to ensure that UNE’s quality standards are maintained.

Part B - Establishment of third-party arrangements

Proposal

(6) The Deputy Vice-Chancellor (or delegate) has overall responsibility for third-party arrangements and maintains a register of all third-party arrangements covered by this Policy.

(7) A school wishing to enter a third-party arrangement for the whole or part delivery of a UNE course or courses must notify the relevant Executive Dean(s) and Deputy Vice-Chancellor (via Executive Dean) of the intent to explore a third party arrangement. The Executive Dean(s) and Deputy Vice-Chancellor must provide support for due diligence to commence.

(8) Once support has been received, the school must conduct due diligence on the proposed third party. Key considerations may include:

1. legal status and ownership structure;
2. mission, purpose and reputation;
3. standing of its management and governing body (fit and proper person);
4. registration and accreditation status, including any limits on its scope of operations and capacity to secure the required approvals;
5. compliance with relevant Modern Slavery requirements;
6. previous experience in delivery of similar partnerships;
7. capability to deliver the course/s, including staffing, facilities, expertise and student support structures;
8. financial probity and viability; and
9. existing quality assurance provisions.

(9) If the proposed agreement includes an international TPP and/or off-shore delivery, the due diligence assessment must also include an evaluation of:

1. local educational laws, regulations, and compliance requirements;
2. the political environment and its stability, governance, and policies affecting higher education;
3. the country's financial system including the ease of fund transfer, taxation, and financial regulations, and currency risks;
4. cultural norms, educational standards, and language considerations; and
5. technological capabilities, especially in educational contexts.

(10) The outcome of the due diligence must be reported to the Executive Dean. If the Executive Dean determines that a third party arrangement is viable, the relevant School must develop a business case for the arrangement in consultation with key stakeholders including the relevant Associate Executive Dean, Teaching and Learning, Curriculum and Academic Management, other Schools or Faculties where relevant, Education Quality Directorate, Student Experience, Finance and Brand Partnership and Business Development.

(11) The business case must be completed using the New Course – Initial Proposal Form (contained in the Curriculum Management System) with particular focus on the following information:

1. outcomes of the due diligence process, including overview of the third party and details of the past performance of the third party provided from a business and educational perspective;
2. details of what the TPP will provide or deliver within the arrangement;
3. details of how the third party will provide or deliver within the arrangement, including third party staffing resources, capability and teaching qualification, description and assessment of all sites and facilities to be used to deliver the course/s, and student support services provided by the third party;
4. details of proposed UNE inputs, materials, training, support and resourcing to enable the TPP to deliver the course/s effectively;
5. details of how the arrangement will be managed, monitored for quality assurance and reported on;
6. impact on any relevant current third-party arrangements;
7. financial, commercial and reputational impacts on UNE;
8. completed risk assessment for the arrangement; and
9. completed Foreign Interference Checklist (for international arrangements)

(12) Where a potential TPP is not registered in Australia or overseas as a tertiary education provider, details of additional quality measures commensurate with the legal status and experience of the TPP to be implemented must be detailed.

Approval

(13) Once developed, the business case is considered through the initial proposal stage of the new course process as outlined in the Course and Unit Policy.

(14) If the business case is approved, the approval of the course content for delivery is conducted through the full proposal stage of the new course process as outlined in the Course and Unit Policy. Where the course is already established and teaching responsibilities are being transferred to a TPP, an assessment must be made as to whether the changes are a significant course amendment and if so, amendments must be progressed in accordance with the Course and Unit Policy.

Establishment

(15) Prior to the commencement of a third-party arrangement, the relevant school must establish a formal agreement with the TPP. While negotiation on the agreement can commence following approval of the business cases, the agreement cannot be executed until the course/s has received full approval as outlined in Clause 14.

(16) All agreements must be reviewed by the relevant Executive Dean, Education Quality Directorate and UNE Legal Services as part of the negotiation and execution process. The agreement must outline:

1. respective responsibilities of UNE and the third party in delivering the course/s, including Australian and overseas legislation responsibilities;
2. individual course schedules for every course delivered under the agreement;
3. requirements for third party staffing, including requirements for qualifications, experience, knowledge, training and supervision;
4. requirements for third party teaching quality, facilities and infrastructure, learning resources, student support services and access to staff;
5. requirements and processes for student communication, communication between UNE and the third party, and marketing and promotional activities;
6. requirements and processes around academic integrity, student feedback and satisfaction, student grievances, and appeals;
7. governance and management requirements, including risk management and reporting, for the arrangement;
8. financial arrangements, including student fees;
9. processes and requirements for monitoring and reporting of student performance and the third party’s performance and compliance;
10. processes for changes to course content or delivery;
11. processes for resolving issues or dispute resolution;
12. processes, funding and frequency for UNE site visits to third-party locations;
13. any requirements around certification documentation, including acknowledgment of third party;
14. processes and requirements for regular review process, and implementation of review recommendations;
15. processes and requirements for records management;
16. any requirements around professional accreditation; and
17. processes for termination, including the teaching out of students enrolled in courses covered by the agreement.

(17) If the agreement involves the use of facilities offered by the TPP, the process for drafting of an agreement will include a site visit audit by the school and Education Quality Directorate to assure compliance with legislative requirements.

(18) Once executed, the following activities must occur:

1. The School will inform the Education Quality Directorate, Executive Dean, and the Deputy Vice-Chancellor (or delegate) of the executed agreement;
2. The Deputy Vice-Chancellor (or delegate) will update the third-party arrangement register;
3. Education Quality Directorate will notify TEQSA of a material change within 14 days of agreement execution;
4. UNE International will ensure that registration is made on CRICOS if the course is available to onshore international students;
5. Curriculum and Academic Management will ensure that students in third-party arrangements are identified in the student management system for quality assurance, student support, and teaching purposes; and
6. Finance will establish the partnership code. The school is responsible for ensuring costs associated with the third party arrangements are allocated to the correct code.

Part C - Management of third-party arrangements

(19) The relevant Head of School is responsible for forming a Joint Management Committee with responsibility for management, compliance and oversight of the arrangement. The Joint Management Committee must contain representation from UNE and the third party, however the Chair must be from UNE (for joint arrangements, the Chair may alternate or be specified in the Agreement). The UNE representation on the Committee must, at a minimum, include the Executive Dean or Head of School (or delegate) as Chair and the relevant Course Coordinators. The Chair of the Committee is responsible for organisation of administrative support for the Committee. All meetings of the Joint Management Committee must be formally minuted.

(20) The Joint Management Committee must meet a minimum of three times per year (or at frequency determined in the agreement).

(21) The Joint Management Committee is responsible for:

1. maintaining a current Joint Procedures Manual (see clause 23);
2. overseeing and ensuring compliance of the agreement;
3. overseeing and ensuring compliance of relevant regulatory standards relevant to the delivery of the course/s;
4. monitoring through regular reporting, the operations (including financial transaction and sustainability), and academic quality of the course/s;
5. providing regular reporting to the Deputy Vice-Chancellor on the operations and academic quality of the course/s. The Deputy Vice-Chancellor may report high-risk arrangements to Executive Team;
6. addressing any issues raised by either party to the agreement;
7. leading the review process and implementation of any recommendations; and
8. providing advice to relevant school on the renewal, revision or discontinuation of the agreement.

(22) The Joint Management Committee is also responsible for organising an annual site visit by UNE staff to the TPP locations where the course/s is delivered to assess teaching facilities, other facilities and support services to ensure they are of a comparable standard to those provided to students whose course/s is taught by UNE directly.

(23) Prior to the first student intake, the Joint Management Committee must develop a Joint Procedures Manual (JPM). The JPM must include as a minimum:

1. expansion of detail in respect to agreed responsibilities as outlined in clause 16a;
2. policies and procedures for ensuring compliance with relevant Australian and where applicable local regulations in an offshore location;
3. procedures for maintaining academic integrity, teaching quality, and assessment practices;
4. guidance for handling financial transactions, including risk management strategies;
5. procedures for identifying and mitigating potential risks, including those unique to the offshore environment;
6. procedures to ensure parity in student services, support, and academic outcomes;
7. procedures for approval of teaching and key support staff, assessing academic qualifications and ongoing professional development; and
8. procedures for managing and securing academic and operational data.

(24) The JPM must be approved by the Deputy Vice-Chancellor. Any major modifications to the JPM that significantly alter the partnership model, financial returns, or increases the risk profile of UNE must receive approval from the Deputy Vice-Chancellor. Minor modifications may be approved by the JMC.

Part D - Monitoring and reporting of third-party arrangements

(25) The Joint Management Committee is responsible for regular monitoring and reporting in line with the agreement. These reports will be provided to Board of Examiners, School Education Committees, Faculty Education Committees or Education Quality Directorate as required or requested. These reports may include:

1. trend data for the course/s relating to admissions, enrolments, results, retention and progression (with reference to appropriate benchmarks where established);
2. data on student satisfaction with the course/s and actions taken or planned in response to feedback;
3. data on academic integrity, student grievance, and appeal numbers and outcomes; and
4. any identified issues on course content and assessment, including any plans to address issues.

(26) The Joint Management Committee, in consultation with Education Quality Directorate, is also responsible for providing an annual report and review on the arrangement (using the review checklist provided by Education Quality Directorate). This report and review includes, but is not limited to:

1. academic delivery and quality, including data on third party staffing involved in course/s;
2. risk and information management;
3. outcomes of the annual site visit to assess infrastructure, learning resources and support services;
4. financial performance and continued viability;
5. marketing, admissions and communications; and
6. any issues identified with compliance with the agreement, and work undertaken or recommended to be done to address the issues.

(27) The Joint Management Committee will provide the annual report and review to the relevant Executive Dean for review. The Executive Dean will review the report to confirm the following:

1. students are receiving a comparable quality of education and support to students whose course/s is taught by UNE directly;
2. the course/s is being delivered in accordance with the provisions of the agreement;
3. the course/s is being delivered in line with regulatory requirements; and
4. risk (financial and other) is being appropriately managed and mitigated.

(28) The relevant Executive Dean will provide the annual report and review to the Deputy Vice-Chancellor for noting. Any issues relating to academic quality will be included as part of the annual report on third-party arrangements to Curriculum Committee and Academic Board.

(29) Education Quality Directorate will provide a consolidated annual report, including completed reviews, on all third-party arrangements to Curriculum Committee and Academic Board.

(30) The Joint Management Committee will be responsible for implementing any recommendations arising from the review and reporting on implementation through regular reporting to the Executive Dean and Education Quality Directorate.

(31) Outside of the annual performance reporting requirements, if a member of UNE staff identifies issues with any aspect of the third-party arrangement that will potentially result in non-compliance to regulatory requirements, these issues must be raised with the relevant Head of School and Education Quality Directorate for consideration and resolution.

Part E - Renewal, revision or discontinuation of third-party arrangements

(32) The Deputy Vice-Chancellor (or delegate) will notify the relevant school of the upcoming expiration of the agreement a minimum eighteen months before the expiration of the agreement.

(33) On the advice of the school, the relevant Executive Dean may recommend to the Deputy Vice-Chancellor a decision on renewal, revision or discontinuation of the agreement:

1. A decision to renew the agreement can only be made where the previous annual review has demonstrated that the course/s is being delivered in compliance with the agreement and quality standards or that actions to ensure compliance and quality can be implemented. Renewal of the agreement must be approved by the Executive Team.
2. A decision to revise the agreement should be based on recommendations from reviews of the arrangement during the life of the agreement. Revision of the agreement must be approved by the Executive Team. Any revisions to course content or delivery must be made in line with the course amendment process in the Course and Unit Policy.
3. A decision to discontinue the agreement must consider implications on students (including any teach out requirements), compliance with relevant legislative or regulatory requirements, and legal, financial and reputational implications. A discontinuation of the arrangement must be approved by the Executive Team. If the course is also proposed to be withdrawn, the withdrawal must be made in line with the course withdrawal process in the Course and Unit Policy.

(34) A school may recommend revision or discontinuation of a third party agreement at any point in accordance with the provisions of the agreement where issues are identified and cannot be resolved through the mechanisms of the current agreement. A proposal for revision or discontinuation must be approved by the Executive Team. Where the course will be amended or withdrawn, changes must be made in line with the Course and Unit Policy.

Part F - Articulation arrangements

(35) Articulation arrangements may be developed with TPPs to allow students to gain a guaranteed pathway into and credit towards completion of a UNE course. UNE is not responsible for the quality of the curriculum or teaching provided by the TPP under these agreements.

Proposal

(36) Proposals for articulation arrangements, including relevant due diligence and a business case, are developed in line with the proposal section of Part B of this Policy. The business case must provide an overview of the proposed articulation schedule into a UNE course.

Approval

(37) Articulation arrangements are endorsed by the relevant Executive Dean who will seek the approval of the Executive Team.

Establishment

(38) The school must develop a formal agreement with the TPP for all articulation agreements. All agreements must be reviewed by the relevant Executive Dean, Education Quality Directorate and UNE Legal as part of the negotiation and execution process. The agreement must outline:

1. requirements and processes for communication between UNE and the third party, and marketing and promotional activities;
2. any financial arrangements;
3. processes and requirements for monitoring and reporting of student performance;
4. processes, funding and frequency for any UNE site visits to third-party locations;
5. processes and requirements for regular review process, and implementation of review recommendations; and
6. processes for revisions, renewal or discontinuation of the arrangement.

(39) The articulation agreement must also include an articulation schedule which provides full details of the credit arrangements into the course. The school is responsible for developing the articulation schedule in line with the credit provisions in the Admission, Credit and Enrolment Policy and for the approval of the credit arrangements through the Course and Unit Policy. The agreement cannot be executed until the articulation schedule and credit arrangements are approved.

(40) Once executed, the school will inform the Education Quality Directorate and the Deputy Vice-Chancellor (or delegate) who will update the third-party arrangement register.

(41) The school must notify Admissions of the arrangement for application of the credit in the admission process.

Management

(42) The relevant Head of School (or delegate) is responsible for management of the articulation arrangement in line with the agreement provisions. The school must meet with the TPP at least annually to discuss student performance, and to discuss and address any identified issues.

Monitoring and reporting

(43) The Head of School (or delegate), in consultation with Education Quality Directorate, is responsible for providing an annual report and review on the arrangement (using the review checklist provided by Education Quality Directorate). The review examines:

1. currency of articulation schedule and credit arrangements;
2. numbers of students admitted under the arrangement;
3. student performance, including results, retention and progression (with comparison to students admitted under other rules);
4. marketing and promotional activities; and
5. any identified issues, and work undertaken or recommended to be done to address the issues.

(44) The Head of School (or delegate) will provide the annual report and review to the Executive Dean and Education Quality Directorate. Education Quality Directorate will report on all articulation arrangements as part of the annual report on third-party arrangements to Curriculum Committee and Academic Board.

(45) The Head of School (or delegate) will be responsible for implementing any recommendations arising from the review and reporting on implementation through regular reporting to the Executive Dean and Education Quality Directorate.

Renewal, revision or discontinuation

(46) The Deputy Vice-Chancellor (or delegate) will notify the relevant school of the upcoming expiration of an articulation agreement a minimum six months before the expiration of the agreement.

(47) On the advice of the school, the relevant Executive Dean may recommend renewal, revision or discontinuation of the agreement:

1. A decision to renew the agreement can only be made where the previous annual review has demonstrated that the student performance is comparable and that the arrangement remains appropriate. Renewal of the agreement must be approved by the Executive Team.
2. A decision to revise the agreement should be based on recommendations from reviews of the arrangement during the life of the agreement. Revision of the agreement must be approved by the Executive Team. Any revisions to the articulation schedule and credit arrangements must be made in line with the course amendment process in the Course and Unit Policy. The school must notify Admissions of changes to the arrangement.
3. A decision to discontinue the agreement must consider implications on students currently enrolled with the TPP (on the basis of the articulation agreement) and any financial and reputational implications. A discontinuation of the arrangement must be approved by the Executive Team.

(48) A school may recommend revision or discontinuation of an articulation agreement at any point in accordance with the provisions of the agreement where issues are identified and cannot be resolved through the mechanisms of the current agreement. A proposal for revision or discontinuation must be approved by the Executive Team.

(49) Course amendments as a result of course monitoring or review or course suspension or withdrawal may require changes to or discontinuation of an articulation arrangement. The TPP should be consulted in development of any proposal. The school must notify Admissions of any changes to the arrangement.

Summary of Roles and Responsibilities

Section 3 - Authority and Compliance

Authority

(50) The Vice-Chancellor and Chief Executive Officer (VC&CEO), consistent with the Vice-Chancellor Functions Rule, makes this Policy.

(51) The Deputy Vice-Chancellor is authorised to make procedures and processes for the effective implementation and operation of this Policy, and to publish as associated documents any tool that will assist with compliance.

Compliance

(52) UNE Representatives must observe this Policy.

(53) This Policy operates as and from the Effective Date. Previous policies on third party arrangements are replaced and have no further operation from the Effective Date.

(54) All documentation, including due diligence, business cases, agreements, monitoring reports and reviews, relating to a third party arrangement is kept according to the Records Management Rule. All documents for each agreement are retained within one container in the Records Management System (RMS) , specifically set up for the agreement and the contract is housed in the Contract Management System.

(55) Notwithstanding other provisions of this Policy, the VC&CEO may approve an exception to this Policy where the VC&CEO determines the application of this Policy would otherwise lead to an unfair, unreasonable or absurd outcome. Approvals by the VC&CEO under this clause must:

1. be documented in writing;
2. state the reason for the exception; and
3. be registered in the approved UNE electronic Records Management System (RMS) in accordance with the Records Management Rule.

Section 4 - Quality Assurance

(56) The Deputy Vice-Chancellor is responsible for monitoring the implementation and effectiveness of this Policy. Education Quality Directorate will provide an annual report on third party arrangements, including details on each individual third party arrangement, to Curriculum Committee and Academic Board.