Frequently Asked Questions

This page has been designed to help you learn more about Foreign Arrangements and the Scheme. We will be updating this page as needed; however, in the meantime, if you require further assistance, please contact DFATreporting@westernsydney.edu.au

What is the Foreign Arrangements Scheme and what is its purpose?
The Foreign Arrangements Scheme, established under Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, creates a framework for Australian State and Territory entities, including Public Universities, to notify the Minister for Foreign Affairs of their foreign arrangements. The Scheme operates to ensure that State and Territory entities do not enter foreign arrangements which pose a risk to Australia’s foreign relations, national interest, or foreign policy.
What is a foreign arrangement?

Foreign arrangements are written arrangements, agreements, contracts, understandings or undertakings between universities and foreign entities.

Written arrangements can be undertaken via email exchange, notes, social media communication (such as Facebook, WhatsApp), SMS, agreements or contracts.

They may be legally-binding or not legally-binding.

What does the Scheme address?

The Foreign Arrangements Scheme (the scheme) deals with foreign arrangements. These are written arrangements, agreements, contracts, understandings or undertakings between State and Territory entities and foreign entities. They may be legally-binding or not legally-binding.

The scheme provides a process for States and Territories and their entities to notify the Minister for Foreign Affairs (the Minister) if they propose to enter into a foreign arrangement. It creates obligations in respect of both future arrangements and existing arrangements.

Arrangements are notified to the Minister through the Foreign Arrangements Online Portal (opens in a new window)

Who is covered by the Scheme?

The scheme covers State/Territory entities, including:

  • States and Territories, and State and Territory governments, departments and agencies (core State/Territory entities), and
  • local governments, and Australian public universities (non-core State/Territory entities).

The scheme also covers foreign entities, including:

  • a foreign country, its national government and a department or agency of that national government (core foreign entities), and
  • a province, state, self-governing territory, region, local council, municipality or other political subdivision of a foreign country (including its governments, departments, agencies), an authority of a foreign country established for a public purpose, and a foreign university that does not have institutional autonomy (non-core foreign entities).
When are Australian universities covered by the Scheme?
The Foreign Arrangements Scheme (the scheme) only applies to Australian public universities when they enter an arrangement with a foreign government or a foreign university that does not have institutional autonomy. Arrangements entered into by Australian public universities are non-core foreign arrangements under the scheme. This is the case irrespective of the type of foreign entity with whom the arrangement is entered. Further detail is in Fact Sheet 1 (opens in a new window)
What counts as a ‘foreign government’?
Under the Act, a foreign government includes a foreign national or sub-national government (including a department, agency or other public authority of that government). Some foreign tertiary education institutions, such as government military academies, would be considered part of the foreign government.
When are university-to-university arrangements covered?

A university-to-university arrangement is not within scope unless the arrangement is between an Australian public university and:

  • a foreign tertiary education institution that is a part of a foreign government (eg, a government military academy), or
  • a foreign university that does not have institutional autonomy because a foreign government is in a position to exercise substantial control over the University.
When would a foreign university not have institutional autonomy?

A foreign university does not have institutional autonomy when a foreign government is in a position to exercise substantial control over the university.

A University or institution might be perceived as non-autonomous when:

  • a majority of the members of the university’s governing body are required, by a law or the university’s governing documents, to be members or part of the political party that forms the foreign government;
  • education provided or research conducted at the university is required, by a law or the university’s governing documents, to adhere to, or be in service of, political principles or political doctrines of the foreign government or the political party that forms the foreign government;
  • and/or the university’s academic staff are required, by a law or the university’s governing documents, to adhere to, or be in service of, political principles or doctrines of the foreign government or the political party that forms the foreign government, in their teaching, research, discussions, publications or public commentary.

The vast majority of foreign universities do not meet these criteria. Universities with similar levels of institutional autonomy to Australian universities do not meet these criteria. Arrangements between these universities and Australian public universities do not need to be notified.

What about grant applications?
Generally, universities should notify the Minister of a grant application at the stage when both parties have committed to progress the grant arrangement but before they sign any arrangement or finalise commitments. A university would not need to notify the Minister when they submit a grant application and that application has not been agreed to by the entity administering the grant.
What is the purpose of a public register?
The public register includes information about foreign arrangements, including whether a decision has been made by the Minister in relation to the arrangement. Certain sensitive material may not be required to be included on the register.
As a staff/student of Western, how will I comply with the obligations of the Foreign Arrangements Scheme?
The Foreign Arrangements Scheme, established under Australia’s Foreign Relations (State and Territory Arrangements) Act 2020, creates a framework for Australian State and Territory entities, including Public Universities, to notify the Minister for Foreign Affairs of their foreign arrangements. The Scheme operates to ensure that State and Territory entities do not enter foreign arrangements which pose a risk to Australia’s foreign relations, national interest, or foreign policy. The Scheme creates an ‘approval’ process for core entities, and a ‘notification’ process for non-core entities, including Public Universities.
Where can I find more information?

More information can be found at the following websites: