Material Change Procedure

Policy code: CG1727
Policy owner: Manager, Policy and Quality Services
Approval authority: Provost
Approval date: 19 December 2023
Next review date: 19 December 2026

Introduction

It is the University's responsibility to determine which events (or combination of events) constitute a material change that will affect the University's ability to meet and comply with the various regulatory bodies requirements, including the Tertiary Education Quality and Standards Agency (TEQSA) Higher Education Standards Framework, the Australian Skills Quality Authority ASQA VET Quality Framework, the Victorian Registration and Qualifications Authority (VRQA) Guidelines and the Department of Jobs, Skills, Industry and Regions (DJSIR) 2024-2025 Dual Sector VET Funding Contract

A Material Change, according to:

  • Section 29(1) of the Tertiary Education Quality and Standards AgencyAct 2011,
  • Section 19(25) of the Vocational Education and Training Regulator Act 2011,
  • VRQA Guidelines for VET Providers VRQA,
  • VET Dual Sector Funding Contract;

is considered to be:

  1. Changes to legal status/entity, form of control, ownership or shareholding (ABN, trading name).
  2. Changes to key personnel (Chancellor, Vice-Chancellor, ChiefExecutive Officer, Senior Officers, Council members).
  3. Changes to premises at which education services are provided (changes to campuslocations, location of Vice-Chancellor, key contacts, website url).
  4. Adverse findings (adverse recommendations by a professional body, association or government agency).
  5. Financial sustainability (administration status, changes to funding sources, severe financial difficulties).
  6. Third party, agent and/or partnerarrangements (in the delivery of education services, an addition or termination of an agreement with a partner provider/third party/agents, or failure of a third party/partner provider/agent to deliver services on the University's behalf).
  7. System failures (IT systems, student administration systems if it impacts education operations).
  8. Damage to facilities, premises or equipment (long term damage or impact on the University’s ability to deliver learning, teaching or research services).
  9. Any changes that may affect the University’s registration as a higher education provider or as a registered training organisation.
  10. The suspension, withdrawal, or cancellation of the University’s registration by  regulatory bodies.
  11. A data breach resulting in the release of confidential student information.

Material Changes

Reportable

It is a condition of continued registration that the University notifies the relevant regulatory bodies of any Material Changes that it deems of such a nature to significantly affect operations and/or the administrative structure of the University.

Non-Reportable

Not all Material Change events will require reporting to a regulatory body.  However, due to the nature of the event, internal reporting and registering should take place.  This is to ensure that the appropriate impact studies have taken place and reported to the regulatory bodies if required.

Material Change Register

The Material Change Register will record details of reportable and non-reportable Material Changes at the University.  The Register includes information on the areas affected by the change and whether consultation has been undertaken by the appropriate senior manager and due consideration has been given to the impact of changes on operational areas within the University. 

The Register will allow Quality Services to keep track of what stage a Material Change notification is up to in the process.

Material Change Reporting Process

  ACTIVITY RESPONSIBILITY STEPS
A Notify internal Quality of possible material changes

Institute/Department managers (or delegates)

Quality Assurance Services (QAS)

All potential Material Changes to be forwarded to Quality Assurance Services

QAS to place upcoming Material Changes on appropriate University Governance and Management Committee's agendas, unless Management approval to lodge has been provided

B Monitor and assess the risk factors of any potential material changes University Governance and Management Committees

University's Governance and Management Committees are responsible for the monitoring and assessment the risk factors of any potential material changes.

If University Governance and Management Committees are unable to meet within designated timeframe of the regulatory body, , the Chair of the Committee/s will undertake the necessary follow-up with the members of the Committee/s.

C Determination of material change as reportable University Governance and Management Committees

University Governance and Management Committees will determine whether the Material Change event is reportable or non-reportable.

Operational areas affected by the changes will be requested to provide details of the risks and impacts of the changes (if relevant) and measures undertaken to ensure minimum disruption or impact on students and staff.

D Notify Quality Assurance Services of Material Changes Chair, University Governance and Management Committees The Chair (or delegate) will advise Quality Assurance Services of reportable material changes.
E Reportable Material Changes - Reporting material change to regulatory bodies Quality Assurance Services

Material Change events to be recorded by Quality Assurance Services in the Material Change Register.

Quality Assurance Services will complete the appropriate Notification of Material Change and forward to the relevant Deputy Vice Chancellor (or nominee) for approval.

Once approval is received, the regulatory bodies will be informed (as determined as required by the table below).

F Non-Reportable Material Changes Quality Assurance Services Material Change events to be recorded by Quality Assurance Services in the Material Change Register. No further action is required.

Reportable material changes must be reported in accordance with the requirements of the appropriate regulatory body or bodies.

REGULATORY BODY RESPONSIBILITY REPORTING REQUIREMENTS
ASQA Quality Assurance Services

ASQA must be notified of Material Changes through ASQAnet within 90 calendar days.

Third-party agreements must be lodged through the ASQAnet system within 30 days of commencement and/or termination of an agreement by Quality Services.

Department of Jobs, Skills, Industry and Regions

VET Funding Contract

Quality Assurance Services

Notifications of Material Changes will be forwarded by Quality Assurance Services to Planning, Analytics and Reporting Data team to be lodged through the SVTS system.

In keeping with clause 7.3 and 7.4 of the 2024-2025 Dual Sector VET Finding Contract, the Department of Jobs, Skills, Industry and Regions must be notified immediately (at least 20 business days prior to change taking effect) upon the University becoming aware of any proposed change in control. 

The notification must include details of:

  • The date the change is due to take effect from; and
  • Any other information previously submitted by the University which may be affected by the proposed change.

Once HESG receives the notification of the proposed change, the Department may notify whether or not it approves the proposed change.

TEQSA Quality Assurance Services

Notification must be provided to TEQSA no later than 14 days after the day that the provider would reasonably be expected to have become aware of the event.

TEQSA requires notifications to be submitted via email to materialchanges@teqsa.gov.au

VRQA Quality Assurance Services

VRQA must be notified of any changes to the name of the University or the name and contact details of the CEO of the University and members of the governing body, within 10 workings days of the changes being implemented.

The VRQA must also be notified of any new additional delivery sites.

Material Changes must be in writing and submitted via the VRQA website.

A regulatory body may investigate the Material Change notification based on perceived risk.

If any further action and/or information is required, the University will be advised within 30 days of receiving the notification of the Material Change.

The University will be advised of the approval of the Material Change by the regulatory body (if provided). This approval is to be forwarded to Quality Assurance Services for recording in the Material Change Register.

Supporting Documents

Tertiary Education Quality and Standards Agency Act 2011 (TEQSA)

Vocational Education and Training Regulator Act 2011 ASQA

Education and Training Reform Act 2006

Education and Training Reform Regulations 2007 (Regulations 2007) Schedule 7

VRQA Guidelines for Non-School Senior Secondary Education Providers: Minimum Standards for Registration to Provide an Accredited Senior Secondary Course 2017 (Vic)

Forms

Federation University Australia Contacts

The following are the primary contacts for regulatory bodies contacting the University.

TESQA Provost – provost@federation.edu.au
ASQA

Provost – provost@federation.edu.au

Registration / General Enquires

Senior Manager, Policy and Quality Services

quality@federation.edu.au

VRQA

Provost – provost@federation.edu.au

Senior Manager, Policy and Quality Services

quality@federation.edu.au

DJSIR

Provost – provost@federation.edu.au

Senior Manager, Policy and Quality Services

quality@federation.edu.au

Forms, Website and Email

In accordance with Federation University Regulatory Bodies Point of Contact Procedure, Quality Services are the single point of contact within the University for all regulatory body enquiries.