• Section 1 - Context and Purpose
• Section 2 - Executive Summary
• Section 3 - Scope
• Section 4 - Audience
• Section 5 - Definitions
• Section 6 - Principles
• Section 7 - Management
• Management of Third Party Arrangements
• Section 8 - Relaxing Provision

Section 1 - Context and Purpose

(1) Third party arrangements, as defined by this Policy, are regulated by TEQSA under the Higher Education Standards Framework. This policy establishes the provisions for proposing, entering and managing third party arrangements.

(2) This policy must be read in conjunction with the Third Party Arrangements - Education Procedure, the Course Management and Assessment Manual, the Program Management Manual - Coursework, the Global Partnerships Framework, the Trans National Education (TNE) Guidelines, the Risk Management Framework, Commercial Activities Policy and Commercial Activities Procedure.

(3)  In the event of an inconsistency between this Policy or a Rule, the Rule made by the Council prevails to the extent of the inconsistency.

Section 2 - Executive Summary

(4) This policy provides a mechanism for the University of Newcastle to collaborate with third party providers whilst assuring compliance with University of Newcastle policies and procedure and obligations as an Australian registered higher education provider.

(5) When establishing a third party arrangement, particular attention must be paid to the University's Staff Code of Conduct, Ethical Framework, Transparency and Disclosure Policy, Conflict of Interest Policy, Foreign Interference Policy, and the Code for the Protection of Freedom of Speech and Academic Freedom.

Section 3 - Scope

(6) This policy applies:

1. to all new, revised, or extended third party arrangements with domestic and international partners for the delivery of education leading to the award of a University of Newcastle qualification; and
2. all third party arrangements for the delivery of education that are being considered, or entered into by the University of Newcastle from the effective date of this Policy, including partnerships with other organisations, higher education institutions or entities.

(7) This policy does not apply to:

1. agent arrangements;
2. work integrated learning;
3. articulation and credit arrangements;
4. study abroad, student exchange and mobility activities including non-award short courses delivered by partner institutions; 
5. the delivery of University of Newcastle content to students registered with an external organisation for which the University provides validation or recognition of learning; or
6. third party education arrangements between a controlled entity of the University and a third party.

Section 4 - Audience

(8) This policy should be read and understood by:

1. all staff establishing, teaching or managing a program or course delivered under a third-party arrangement, whether employed by the University of Newcastle or a partner organisation; and
2. all third-parties subject to, or seeking to be subject to a formal agreement with the University for a third party arrangement as defined by this policy.

(9) This Policy provides informaiton for all University of Newcastle students admitted to programs and courses delivered by third-party providers.

Section 5 - Definitions

(10) In the context of this document and its associated procedure:

1. a ‘Third Party Arrangement – Education’ is an arrangement, formalised by a signed agreement (‘formal agreement’) between the University of Newcastle, as a registered higher education institution, with one or more third parties to offer a course of study that leads to the award of a University of Newcastle qualification;
2. a ‘Third Party Arrangement - Transnational Education’ is a type of third party arrangement as per the above definition, where students will be enrolled in University of Newcastle programs and/or courses that are delivered by a third party who is located outside Australia. These activities are considered a commercial activity in accordance with the University of Newcastle Act 1989 No 68. A Third Party Arrangement - Transnational Education must comply with the Commercial Activities Policy and it’s associated procedure.
3. Types of Third Party Arrangement - Transnational Education may include:  
   1. in-country language programs;
   2. onshore and offshore arrangements with other providers to deliver higher education leading to the award of a University qualification;
   3. twinning arrangements and joint awards, where students complete part of their program at the University and the remainder with the third party, and receive one qualification jointly badged by the University and the third party;
   4. Dual awards where one or more program of study with two providers (including the University and a third party) that leads to the award of two separate qualifications, one of which is from the University.

Section 6 - Principles

(11) The University is committed to developing Third Party Arrangements – Education (“arrangement/s”) that align with the following principles:

1. Strategic fit: 
   1. the arrangement must align with and advance the University's strategic direction oulined in it’s strategic plan;
   2. the arrangement should benefit the University's national and international profile and reputation;
2. Third Party alignment:
   1. The third party and the type of arrangement should complement and align with the University's Global Engagement Partnership Strategy and the College's strategic priorities;
   2. The third party should have a demonstrated record of academic credibility suitable to the type of arrangement;
   3. The third party should have a strong commitment to the intended partnership arrangement;
3. Academic control and standards (applied to University of Newcastle owned courses):
   1. the arrangement must recognise that the University of Newcastle retains academic control over its courses, degrees, and awards, which will be exercised through student selection and admission, granting of credit, curriculum and assessment;
   2. the arrangement must support the delivery of University of Newcastle courses consistent with the academic standards of the University of Newcastle as set out in the regulations it is subject to, and its associated policies. These regulations include, but are not limited to:
      1. Higher Education Standards Framework (Threshold Standards) 2021 or subsequent updates;
      2. Australian Qualifications Framework;
      3. Education Services for Overseas Students Act 2000;
      4. National Code of Practice for Providers of Education and Training to Overseas Students 2018;
      5. Other relevant accreditation bodies;
   3. the arrangement must prioritise student experience, safety and outcomes;
   4. the third party must comply with the legislative requirements of the country in which it operates;
4. Agreement on targets and/or objectives:
   1. the arrangement must be capable of delivering agreed qualitative and quantitative benefits to all parties involved;
   2. the arrangement should be capable of delivering an agreed minimum outcome within a determined period and demonstrate financially sustainability.

(12) All arrangements require the development and execution of a formal agreement before commencement of the arrangement and in accordance with the University's delegations of authority, this policy and its associated procedure and documents.

(13) The University will not enter into a formal agreement with a third party from a sanctioned country or with sanctioned persons or entities to delivery any University of Newcastle courses and/or programs (see International Sanctions Compliance Policy).

(14) All formal agreements for arrangements must take full consideration and account of ethical, safety, security, compliance and political considerations. This includes reference to the Guidelines to counter foreign interference in the Australian university sector (2019). 

(15) The University will not enter into formal agreements with overseas institutions or organisations in any country with which Australia does not engage in diplomatic relations, or where otherwise advised by the Australian Department of Foreign Affairs and Trade (DFAT) or other relevant government bodies not to do so.

(16) Students enrolled in a program or course delivered by a third party are University of Newcastle students and are subject to the University's statutes, regulations, policies, and procedures in addition to any local legislative requirements if delivered internationally.

(17) The University has contingency plans and safeguards to meet its obligations to students if an arrangement is discontinued.

Section 7 - Management

Management of Third Party Arrangements

(18) The University is accountable for compliance with the Higher Education Standards Framework and is responsible for the quality assurance of all aspects of arrangements.

(19) The ongoing management and implementation of formal agreements must be consistent with the Third Party Arrangements - Education Procedure, and any associated documents.

(20) Additionally, each Third Party Arrangement - Transnational Education must meet the requirements of the University's Commercial Activities Policy and Commercial Activities Procedure.

Section 8 - Relaxing Provision

(21) The University may deviate from this Policy, where there is continued compliance with the Higher Education Standards Framework and the Commercial Activities Policy and its associated procedure (where relevant), with approval from the Deputy Vice-Chancellor (Academic) and in consultation with the relevant parties as required.