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Higher education providers must comply with their requirements under HESA and related legislation. The department may exercise its regulatory powers to monitor providers’ compliance, or to actively investigate instances of non-compliance. Civil penalties may apply in instances where providers do not comply with their legislative obligations.
47.1 – Statements of general information
Providers must give to the department statistical or any other information requested in writing relating to:
- the provision of higher education by the provider; and
- compliance by the provider with its requirements under HESA
The information must be provided in the form requested and in accordance with any other stated requirements [HESA section 19-70].
47.2 – Cooperation with HESA and TEQSA investigators
Providers must co-operate with HESA and TEQSA investigators who are performing functions or exercising powers under HESA. Providers must not obstruct or hinder an investigation by a HESA or TEQSA investigator [HESA section 19-71].
47.3 – Notice of events
A provider must inform the department in writing of any events that:
- affect the provider’s ability to meet the conditions of Commonwealth grants or the quality and accountability requirements [HESA section 19-75]
- affect the provider’s self-accrediting authority or accreditation by TEQSA [HESA section 19‑77]; or
- affect the provider’s registration as a higher education provider by TEQSA [HESA section 19‑78]
47.4 – Audit requirements
A provider may be audited in relation to compliance with any one or more of the following requirements:
- the financial viability requirements
- the fairness requirements
- the compliance requirements
- the contribution and fee requirements.
Providers must co-operate with any auditing body, which may include paying any charges relating to the audit [HESA section 19-80].
47.5 – Compliance notices
A provider may be given a written compliance notice if the department is satisfied or is aware of information that suggests the provider has not complied with any of its legislative requirements.
A provider must comply with any action requested of the provider in the compliance notice. Failure to comply with a compliance notice may lead to a provider’s approval as a higher education provider being suspended or revoked or a civil penalty order (of up to 60 penalty units) or the issue of an infringement notice. [HESA sections 19-82 and 215-20].