Transnational Education and Third-Party Arrangements Due Diligence Procedure

Intent

This Procedure supports the Transnational Education and Third-Party Arrangements Policy (the Policy) and establishes the processes for the development, approval, implementation, monitoring, and renewal or cessation of Transnational Education (TNE) and Third-Party Arrangements (TPA’s) at James Cook University (JCU; the University), upholding the University’s standards of academic integrity, strategic alignment, and regulatory compliance.

The Procedure addresses Higher Education Standards Framework (HESF) Standard 5.4: Delivery with Other Parties), and the National Code of Practice for Providers of Education and Training to Overseas Students.

Scope

This Procedure applies to all TNE and TPA’s as defined by the Policy:

• between the University and a third-party provider;
• in which students are enrolled in JCU courses that contribute to an award of the University and/or award programs;
• which are taught wholly, or in part, by a third-party provider or by an organisation or individuals not employed by the University itself; and
• any arrangements initiated by JCU Australia, James Cook University Pte Ltd located in Singapore (JCUS), and JCU Brisbane (JCUB).

This Procedure does not apply to:

• research collaboration arrangements;
• articulation, credit transfer, student exchange or study abroad arrangements;
• HDR candidature programs, except where enrolment, administration or supervisory responsibilities are formally delegated to a third party;
• co-tutelle arrangements; and
• internal operations wholly within JCUS or JCUB jurisdictions.

Definitions

Except as otherwise specified in this Procedure, the meaning of terms used are as per the Transnational Education and Third-Party Arrangements Policy, and the Policy Glossary.

Procedure

1. The process of approving new TNE or TPA’s is undertaken in three key stages:

1.1 Scoping and Partner Approval – confirms that the proposed partner does not pose a reputational, financial, or academic risk to the University and that the type of activity proposed with the partner aligns with the University’s strategy and warrants the allocation of University resources to develop. This constitutes the Initial Concept Proposal (ICP).

1.2 Program (or Activity) Approval – approves both the business case and academic plan for the proposed program or activity.

1.3 Contract Agreement Approval – approves the execution of the formal contractual documentation in line with policy.

Scoping and Partner Approval

2. The Proposer must develop an ICP, incorporating an accompanying due diligence and compliance review of the proposed partner (Due Diligence and Compliance Review). These documents establish the academic and strategic rationale for the proposed arrangement and assess the capability, reputation, and regulatory standing of the proposed partner.

3. The ICP must articulate the objectives of the arrangement, demonstrate alignment with the University’s strategic priorities, and include an overview of expected benefits and risks.

4. The Due Diligence and Compliance Review of the proposed partner must include, at a minimum, detailed consideration of the following areas:

4.1 Legal Status and Governance: Verification of the partner’s legal incorporation, ownership structure, board or governing body, and compliance with local laws. The review must identify whether the entity is a 'foreign principal' and whether the arrangement constitutes a 'registrable activity' under the Foreign Influence Transparency Scheme Act 2018. Supply chain risks including modern slavery and child safety should also be considered.

4.2 Financial Stability: Assessment of the partner’s financial viability, including independently audited financial statements, solvency, and funding sources. The review should determine the partner’s ability to sustain its contribution to the arrangement without undue risk to the University.

4.3 Accreditation and Regulatory Standing: Confirmation that the partner is appropriately accredited or registered in its jurisdiction (including to provide the proposed educational services) and has a clear compliance record with relevant regulatory authorities. Any limitations or sanctions must be disclosed in full.

4.4 Academic Capacity: Evaluation of the qualifications, experience, and recruitment processes for teaching staff proposed by the partner. There must be alignment with the University’s requirements regarding teaching qualifications and ongoing professional development.

4.5 Infrastructure and Resources: Review of physical and digital infrastructure including teaching facilities, IT systems integration, data management, cybersecurity, information and privacy protections, library resources, and access to laboratories or specialised equipment necessary for program delivery.

4.6 Student Support Services: Analysis of the adequacy of academic and pastoral support provided by the partner, including orientation, counselling, careers advice, complaints management, and English language support.

4.7 Quality Assurance and Governance: Understanding of the partner’s internal quality assurance mechanisms, capacity for data collection and reporting, alignment with the University’s academic policies, and willingness to engage in regular audits and reviews.

4.8 Strategic Compatibility: Consideration of the partner’s institutional mission, values, and existing collaborations, including potential for reputational enhancement or risk.

4.9 Reputation: The partner’s in-country reputation must be considered, including through engagement with the relevant Australian Embassy or High Commission and other sources of information.

5. The ICP and Due Diligence and Compliance Review must be endorsed by the relevant Deputy Vice Chancellor (DVC) prior to submission to the Vice Chancellor and the Chief Financial Officer (CFO) for approval to proceed to the Program Approval processes.

Program Approval – Business Case and Academic Plan

6. Following Scoping and Partner Approval, the Proposer, in collaboration with relevant stakeholders including the CFO, must prepare a detailed business case developed in conjunction with an academic plan. This includes a five-year financial projection, enrolment forecasts, analysis of cost-sharing arrangements, taxation considerations, and a full risk assessment.

7. The academic plan must outline program content, delivery model, teaching and assessment arrangements, student admissions processes, credit transfer, and provisions for academic and administrative staffing as per the Coursework Approval, Accreditation and Review Policy.

8. Negotiations with the prospective partner must clearly define the roles and responsibilities and resource requirements of each party. This includes academic governance, quality assurance, program delivery, student services, marketing, and ongoing compliance obligations.

9. The University requires that the language of instruction for all TNE and TPA’s is explicitly identified and supported by processes that assure students can demonstrate the same learning outcomes, assessment integrity and graduate outcomes as the accredited course in Australia. This includes ensuring students’ proficiency in the language of delivery and that teaching staff and resources are adequate to uphold equivalent academic standards.

10. Having negotiated and reached a position on these matters, a proposal detailing the nature and structure of the TNE or TPA and the parties’ relative rights and obligations must be approved by the Vice Chancellor on recommendation from the relevant DVC and CFO before proceeding to formalise the relationship in a legally binding contractual agreement.

11. Foreign arrangement notification requirements may apply as per the Foreign Arrangements Notification Procedure.

Business Case and Academic Plan Approval Pathways

12. Academic components of the proposed arrangement, including curriculum and delivery model, must be reviewed and endorsed by Education Committee and Curriculum Committee and approved by Academic Board. Approval from Academic Board is also required for any arrangement that includes the development of a new award program or substantive change to an existing program.

13. Commercial, legal, governance and risk elements of the proposal must be endorsed by Vice-Chancellor’s Committee for recommendation to Council for approval to establish a new campus, either in Australia or overseas, third-party arrangements, and to approve the first instance of offshore delivery of a program.

14. In all cases, approval must be obtained per clauses 12 and 13 prior to the drafting or execution of any legal agreements, or subsequent amendment thereof.

15. In addition to the approval pathways identified in this Procedure, arrangements:

15.1 proposed by JCU Singapore also require endorsement by the JCUS Board; and

15.2 proposed by JCUB require endorsement by the JCUA/JCUB Steering Committee.

Contract Stage - Legal Agreements

16. Formal legal agreements must be prepared following all necessary academic, executive and governance approvals. The University’s Legal Office must be engaged as early as possible to draft and review all legal agreements.

17. A Memorandum of Understanding can serve in the initial phases as a framework for collaborative arrangements.  The TNE or TPA must be based on legally binding contractual documents (such as Heads of Agreement, Service Agreements and/or other agreement(s) as appropriate) before advertising or course commencement may occur.

18. Where the arrangement results in any separate legal entity, the agreement must address procedures for winding up the entity. Where the other party takes it upon itself to draft the agreement the University will seek its own independent legal advice.

19. Legal agreements must clearly specify each parties’ rights and obligations including, without limitation:

19.1 academic standards and responsibilities;

19.2 student admission and progression requirements;

19.3 staff qualifications and support;

19.4 fee structures and financial arrangements;

19.5 data and records management and protection;

19.6 intellectual property rights;

19.7 dispute resolution mechanisms; and

19.8 exit or termination provisions, including teach-out commitments and transfer of data and assets including finance and any enduring responsibilities or obligations.

20. Where TNE is delivered by a third-party, the nature of the partnership and the structure of the arrangement will determine each party’s roles and responsibilities. The parties must discuss and reach agreement on rights and responsibilities in each of the following areas, as applicable to the arrangement:

20.1 nature and extent of appointment of the third-party provider;

20.2 term of the agreement including any options to extend the term, if applicable;

20.3 legal, accreditation and regulatory compliance requirements in all relevant jurisdictions;

20.4 award title (where relevant) that is conferred upon completion and arrangement or process for qualification issuance, or non-award title and the arrangements for validation of program completion;

20.5 processes for monitoring and reporting on academic integrity;

20.6 quality assurance and review arrangements;

20.7 student complaint and grievance mechanisms, and avenues for appeal;

20.8 staffing arrangements and qualifications in accordance with regulatory requirements;

20.9 provision of course materials, required facilities and academic and student support services including the protection and management of students under the age of 18;

20.10 governance arrangements, including policy, procedure and processes framework;

20.11 obligations of the University and third-party provider in relation to records, reporting, access to records and reports, audits, marketing material, student recruitment, academic personnel, representation, reputation, maintenance of approvals;

20.12 student admission and enrolment requirements, including English language requirements, credit, recognition of prior learning and advanced standing;

20.13 obligations of the University and the third-party provider in relation to teaching, assessment, marking and monitoring of student academic progress and feedback to students;

20.14 student and staff induction and ongoing professional learning;

20.15 tuition and non-tuition fees, costs and charges, including invoicing, remittance and payment arrangements;

20.16 intellectual property rights (including licences and the right to sub-licence) and moral rights;

20.17 indemnities, insurance and liability;

20.18 confidential information, information sharing, data protection and privacy;

20.19 review, amendment and termination conditions and processes;

20.20 dispute resolution processes and notices; and

20.21 exit and termination arrangements for programs which ensure the University’s obligations to students are met.

21. The University prohibits third-party providers from sub-contracting the delivery of courses or services. Any exceptional arrangement requires the University’s prior written approval and must be subject to explicit contractual controls to ensure that the University retains full responsibility for academic quality, risk management, and compliance. Further sub-contracting (‘daisy-chaining’) is not permitted under any circumstances.

22. The Associate Director, Admissions and Compliance will review all draft legal agreements to ensure compliance with University policy, Education Services for Overseas Students (ESOS) Act 2000 and HESF requirements.

23. Only the Vice Chancellor is authorised to sign TNE and TPA agreements on behalf of the University, in accordance with the University's delegations of authority.

24. The Tertiary Education Quality and Standards Agency (TEQSA) must be notified of any third-party agreement within five working days of its execution.

25. Partner activities must be subject to both internal and external audit as required.

26. A Joint Management Committee will be established to oversee the Arrangement, chaired by a member of the University Executive. These meetings are to:

26.1 maintain regular communication with the partner and facilitate effective governance through scheduled operational and strategic meetings. These meetings must:

• be documented, with accurate minutes maintained;
• identify and resolve emerging academic or operational issues; and
• include representation from relevant University units, and where an agreement incorporates two or more colleges, each College will appoint a representative.

26.2 oversee the implementation and operation of the arrangement, including induction and orientation materials for the staff of the third-party provider, and training on University policies, procedures and processes, before the commencement of teaching.

27. An operational committee may also be established by the Joint Management Committee if the arrangement is of sufficient scale.

28. The course coordinator for each program being offered will be appointed as the academic contact to provide ongoing oversight of courses and/or programs delivered by third-party providers. The third-party provider will also appoint a Program Coordinator for each program.

Third-Party Delivery of University Programs

Course and Program Approval

29. Course and program documentation must be endorsed by the Curriculum Committee for Academic Board approval in accordance with the process set out in the Coursework Approval, Accreditation and Review Policy. Courses and/or programs delivered with or by third-party providers will not be published, marketed, or accept student applications until:

29.1 the relevant agreement or agreement variation and relevant subdocuments have been approved by an appropriate delegated authority;

29.2 Academic Board has approved the course, program offering and location of offer;

29.3 TEQSA has been notified, and, where applicable, has provided Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) approval for the course; and

29.4 Publicly available information is provided to indicate arrangements with other parties to deliver a course of study.

30. Teaching periods must be aligned with the University academic calendar unless otherwise pre-agreed by the University. Where new teaching periods are proposed, the business case and academic plan will indicate the anticipated administrative effort of the alternative teaching periods.

31. New courses and/or programs may be administered under unique course codes and relevant location and mode of delivery. The location or mode of delivery may be reflected in the course title or course code.

32. Revisions to existing courses and/or programs offered through third-party providers will be subject to the University course and program approval processes. In revising courses and/or programs, colleges must ensure continuing students are offered a suitable transition plan.

33. The University may change the academic delivery method of a program with appropriate written notice to the third-party provider and in accordance with the third-party agreement.

Integrity of Assessment

34. The University’s Learning Outcomes and Assessment Policy applies to all University subject assessments delivered under a TPA.

35. Where assessment items for an individual subject are a combination of those set or graded by the third-party provider and those set or graded by the University, the Subject Coordinator is responsible for analysing the consistency between grades for assessment items graded by the third-party provider and those graded by the University to ensure consistency across the offering, detect variability and recommend adjustments to reduce variability. The teaching staff of the third-party may participate in the moderation process.

36. In the event of inconsistent moderation results, the Subject Coordinator is responsible for developing a plan to address the issue in collaboration with the third-party provider’s Program Convenor, or equivalent.

37. All final subject results will be considered at and approved by the appropriate the University College Assessment Body to ensure appropriate monitoring and equivalent student experiences and outcomes are maintained.

Credit

38. Arrangements for the granting of credit will be detailed in the legal agreements. Any credit transfer arrangement must be approved in accordance with the provisions of the Credit Transfer Procedure.

39. The approved credit or articulation arrangements may not be altered or substituted by the third-party provider through further credit or Recognition of Prior Learning (RPL) granted by the provider.

40. Where articulation arrangements are approved for courses delivered by third-party providers, the relevant Course Coordinator will work with the provider to ensure courses are available for articulation students.

Staffing    

41. The third-party provider will prepare staffing profiles for all academic staff who deliver content that forms part of a University course and/or program. Each staffing profile must include the following information:

41.1 academic qualification;

41.2 employment experience; and

41.3 a detailed explanation of the staff member’s role and responsibility within the course (i.e. course coordinator, tutor, lecturer).

42. The relevant Academic Head will review academic staff profiles prepared by the third-party provider and forward them to the relevant College Dean (or nominee) for approval.

Marketing and Promotion

43. All promotional material including use of the University logo must be pre-approved in accordance with the University's Use of Corporate Identifiers Policy, and will contain the University's CRICOS code.

44. Marketing and promotion (including digital) of a University course and/or program provided by a third-party provider may only commence once academic governance approvals have been completed, and marketing material has been approved.

45. Any course or program requiring CRICOS registration cannot be promoted until a CRICOS code has been received.

46. Any promotion of a third-party provided course or program, and recruitment of students will describe the education services accurately, including the nature of programs, facilities and opportunities available for cross-location experiences for students. Where students will require an Australian Student visa, all marketing materials must comply with the ESOS Act and its related Code of Practice.

47. Where marketing or promotional (including digital) materials are in a language other than English, the third-party provider is required to provide an appropriately certified English language translation of the materials for the Chief Marketing Officer (or their nominee) to approve prior to distribution.

Admission

48. No offer of admission may occur before the appointed representative of the University has received evidence of the third-party provider’s regulatory authority to deliver the course or program.

49. Offshore third-party providers are responsible for ensuring that they obtain all required legal and regulatory permissions and authorities to deliver the program in accordance with all jurisdictions in which the courses and programs are being taught (whether in part or in full).

50. All students admitted to a University course or program leading to a James Cook University degree under a TPA are subject to the requirements of the Coursework Enrolment Policy. Each student admitted to a third-party provided program must satisfy University admission criteria for the program or course to which they are being admitted, and comply with University enrolment conditions.

51. University staff will process applications and admit students to the course or program. Original documents or certified copies of any documentation associated with admission must be received and sighted by University staff before students may be admitted. Students in the University’s third-party programs will enrol in the University courses and/or programs, and this will be stated in the admissions notification.

52. Students enrolled in a University course or program provided by or with a third-party provider remain subject to University policies and procedures unless otherwise indicated in the legal agreements or approved by an appropriate delegated authority. Students will be provided with access to information on which policies and procedures apply to their studies.

Graduation and Graduation Documentation 

53. Graduating students under a TPA may be invited to attend a University Graduation Ceremony.

54. Where permitted in the agreement and under the relevant University policies and procedures, a jointly badged testamur may be awarded to students completing an award under an agreement for a jointly awarded degree. In these cases, the format for any jointly badged testamurs must be pre-approved by University Council.

Course Monitoring and Partner Review

Course and Program Reviews

55. Courses and programs delivered by third-party providers will be reviewed in accordance with the  Coursework Approval, Accreditation and Review Policy, and the  Comprehensive Course Review Procedure.

56. The College Associate Dean, Learning and Teaching (ADLT) is responsible for ensuring that academic quality assurance mechanisms for coursework programs are implemented, including moderation, evaluation, benchmarking and review processes. This includes verifying that:

56.1 assessment tasks are consistent with approved University curriculum;

56.2 student learning outcomes are equivalent to JCU-delivered courses and programs; and

56.3 academic integrity and misconduct processes are followed.

57. The Dean, Graduate Research and Researcher Development (GRRD) is responsible for ensuring that academic quality assurance mechanisms for HDR coursework programs are implemented, including moderation, evaluation, benchmarking and review processes. This includes verifying that:

57.1 assessment tasks are consistent with approved University curriculum;

57.2 student learning outcomes are equivalent to JCU-delivered courses and programs; and

57.3 academic integrity and misconduct processes are followed.

Partner Reviews

58. The Joint Management Committee will coordinate a comprehensive Partner Review and Evaluation (PRE) at least once every five years or at least six months prior to renewal. This review will evaluate (amongst other things) strategic alignment, academic standards, student outcomes, financial sustainability, and the effectiveness of governance and operational arrangements, drawing on input from academic and business units as required.

59. The PRE must:

59.1 assess the strategic alignment and academic quality of the arrangement;

59.2 include feedback from students, staff, and external moderators where available;

59.3 assess learning and teaching outcomes;

59.4 consider progress against recommendations arising from previous APRs and/or PREs; and

59.5 make recommendations for renewal, improvement, or termination

60. The Dean, Education Design, Quality and Standards (EDQS) will ensure that data on student progress, retention and success from third-party providers are provided to the relevant College ADLT and Dean, and Dean GRRD where relevant.

61. The PRE will be submitted to the Vice Chancellor’s Committee and Education Committee for of recommendations or outcomes and endorsement, and be forwarded to Academic Board for approval.

Student Feedback

62. The University will ensure that students enrolled in a University course or program as part of a TPA are provided with the opportunity to participate in relevant confidential student surveys as per the Student Evaluation of Subjects and Teaching Policy.

63. Quality and Evaluation within the Education Design, Quality and Standards Directorate will ensure that University students studying with a third-party provider are included and can be identified in student and graduate surveys.

64. Quality and Evaluation will ensure that student feedback results are provided to the College ADLT,  Program Convenor and Dean, GRRD (for HDR programs). Where student feedback is lower than acceptable in the overall satisfaction measure in the relevant student survey instruments the College ADLT, or Dean, GRRD (for HDR programs) is responsible for developing a plan to address the issue in collaboration with the third-party provider.

Renewal, Discontinuing Programs, Agreement Termination or Expiry

65. The closure of a program to new admissions for a teaching period, the removal of a program from offer at a location, and/or the termination/expiry of a Third-Party Arrangement must be managed in accordance with the relevant agreement.

66. Renewal proposals must be submitted by the Joint Management Committee at least six months prior to the agreement’s expiry, using updated data from annual and five-year reviews. Recommendations for renewal or non-renewal must be based on, amongst other things, academic quality, financial performance, partner engagement, compliance record, and strategic value.

67. The relevant College Dean or Dean, GRRD (for HDR programs) may recommend the termination of an agreement.

68. Where a decision is made not to renew or to terminate an arrangement, the relevant College ADLT or Dean, GRRD (for HDR programs) must work with the Course Coordinator, Dean EDQS and relevant business units to ensure that students are able to complete their program of study without disadvantage. The College ADLT or Dean, GRRD will oversee the development of a credible resourced transition plan consistent with the University’s obligations to allow existing students to complete their program within a reasonable timeframe.

69. Proposed transition plans and teach out arrangements must be submitted to the Curriculum Committee for review and approval. The Curriculum Committee will monitor the implementation of approved transition plans.

70. Teach-out plans must be developed and submitted to Academic Board for approval, and TEQSA where required. The DVC Education will advise TEQSA of any changes to arrangements.

Roles and Responsibilities

71. Where the agreement provides for specific services to be managed or delivered by the third-party provider, the responsibility of the relevant University business unit may be limited to overseeing service provision and ensuring that academic standards, learning and teaching, facilities or services meet the needs of students and are equivalent to those provided by the University in other locations and delivery modes.

Recordkeeping

72. All agreements and related documentation must be registered and archived in accordance with the University’s Records Management Policy.

73. The Manager, International Partnerships is responsible for maintaining records of all TNE and TPA’s. This includes a central register of all active agreements and their terms.

Related policy instruments

Transnational Education and Third-Party Arrangements Policy

Conflict of Interest Policy

Foreign Interference Policy

Foreign Arrangements Notification Procedure

Use of Corporate Identifiers Policy

Coursework Approval, Accreditation and Review Policy and Procedures

Coursework Enrolment Policy

Credit Transfer Procedure

Learning Outcomes and Assessment Policy

Student Evaluation of Subjects and Teaching Policy

Higher Degree by Research Requirements Policy

Schedules/Appendices

Appendix 1 Due Diligence Checklist for Transnational Education and Third-party Arrangements

Related documents and legislation

Tertiary Education Quality and Standards Agency Act, 2011

National Code of Practice for Providers of Education and Training to Overseas Students, 2018 Education Services for Overseas Students Act, 2000

Guidelines to Counter Foreign Inference in the Australian University Sector, 2021

Transnational Education Toolkit, TEQSA, 2022

Guidance Note: Delivery with other parties, TEQSA, 2023

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History