• Section 1 - Context
• Section 2 - Scope
• Section 3 - Definitions
• Section 4 - Proposal for Third Party Arrangement - Education Partnerships
• Due Diligence
• Business Case
• Agreements
• Section 5 - Discontinuing Programs, Agreement Termination or Expiry
• Section 6 - Management of Agreement 
• Program Delivery
• Invoicing
• Agreement Coordination and Liaison
• Section 7 - Academic Governance, Program and Course Approval
• Academic Coordination & Liaison
• Section 8 - Course and Program Approval
• New Courses and Programs
• Existing Courses and Programs
• Integrity of Assessment
• Third Party Provider Courses
• Credit
• Staffing    
• Recruitment and Marketing
• Section 9 - Student Administration
• Admission and Enrolment
• Graduation and Graduation Documentation 
• Section 10 - Quality Assurance
• External Program Reviews
• Academic Quality Assurance, Monitoring and Evaluation
• Third Party Arrangement Annual Report
• Student Feedback
• Third Party Provider Program Delivery Manuals and Student Information
• Section 11 - Roles and Responsibilities
• Section 12 - Relaxing Provision 
• Section 13 - Appendices

Section 1 - Context

(1) This procedure supports the Third Party Arrangements - Education Policy, 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, and must be read in conjunction with those documents.

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

Section 2 - Scope

(3) This procedure applies to:

1. all Third Party Arrangements – Education and all Third Party Arrangements – Transnational Education as defined by the Third Party Arrangements – Education Policy;
2. all persons establishing, teaching or managing a course or program delivered under a Third Party Arrangement – Education, whether employed as a staff member of the University, or by a third-party provider;
3. all contracted third party providers; and
4. all University students admitted to programs and courses delivered via a third party provider.

Section 3 - Definitions

(4) Please see the Third Party Arrangement – Education Policy.

(5) A Third Party Arrangement Program Delivery Manual (or operations manual) for each arrangement will set out key information needed by students, University and third party partner staff for the delivery of University of Newcastle courses and programs subject to a formal agreement, and will be approved in accordance with the provisions of the formal agreement and each party’s governance requirements for approval of academic policy.

Section 4 - Proposal for Third Party Arrangement - Education Partnerships

(6) Proposals for a Third Party Arrangement – Education with domestic third party providers must be prepared using the domestic Third Party Arrangements Proposal Form, for endorsement by the College Pro Vice-Chancellor and consideration by the Portfolio Strategy Group.

(7) Proposals for a Third Party Arrangement – Transnational Education are considered a Category B commercial activity under the University’s Commercial Activities Policy and Commercial Activities Procedure and must be established and managed in accordance with those documents. Proposals must include completion of a commercial activity impact assessment using the Impact Assessment Tool. 

Due Diligence

(8) Due diligence checks for a domestic Third Party Arrangement – Education should be prepared before proceeding to the development of a Business Case. Due diligence must be endorsed by the relevant College Pro Vice-Chancellor and must consider the potential third party provider’s ability to support the University's ongoing compliance with the Higher Education Standards Framework (HESF).

(9) Due diligence checks for Third Party Arrangements – Transnational Education should be prepared according to the Commercial Activities Procedure before proceeding to development of a Business Case, and should consider the potential third party provider’s ability to support the University's ongoing compliance with the Higher Education Standards Framework (HESF).

(10) The due diligence assessment for domestic Third Party Arrangements – Education and Third Party Arrangements – Transnational Education must be attached to the proposal form and should include:

1. assessment of the proposed third party provider’s operations and history, including:
   1. financial viability and track record or probity;
   2. standing of its management and governing body (including fit and proper person review);
   3. reputation in market;
   4. existing domestic or international Third Party Arrangements -Education;
2. identification of appropriate governance and legal arrangements;
3. assessment of financial viability;
4. risk assessment for the proposed model of delivery and identification of mitigation measures;
5. identification of potential conflicts of interest;
6. contingency plans across the proposed delivery model, including termination of contract and teach-out arrangements;
7. staff capability and capacity of the proposed third party provider, with evidence of skills to support delivery of award programs;
8. environmental scans of political instability, where relevant;
9. regulatory and accreditation requirements;
10. legislative scanning to understand scope of all relevant in-country laws where relevant; and
11. market analysis including emerging markets and competitors.

Business Case

(11) The Business Case must be prepared using the University's Portfolio Strategy Group Business Case Template in CourseLoop and should include an assessment of facilities for delivery of the University's courses by the proposed third party provider.

(12) Business Cases will be considered by the Portfolio Strategy Group and will be subject to the approval process set out in the Program Management Manual - Coursework.

Agreements

(13) Except where using an unamended University Legal and Compliance unit approved formal agreement from the Legal and Compliance portal, the Legal and Compliance unit must be engaged for development, review and negotiation of any formal agreements. In some cases, the Legal and Compliance unit may assess the Third Party Arrangement – Education and advise that legal assistance is not necessary (for example where the matter is low value and/or low risk). 

(14) Colleges and Divisions may also engage the Legal and Compliance unit to advise on legal issues concerning the development and implementation of formal agreements and any renewal or variation of formal agreements. 

(15) The template formal agreement contains all elements that are required to cover the rights, responsibilities and obligations of both the University of Newcastle and the proposed third party provider with respect to the domains set out in the Higher Education Standards Framework.

(16) Formal agreements must be approved and signed in accordance with the University's delegations of authority (see Delegations Register).

(17) The appropriate consultation pathway prior to approval includes:

1. consultation with General Counsel; 
2. consultation with the Chief Financial Officer; 
3. endorsement of the relevant College Pro Vice-Chancellor; and
4. approval of the Business Case including the completed Due Diligence Checklist by the Deputy Vice-Chancellor (Academic) through the Portfolio Strategy Group.

(18) All approved formal agreements for a Third Party Arrangement – Education and for a Third Party Arrangement – Transnational Education will be reported by the Deputy Vice-Chancellor (Academic) to the Teaching and Learning Committee and to TEQSA via a material change notification. 

(19) All approved and signed formal agreements will be stored in accordance with the University of Newcastle’s Records Governance Policy. 

Section 5 - Discontinuing Programs, Agreement Termination or Expiry

(20) The relevant University of Newcastle College Associate Dean (Education) and/ or Associate Dean, International for transnational education, or Head of School may recommend the termination of a formal agreement.

(21) 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 formal agreement must be managed in accordance with the relevant formal agreement.

(22) When a formal agreement for a Third Party Arrangement – Education is terminated, the relevant University of Newcastle College Associate Dean (Education) will oversee the development of credible resourced transition plans that are consistent with the University of Newcastle’s obligations to allow existing students to complete their program in a reasonable timeframe.

(23) Proposed transition plans and teach out arrangements must be submitted to the Program and Course Approval Committee (PCAC) for review and approval. The PCAC will monitor the implementation of approved transition plans.

(24) The Deputy Vice-Chancellor (Academic) will advise the Government regulator (TEQSA) of any changes to arrangements with other education providers.

(25) In the case of Third Party Arrangement – Transnational Education, the Commercial Activity Procedure must be complied with when proposing to terminate the formal agreement.

(26) The termination of a formal agreement must be approved in accordance with the University's delegations of authority (see Delegations Register).

Section 6 - Management of Agreement 

Program Delivery

(27) The University of Newcastle may change the academic delivery method of a program with appropriate written notice to the third party provider and in accordance with the formal agreement.

(28) Teaching periods must be aligned with the University of Newcastle academic calendar unless otherwise agreed by the University of Newcastle. Where new teaching periods are proposed the Business Case will indicate the anticipated administrative effort of the alternative teaching periods.

Invoicing

(29) The contract manager for University of Newcastle is responsible for initiating the creation of an invoice for payment by a partner as per the process outlined here. 

Agreement Coordination and Liaison

(30) The Pro Vice-Chancellor Global is responsible for the management, coordination and communication of formal agreements with transnational education partners.

(31) The relevant Head of School is responsible for the management, coordination and communication of formal agreements with partners within Australia. 

Section 7 - Academic Governance, Program and Course Approval

Academic Coordination & Liaison

(32) A University of Newcastle academic staff member (normally the Program Convenor of the comparable program at the University) will be appointed as the academic contact for each program to provide ongoing oversight of courses and/or programs delivered by third parties. The third party provider will also appoint a Program Convenor for each program.

(33) University of Newcastle staff in the relevant College and support units will provide induction and orientation materials for the staff of the third party provider, including training on University of Newcastle rules, policies, procedures and processes, before the commencement of teaching.

(34) A University of Newcastle professional staff member such as a College General Manager or nominee who will be accountable for the operationalisation of the formal agreement, governance, quality and provision of teaching programs and services. Where a formal agreement incorporates two or more Colleges, each College will appoint a representative.

(35) The third party provider should also appoint a person to manage the delivery of services and liaise with the appointed University of Newcastle representative.

(36) Before the establishment of any new Third Party Arrangement – Education, an operations group of staff from both institutions will organise and coordinate information, communication, actions, responsibilities, systems and procedures for the delivery and review of courses, and the support and administration of students.

Section 8 - Course and Program Approval

(37) Course and program documentation must be approved by the Program and Course Approval Committee (PCAC) in accordance with the approval process set out in the Course Management and Assessment Manual and the Program Management Manual - Coursework.

New Courses and Programs

(38) Courses and/or programs may be approved by PCAC subject to the signing of the relevant formal agreement or formal agreement variation.

(39) 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.

Existing Courses and Programs

(40) Revisions to existing courses and/or programs offered through third party providers will be subject to the University of Newcastle course and program approval process as set out in the Course Management and Assessment Manual and the Program Management Manual - Coursework and any relevant delegations of authority.

(41) In revising courses and/or programs, Colleges must ensure continuing students are offered a suitable transition plan.

Integrity of Assessment

(42) The University of Newcastle Course Management and Assessment Manual applies to all University of Newcastle course assessments delivered under a formal agreement for a Third Party Arrangement – Education.

(43) Where University of Newcastle course assessment items are graded by the third party provider and contribute to more than 10% of the final mark, the University of Newcastle College Associate Dean (Education) is responsible for working with schools and Colleges to analyse the assessment item results to ensure consistency across the offering, detect variability and recommend adjustments to reduce variability. 

(44) Where assessment items for an individual University of Newcastle course are a combination of those set or graded by the third party provider and those set or graded by the University of Newcastle, the University of Newcastle College Associate Dean (Education) is responsible for analysing the consistency between grades for assessment items graded by the third party provider and those graded by the University of Newcastle. The teaching staff of the third party provider may participate in the moderation process.

(45) In the event of inconsistent moderation results, the University of Newcastle College Associate Dean (Education) is responsible for developing a plan to address the issue in collaboration with the third party provider’s Program Convenor, or equivalent.

(46) All course final results will be considered at and approved by the appropriate University School Assessment Body to ensure appropriate monitoring and equivalent student experiences and outcomes are maintained.

Third Party Provider Courses

(47) Where a University of Newcastle program incorporates a third party provider’s course(s), the University of Newcastle College Associate Dean (Education) is responsible for:

1. working with Heads of School, Course Co-ordinators, Program Convenors and the third party provider to ensure that the course meets University of Newcastle academic standards, and the learning outcomes are appropriate to the level of the course, and the course is appropriately placed within the program structure;
2. collaborating with Heads of School, Course Co-ordinators, Program Convenors and the third party provider to map curriculum, assessment items and reference material for each instance in which a third party provider’s course is delivered to University of Newcastle students.

Credit

(48) Arrangements for the granting of credit will be detailed in the formal agreement. Any credit transfer arrangement must be approved in accordance with the provisions of the Credit and Recognition of Prior Learning Policy. 

(49) 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 third party provider.

(50) Where articulation arrangements are approved for courses delivered by third party providers, the relevant University of Newcastle College Associate Dean (Education) will work with the third party provider to ensure courses are available for articulation students. The University will determine the credit to be granted to individual students according to the Credit and Recognition of Prior Learning Policy and the relevant Program Schedule.

Staffing    

(51) The third party provider will prepare staffing profiles for all of their academic staff who will deliver content that forms part of a University of Newcastle course and/or programs. Each staffing profile must include the following information:

1. academic qualification;
2. employment experience; and
3. a detailed explanation of the staff member’s role and responsibility within the course (i.e. course coordinator, tutor, lecturer).

(52) The relevant University of Newcastle Head of School or nominee will review academic staff profiles prepared by the third party provider and forward them to the relevant College Pro Vice-Chancellor for approval.

(53) Where the third party provider is not recognised as a ‘University’ by TEQSA or by the Australian Department of Education, the University's Coursework Program Teaching Qualification Guidelines, as outlined in the Course Management and Assessment Manual will be used to assess the suitability of academic staff to coordinate, deliver, teach or assess a University course. The University of Newcastle has the right to veto the appointment of any academic staff proposed to teach content which forms part of a University of Newcastle courses and/or programs under the formal agreement.

Recruitment and Marketing

(54) Courses and/or programs delivered with or by third party providers will not be published, marketed (including digital) or accept student applications until:

1. the relevant formal agreement or formal agreement variation and relevant sub-documents have been approved by an appropriate delegate;
2. PCAC has approved the course, program offering or location of offer;
3. TEQSA have been notified of the Third Party Arrangement – Education; 
4. marketing materials have been approved.

(55) All promotional material including use of the University of Newcastle logo must be approved in accordance with the University's delegations of authority, and will contain the University's CRICOS code.

(56) Any program requiring CRICOS registration cannot be promoted until a CRICOS code has been received. 

(57) 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 Education Services for Overseas Students Act 2000 (Cth) and its related code of practice.

(58) 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 University of Newcastle Director, Future Students (or their nominee) to approve. 

Section 9 - Student Administration

Admission and Enrolment

(59) No offer of admission may occur before the appointed representative of the University of Newcastle has received evidence of approval by the third party provider’s regulatory authority to deliver the program.  

(60) Offshore third party providers are responsible for ensuring that they have 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).

(61) Offers of admission will comply with the requirements of the Admissions Manual - Coursework and Enabling Programs in addition to any other specific requirements of the third-party or other jurisdiction in which the program is being delivered.

(62) Each applicant admitted to a University of Newcastle program offered by a third party provider must satisfy the usual University of Newcastle admission criteria for the program to which they are being admitted and comply with the University of Newcastle enrolment conditions.

(63) University staff will process applications and admit students to the program. Original documents or certified copies of any documentation associated with admission must be received and sighted by University of Newcastle staff before students may be admitted.

(64) The University of Newcastle will issue an admissions notification to each relevant applicant. 

(65) Applicant's for the University's third party programs will enrol in the University of Newcastle courses and/or programs in accordance with the Enrolment Manual, and this will be stated in the admissions notification.

(66) Records of any written offers made to applicants for programs delivered by third party providers are kept by the University in accordance with the Privacy Policy and Records Governance Policy.

(67) Student progression will be monitored in line with the Student Academic Progress Procedure and the Student Academic Performance Evaluation Procedure.

(68) Students enrolled in a University of Newcastle course or program provided by or with a third party provider remain subject to University of Newcastle policies and procedures unless otherwise indicated in the formal agreement or approved by an appropriate delegate. Students will be provided with access to information on which policies and procedures apply to their studies.

Graduation and Graduation Documentation 

(69) Students graduating under a Third party Arrangement - Education may be invited to attend a University of Newcastle Graduation Ceremony. 

(70) The third party provider may hold a recognition or prize-giving ceremony in accordance with the Awards and Graduation Policy. 

(71) If any part of the qualification has been delivered and/or assessed in a language other than English, a statement that this has occurred must be included on the testamur, the academic transcript or the AHEGS. The language of instruction must appear on the transcript of results, the Australian Higher Education Graduation Statement (AHEGS) and the testamur.

(72) Where permitted in the formal agreement and in accordance with the relevant University of Newcastle policy and procedures, a jointly badged testamur may be awarded to students completing an award under Third Party Arrangement – Education for a jointly awarded degree. In these cases, the format for any jointly badged testamurs must be approved by a University of Newcastle delegate. 

Section 10 - Quality Assurance

External Program Reviews

(73) Programs delivered through third party providers are subject to the University of Newcastle’s schedule of Program Review requirements as outlined in the Education Quality Assurance Policy. The Program Review will occur concurrently with the Program Review of the same or comparable programs offered in other locations or modes of delivery.

Academic Quality Assurance, Monitoring and Evaluation

(74) University of Newcastle courses and/or programs delivered via a Third Party Arrangement – Education will be monitored according to the University's quality assurance framework, which includes performance review through surveys and reporting. 

(75) The Office of the Pro Vice-Chancellor Education Innovation will ensure that data on student progress, retention and success from third party providers are available to the College Board, the University of Newcastle College Associate Dean (Education) and the Program Convenor.

Third Party Arrangement Annual Report

(76) The University of Newcastle Associate Dean (Education) is responsible for completing a Third Party Arrangement – Education Annual Report for each domestic and international Third Party Arrangement – Education (see Template at Appendix 2).

(77) The Third Party Arrangement – Education Annual Report (‘Annual Report’) will consider:

1. key indicators including admission targets, retention, student success and student feedback including benchmarking;
2. outcomes from academic quality assurance processes;
3. academic governance and compliance, and any accreditation requirements;
4. financial viability;
5. any changes to the arrangements with the third party provider and impacts;
6. feedback and comments from stakeholders, including but not limited to the third party provider, Global Office, Student Central, and any School or College involved in the delivery of courses under Third Party Arrangement – Education.

(78) The Annual Report may include:

1. an overall evaluation of the partnership and will, where relevant, include recommendations for future engagement with the third party provider;
2. information obtained from a site visit to the third party provider. All costs associated with the site visit will be borne by the relevant College unless otherwise stipulated in the formal agreement.

(79) The Annual Report will be:

1. submitted to the Teaching and Learning Committee for review, approval and monitoring of recommendations or outcomes.
2. forwarded to Academic Senate for noting.

(80) In addition, third party arrangements for transnational education will be subject to at least annually using Part A of the Commercial Activity Report that will be provided by the Associate Dean, International to the College Pro Vice-Chancellor (see Commercial Activities Procedure).

Student Feedback

(81) The University of Newcastle will ensure that students enrolled in a University of Newcastle course or program as part of a Third Party Arrangement – Educatino are provided with the opportunity to participate in relevant confidential student surveys.

(82) Strategy, Planning and Performance will ensure that University of Newcastle students studying with a third party provider are included and can be identified in the University of Newcastle student and graduate surveys.

(83) Strategy, Planning and Performance will ensure that student feedback results are provided to the University of Newcastle College Associate Dean (Education) and the Program Convenor. Where student feedback is lower than acceptable in the overall satisfaction measure in the relevant student survey instruments the College Associate Dean (Education) is responsible for developing a plan to address the issue in collaboration with the third party provider.

(84) Where a program incorporates the third party provider’s courses/subjects, students must be allowed to provide feedback on the quality of these courses/subjects.

Third Party Provider Program Delivery Manuals and Student Information

(85) Subject to the requirements of the Policy Framework, the University College Associate Dean (Education) will create and maintain a Third Party Arrangement Program Delivery Manual (or operations manual) (‘the manual’) based on the template (Appendix 2) that sets out key information needed by students, University staff, and third party staff managing or teaching University of Newcastle courses and programs. This will be developed prior to the first intake of students.

(86)  The manual will set out the responsibilities of all parties concerning the teaching, delivery, delivery methods and academic administration of each course and program. The University of Newcastle may choose to provide specific sections tailored to individual providers as required.

(87) The manual will include information relating to academic and operational matters including:

1. admission and enrolment;
2. student fees and refunds;
3. orientation;
4. academic and non-academic resources and support services;
5. health, safety and wellbeing;
6. assessment;
7. graduation;
8. academic integrity;
9. student conduct;
10. student feedback, complaints and grievances processes; and
11. contact information for the University of Newcastle.

(88) In consultation with the third party provider, the University of Newcastle will create and maintain a site within the learning management system to provide information to students enrolled in University of Newcastle courses and programs delivered through the third party provider. 

(89) As a minimum the learning management system site will outline the University of Newcastle requirements, including but not limited to: 

1. a full program outline, including graduate learning outcomes relevant to the program and the University of Newcastle Generic Skills;
2. use of the learning management system and associated systems (such as text-matching software);
3. access to the Library;
4. assessment and examinations including grading, requests for review and re-marking, and adverse circumstances;
5. academic expectations with regards to academic integrity, academic progress, attendance and work health and safety;
6. student responsibilities for regularly monitoring their student email account, 
7. relevant University of Newcastle policies and procedures;
8. compulsory not for credit modules including:
   1. Academic Integrity Module; and
   2. Consent Matters Module (optional);

(90) The learning management system site will outline the third party provider requirements, including but not limited to:

1. third party provider policies and procedures; and 
2. contact information for the third party provider.

(91) Student Central will review the manual and learning management system site to ensure the accuracy of the manuals, and consistency between the manuals and other University policies and procedures.

Section 11 - Roles and Responsibilities

(92) Where the formal agreement provides for specific services to be managed or delivered by the third party provider, the responsibility of the relevant University of Newcastle support 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 of Newcastle in other locations and delivery modes. 

Section 12 - Relaxing Provision 

(93) The University of Newcastle may deviate from Third Party Arrangement Policy and Procedure with approval from the Deputy Vice-Chancellor (Academic) and in consultation with relevant parties as required.

Section 13 - Appendices

(94) Appendix 1 – Third Party Arrangement  – Education Annual Report template

(95) Appendix 2 – Third Party Arrangement  – Education Program Delivery Manual template (domestic and transnational education).