Commonwealth of Australia
Education Services for
Overseas Students Act 2000
National Code of
Practice for Registration Authorities and Providers of Education and Training
to Overseas Students 2007 (National Code 2007)
I,
JULIE BISHOP, Minister for Education, Science and Training, make the attached
National Code 2007 under subsection 33(1) of the Education Services for
Overseas Students Act 2000.
Dated
this 7 day of March 2007.
__________________________________________
JULIE BISHOP
Minister for Education, Science and Training
(i) CITATION
The National Code of Practice for Registration
Authorities and Providers of Education and Training to Overseas Students may be
cited as the National Code 2007.
(ii) AUTHORITY
The National Code 2007 is made under subsection 33(1) of the Education Services for Overseas
Students Act 2000.
(iii) DATE OF EFFECT
The National Code 2007 takes effect from
1 July
2007.
(iv) REVOCATION
The National Code 2007 revokes the National
Code of Practice for Registration Authorities and Providers of Education and
Training to Overseas Students dated 4 June 2001.
(v)
TRANSITION ARRANGEMENTS
(1) The revocation of the National Code of
Practice for Registration Authorities and Providers of Education and Training
to Overseas Students, dated 4 June 2001, does not affect the validity of a
decision made under that National Code.
(2) A decision made under that National Code is
taken to continue to have effect as if it were made under the National Code
2007.
National Code of Practice
for Registration Authorities and Providers of
Education and Training
to Overseas Students 2007
(The National Code 2007)
TABLE OF CONTENTS
A. FRAMEWORK 4
Preamble 4
The National Code and its purpose 4
Establishment of the National Code 4
Objectives 4
Structure of the National Code 4
Application of the National Code 5
Overseas students and consumer
protection 5
Where does the national code fit
within the ESOS framework? 5
Principles and guidelines 5
Benefits of international
engagement 5
Collaboration and shared
responsibility between governments and providers 6
Student visa integrity 6
B. GOVERNMENT ROLES AND RESPONSIBILITIES 7
Introduction 7
Australian Government 7
State and territory governments 7
Efficient and effective administration of the ESOS
framework 7
C. REGISTRATION ON CRICOS 8
Overview 8
Registration on CRICOS 8
D. STANDARDS FOR REGISTERED PROVIDERS 11
Introduction 11
Compliance with the standards for registered providers 11
Requirements for registered self-accrediting
providers 11
Pre-enrolment engagement of students 12
Standard 1 – Marketing
information and practices 12
Standard 2 – Student engagement
before enrolment 13
Standard 3 – Formalisation of
enrolment 13
Standard 4 – Education agents 14
Care for and services to students 15
Standard 5 – Younger students 15
Standard 6 – Student support
services 16
Students as consumers 17
Standard 7 – Transfer between
registered providers 17
Standard 8 – Complaints and
appeals 18
The student visa programme 19
Standard 9 – Completion within
the expected duration of study 19
Standard 10 – Monitoring course progress 20
Standard 11 – Monitoring
attendance 21
Standard 12 – Course credit 22
Standard 13 – Deferring, suspending
or cancelling the student’s enrolment 23
Staff, educational resources and premises 23
Standard 14 – Staff capability,
educational resources and premises 24
Standard 15 – Changes to registered
providers’ ownership or management 24
APPENDIX
Definitions 25
Acronyms and abbreviations 28
1.1 The National Code of Practice
for Registration Authorities and Providers of Education and Training to
Overseas Students (the National Code) provides nationally consistent standards
for the conduct of registered providers and the registration of their courses. The
standards set out specifications and procedures to ensure that registered
providers of education and training courses can clearly understand and comply
with their obligations under the National Code.
1.2 The National Code also
identifies the roles and responsibilities of the Australian Government and
state and territory governments in discharging their regulatory functions.
2.1 The Education Services for
Overseas Students Act 2000 (the ESOS Act) required an independent
evaluation to be undertaken within three years of it coming into effect. The
Minister for Education, Science and Training established this National Code
under the ESOS Act as a response to the independent evaluation of the ESOS Act,
and following consultation with each state and territory and representatives of
industry and student bodies. This National Code replaces the Code established
in 2001 and is effective from 1 July 2007. From that date, all registered
providers must comply with it. The Australian Government will periodically
review the effectiveness of the National Code.
3.1 The objectives of the National
Code are to:
a. support
the ESOS framework, including supporting the effective administration of the
framework by the Australian Government and state and territory governments
b. establish and safeguard Australia’s international reputation as a provider of high quality
education and training by:
i.
ensuring that education and training
for overseas students meets nationally consistent standards, and
ii.
ensuring the integrity of registered
providers
c.
protect the interests of overseas students by:
i.
ensuring that appropriate consumer
protection mechanisms exist
ii.
ensuring that student welfare and
support services for overseas students meet nationally consistent standards,
and
iii.
providing nationally consistent standards
for dealing with student complaints and appeals
d. support registered providers in monitoring student
compliance with student visa conditions and in reporting any student breaches
to the Australian Government.
4. Structure of the National Code
4.1 This framework (Part A) broadly
outlines the principles and guidelines that underpin the National Code. Part B
describes the roles and responsibilities of the Australian Government and state
and territory governments in administering the ESOS regulatory framework. Part
C outlines the Commonwealth Register of Institutions and Courses for Overseas
Students (CRICOS) registration requirements and Part D provides standards that
set out obligations on and procedures for registered providers of education and
training to overseas students.
5.1 The National Code applies to
all providers registered under the ESOS Act to deliver education and training
courses to overseas students who come to Australia to study on a student visa. It
is also used by designated state and territory government authorities (designated
authorities) for the purpose of recommending courses for registration on
CRICOS.
5.2 The National Code complements
existing national quality assurance frameworks for sectors of the education and
training industry where appropriate.
6.1 Overseas students differ from
domestic students in that they are subject to migration controls and face different
needs for consumer protection. Under Australian law, students from overseas are
generally required to hold a student visa to enter Australia for education and
training, and must comply with its conditions. Consumer protection must be
appropriate for overseas students who usually cannot evaluate the quality of a
course before purchase. If there is reason for discontent with the services
they have obtained, they may not be able to remain in Australia to pursue the
consumer protection remedies provided through Australian courts.
7.1 The ESOS
framework comprises principally the ESOS Act, its Regulations (the ESOS
Regulations), the Education Services for Overseas Students (Registration
Charges) Act 1997 (the ESOS Charges Act) and the National Code. The ESOS
framework is complemented by the Migration Act 1958 and its Regulations
and various state and territory legislation relevant to the education and
training of overseas students.
7.2 The ESOS Act and the ESOS
Regulations set out the rules and regulations for the registration of
providers, obligations on registered providers, the operation of the ESOS
Assurance Fund, enforcement of the ESOS legislative framework and the
establishment of the National Code. The ESOS Charges Act specifies the registration
charges applying to CRICOS registered providers. The National
Code gives these rules and regulations a practical application by providing
nationally consistent standards for the registration and conduct of registered
providers and the conduct of persons who deliver educational services on behalf
of registered providers.
7.3 The National Code is a legislative
instrument. It is legally enforceable and breaches of the National Code by
registered providers can result in sanctions being imposed on providers’
registration under the ESOS Act.
7.4 The ESOS framework is also
supported by state and territory legislation that regulates the approval of
education and training providers in accordance with relevant national
protocols.
8.1 Australia gains significant
benefits from its export of education and training services. The social and
economic benefits flow to individuals, institutions and the wider community,
both in Australia and in other countries. International engagement in education
and training can transform individuals, widening their intellectual horizons,
opening them to new ideas and experiences, and extending their friendships. Overseas
students also contribute intellectually to Australian education and society,
and provide diverse social and cultural perspectives that enrich the
educational experience for many Australian students.
8.2 The benefits of international
education and training depend on the service provided to overseas students, and
on public confidence in the integrity and quality of that service. An industry
servicing students who travel to Australia to study requires a consistent
national approach to the registration of providers permitted to offer those services.
A quality reputation for Australia’s international education services underpins
the long-term benefits for trade and foreign relations and is imperative to
domestic acceptance of growth in trade in education services. All of this can
be jeopardised by education and training providers who do not deliver a quality
service, or overseas students who breach the conditions of their student visa.
The ongoing realisation of the benefits of international education and training
requires maintenance and enhancement of Australia’s reputation as a provider of
high quality education and training to overseas students.
9. Collaboration and shared responsibility
between governments and providers
9.1 The Australian Government, state
and territory governments and providers share responsibility for maintaining
and enhancing Australia’s international reputation as a destination for high
quality education and training for overseas students. Enhancement of quality,
consumer protection and integrity of the student visa programme are achieved
through collaboration between all government agencies and the international
education and training industry and through inter-sectoral collaboration.
10.1 The international education and
training industry is closely linked to the Australian Government’s student visa
programme. Adherence to migration law is essential to ensure public confidence
in the student visa programme and to ensure the provision of high quality
education and training opportunities to students. Under the ESOS Act,
registered providers are required to notify both students and the Australian
Government when students have breached their student visa conditions as a
result of having failed to maintain satisfactory course progress or attendance.
10.2 The National Code sets out the course
progress and/or course attendance requirements which registered providers must
apply to overseas students. It provides nationally consistent standards to
enable registered providers to meet their obligations to support student visa
integrity.
Introduction
1. The
ESOS framework is based on a cooperative regulatory model between the
Australian Government and state and territory governments. Part B is included
in the National Code to facilitate a better understanding of government respective
roles and responsibilities in administering the ESOS framework.
2. The
Australian Government is responsible for protecting the reputation of Australia’s
international education and training industry and its capacity to provide
quality education and training services while maintaining the integrity of the
student visa programme. State and territory governments have responsibility for
the regulation of education in their jurisdictions.
Australian Government
3. The Department
of Education, Science and Training (DEST) is responsible for administering the
ESOS Act and its associated instruments. This includes managing CRICOS and
supporting national consistency and policy development to assist the consistent
interpretation and application of the ESOS framework, and the National Code in
particular.
4. DEST
also monitors compliance with the ESOS Act and the standards in the National
Code, particularly focussing on student visa integrity and consumer protection.
DEST is responsible for investigating and instigating enforcement action for
breaches of both the ESOS Act and the National Code. DEST will publish
information about its compliance and enforcement activities on a regular basis.
5. The
ESOS framework recognises the role registered providers have in ensuring the
integrity of Australia’s student visa programme through their ongoing contact
with students during their stay in Australia. The Department of Immigration and Citizenship (DIAC) is
responsible for regulating students by administering the student visa
programme.
State and territory governments
6. Each
state and territory government regulates the delivery of education services to
domestic students. The ESOS framework recognises this pivotal role of state and
territory governments and minimises the regulatory burden on registered
providers by applying existing registration, accreditation and compliance
systems to underpin regulation of the education and training for overseas
students studying in Australia.
7. Under
the ESOS framework, the designated authority in each state and territory assesses
the registration and re‑registration of courses on CRICOS and monitors
compliance with the National Code. Some state and territory governments also
have legislation that specifically relates to providing education services to overseas
students.
8. While
DEST is primarily responsible for investigating and instigating enforcement
action for breaches of both the ESOS Act and the National Code, state and
territory governments often have enforcement mechanisms available through their
legislation. Pursuing enforcement action through these mechanisms may be more
appropriate given the nature of the breach, particularly if the state or
territory government has specific legislation related to ESOS matters.
Efficient and effective administration of the
ESOS framework
9. To support
the efficient and effective administration of the ESOS regulatory framework,
the Australian Government and state and territory governments will:
a. coordinate and maximise communication and collaboration
b. minimise the regulatory cost to governments and providers
c. ensure roles and responsibilities are clearly defined
d. support a nationally consistent approach, and
e. be transparent to the Australian international education
and training community.
Overview
1. Part C of the National
Code outlines registration of providers and courses on CRICOS.
It provides a general description of the registration process under the ESOS
legislative framework and specifies minimum requirements that apply to the registration
process. This part needs to be read in conjunction with the ESOS Act, the ESOS
Regulations, and Part D of the National Code, as they also set out
requirements which need to be met for CRICOS registration.
2. Initial
registration of providers and their courses on CRICOS involves two stages. The
first stage is undertaken by the designated authority for that state or territory and the second stage by DEST. A provider is
not registered to offer or provide courses in a state to an overseas student
until both stages of this process have been completed.
3. Providers can only be registered
on CRICOS where they have been approved by the designated authority to provide
courses of education or training to overseas students in that state. This
approval can only be given where the provider to be registered has been found
to comply with all the requirements for registration under the relevant state
or territory legislation and section 9 of the ESOS Act. This includes complying
with the requirements of the National Code.
4. Registration on CRICOS is for a
particular course for a particular state. A provider wishing to provide courses
in more than one state must seek registration for each course in each state
where it will be delivered.
5. In the event that a change of
ownership of the registered provider results in a change to the previous legal
entity registered on CRICOS, the new entity must obtain its own CRICOS
registration.
6.1 In addition to meeting the
general requirements for registration set out in this part, providers must submit
applications for registration and re-registration in a form to be determined by
each designated authority that contains at least the following information:
a.
details of the provider, including:
i.
legal entity name and status of the provider (for example, company or
individual)
ii.
trading name of the provider and whether it is a registered trading name
iii.
an Australian Business Number or Australian Company Number
iv.
names, and residency status, as appropriate of the principal executive
officer for unincorporated associations or directors, owners, partners, consortium
providers, chief executives and managers (where there is
no stated position of director, principal or chief executive)
v.
contact details of the head office (street and postal address, email,
telephone, facsimile, website), and
vi.
contact details of the premises at which the education/training will be
provided
b.
proposed maximum number of overseas students having regard to the
appropriateness of the resources and facilities for the delivery of the course
c.
locations, including address and contact details, for all sites where
students are scheduled to attend classes for teaching purposes, course related
information sessions and supervised study sessions. For work-based training sites
where the location is unknown at the point of registration, the provider is required
to maintain a documented policy specifying the criteria on which the selection
and approval of such sites is based
d.
a statement on:
i.
whether the provider (including directors, owners, partners, chief
executive or managers) has previously been a registered provider (and, if so,
the name of the designated authority, dates of the registration, reasons for
ending registration and whether any sanctions are outstanding), and
ii.
whether the provider has previously been refused registration by DEST or
any designated authority (and, if so, the name of the designated authority) and
reasons for refusal
e.
the courses that the provider is seeking to offer to overseas students
in that state, including the proposed structure of the course, and
f.
any other information as required under section 9 of the ESOS Act.
7. Course duration
7.1 The registration
of a course on CRICOS must include the expected duration of the course. The
registered duration cannot exceed the time required for completing the course
on the basis of the normal amount of full-time study. Only courses which can be
undertaken on a full-time basis can be registered on CRICOS. A course will not
be registered on CRICOS unless it meets the relevant Australian Qualifications
Framework requirements or those of any other appropriate quality or
accreditation framework, if an appropriate framework exists.
7.2 For English Language Intensive Courses for Overseas Students (ELICOS),
a course duration range may be specified on CRICOS as the study duration will
vary according to each student’s learning goals which will be reflected in the
expected duration of study specified on the student’s Confirmation of Enrolment
(CoE). ELICOS courses remain subject to the requirement in paragraph 7.1 that
only full-time courses can be registered on CRICOS.
7.3 The designated
authority must take into account the proposed course structure when determining
the appropriate duration for registration on CRICOS (that is, the number of
compulsory terms or semesters each academic year). The registered duration of
the course must include approved holiday periods and any approved periods of
work-based training. When the course duration is not specified by the
accrediting authority, the designated authority will determine the course
duration based on a minimum of 20 scheduled course contact hours per week.
7.4 Proposed changes
to the registered duration of a course must be approved by the designated
authority prior to the changes being made.
8. Work-based training
8.1 Work-based
training must only be approved by a designated authority as part of a
CRICOS-registered course where:
a. it must be undertaken to gain the qualification, and
b. the registered provider has appropriate arrangements for the
supervision and assessment of overseas students in place.
9.1 Courses
delivered entirely by online or distance learning can not be registered on
CRICOS. Courses with a distance or online component can only be registered on
CRICOS where the designated authority is satisfied that these courses meet the
minimum requirements as specified in Standard 9.
10.1 Where more than
one provider is to be involved in providing a registered course to overseas
students (for example, where one develops the curriculum and awards the
qualification, and another delivers the tuition), only one provider will be
registered for that course. CRICOS registration for courses is not transferable
between providers.
10.2 The designated
authority needs to be advised in writing of all providers to be involved in
providing a registered course, the role played by each provider in the delivery
of the course and the single provider recommended to be registered for the
course. The designated authority will assess the provider’s suitability for
registration in light of its connection with and responsibility for the course.
10.3 The registered
provider is responsible under the ESOS Act for breaches of the Act or National Code,
whatever the nature of its contractual or other arrangements with another
provider for that course.
10.4 Proposed changes
to arrangements with other providers must be approved by the designated
authority prior to the changes being made.
11.1 As part of the
registration approval process, the designated authority will conduct at least
one inspection of the provider’s premises to ensure that the provider meets
Standard 14 (Staff capability, education resources and premises). For this
purpose, the provider’s premises include all locations where the provider
operates as well as the locations of providers with whom the provider has an
arrangement. When applicable, it may also include sites of work-based training.
11.2 The designated
authority may choose to accept from a provider a statement that it satisfies
all of the requirements of the National Code without an inspection, so long as
the course is provided entirely by the provider (that is, not under an
arrangement with another provider). The designated authority may also accept
clear evidence that the facilities meet Standard 14, based on reports from
persons authorised by the designated authority to provide the advice.
11.3 Further
inspections will be conducted by the designated authority as appropriate during
the period of CRICOS registration. These further inspections may include
unscheduled visits when the designated authority deems such a visit is
warranted.
11.4 An inspection will
include interviews with management and staff of the provider. It may also
include interviews with students and other clients of the provider and
observations of teaching.
12. Maximum number of students
12.1 As part of the
registration approval process, the designated authority will decide whether to approve
the maximum number of students that a provider can enrol. In making this decision,
the designated authority will consider the capacity of the provider in terms of
its premises, approved arrangements with other providers, facilities,
resources, equipment, materials and ratio of staff to student numbers.
Introduction
The standards for registered
providers set out the obligations on registered providers in delivering
education and training to overseas students. These
standards detail the specific requirements registered providers must meet to
comply with their obligations. These obligations need to be met at the point of
CRICOS registration and throughout the CRICOS registration period. Obligations
and requirements that relate specifically to the registration process for
CRICOS purposes are covered under Part C.
Compliance with the National
Code by registered providers is assessed at the point of registration.
Compliance of registered providers, other than registered self-accrediting
providers, is assessed during the period of registration by either the
designated authority or DEST – see Part B for a description of the respective
roles of the state and territory governments (through the designated authority)
and the Australian Government (through DEST).
Compliance with the National
Code by registered providers which are self-accrediting, is assessed through an
annual declaration of conformity with the National Code and, once every five
years, an independent external audit report. The designated authority or DEST
may still undertake compliance visits to registered self-accrediting providers
in the event that the designated authority or DEST deem this necessary.
Requirements for registered self-accrediting providers
Registered self-accrediting
providers must undertake an independent external audit once every five years
which must assess its compliance with the National Code and include a full
inspection of the premises. The results of this audit are to be provided to the
designated authority. Registered self-accrediting providers are also required
to provide a declaration of conformity to the designated authority annually that
contains the following:
·
unique identification of the declaration of conformity
·
the name and contact address of the registered provider
·
the CRICOS number of the registered provider
·
a statement that the registered provider conforms with the National
Code
·
the date of the declaration of conformity
·
the signature of the principal executive officer
·
reference to the existence of any associated supporting
documentation, and
·
a report on the implementation of any corrective and preventative
actions identified as being necessary.
(Standards 1 to 4)
Students and
their parents are often first exposed to the Australian education system
through providers’ marketing information. It is important that this information
is of a high standard, clear and unambiguous, so that intending students and
their parents can make informed decisions about their preferred provider and
course. The marketing practices of registered providers must uphold the
reputation of Australian international education and training and be undertaken
in a professional manner (Standard 1).
The recruitment of students follows
general marketing and is the first step in establishing a formal relationship
between the student and the registered provider. It is important that the
recruitment is ethical and upholds the integrity of Australian education and
training. Intending students need to be able to access information about the
course, fees, facilities, services and resources offered by the registered
provider prior to enrolment in order to make informed choices about their
education options. At this point, the registered provider also needs to be satisfied
that the student’s English language proficiency, qualifications and experience
are appropriate for the course (Standard 2).
The final step involves the
formalisation of the enrolment whereby a written agreement is entered into by the
registered provider and student (or parent or legal guardian if the student is
under 18 years of age). This agreement aims to ensure the obligations and
rights of both the registered provider and student are clearly set out,
including the course money payable and services to be provided (Standard 3).
Education agents are often the
first point of contact between the industry and intending students and their
parents. Their activities and ethics are important to Australia’s reputation as
a desirable destination for students, and registered providers have an interest
in ensuring education agents act ethically and appropriately (Standard 4).
Registered providers may receive
students from education agents acting on behalf of the student or from
education agents who are formally engaged by the registered provider to recruit
students. Under the National Code, registered providers are only required to
have written agreements with education agents who are formally engaged by the registered
provider to recruit students on its behalf. It is expected that registered
providers will formally engage education agents where there is an ongoing or
significant relationship.
Standard 1 – Marketing information and practices
Outcome of Standard 1
Registered providers ensure
that marketing of their education and training services is professional, accurate
and maintains the integrity and reputation of the industry.
1.1
The registered provider must ensure the marketing of its education and
training services is undertaken in a professional manner and maintains the
integrity and reputation of the industry and registered providers.
1.2
The registered provider must:
a.
clearly identify the registered provider’s name and CRICOS number in
written marketing and other material for students, including electronic form,
and
b.
not give false or misleading information or advice in relation to:
i.
claims of association between providers
ii.
the employment outcomes associated with a course
iii.
automatic acceptance into another course
iv.
possible migration outcomes, or
v.
any other claims relating to the registered
provider, its course or outcomes associated with the course.
1.3 The registered provider must
not actively recruit a student where this clearly conflicts with its obligations
under Standard 7 (Transfer between registered providers).
Standard 2
– Student engagement before enrolment
Outcome of Standard 2
Registered providers recruit
students in an ethical and responsible manner and provide information that
enables students to make informed decisions about studying with the registered provider
in Australia. Registered providers ensure students’
qualifications, experience and English language proficiency are appropriate for
the course for which enrolment is sought.
2.1 Prior to accepting a student,
or an intending student, for enrolment in a course, the registered provider
must provide, in print or through referral to an electronic copy, current and
accurate information regarding the following:
a.
the requirements for acceptance into a course, including the minimum
level of English language proficiency, educational qualifications or work
experience required and whether course credit may be applicable
b.
the course content and duration, qualification offered if applicable,
modes of study and assessment methods
c.
campus locations and a general description of facilities, equipment, and
learning and library resources available to students
d.
details of any arrangements with another registered provider, person or
business to provide the course or part of the course
e.
indicative course-related fees including advice on the potential for
fees to change during the student’s course and applicable refund policies
f.
information about the grounds on which the student’s enrolment may be
deferred, suspended or cancelled
g.
a description of the ESOS framework made available electronically by
DEST, and
h.
relevant information on living in Australia, including:
i.
indicative costs of living
ii.
accommodation options, and
iii.
where relevant, schooling obligations and options for school-aged
dependants of intending students, including that school fees may be incurred.
2.2 The
registered provider must have documented procedures in place, and implement
these procedures to assess whether the student’s qualifications, experience and
English language proficiency are appropriate for the course for which enrolment
is sought.
Standard 3 – Formalisation of enrolment
Outcome of Standard 3
Written agreements between
registered providers and students set out the services to be provided, fees
payable and information in relation to refunds of course money.
3.1 The registered provider must
enter into a written agreement with the student, signed or otherwise accepted by
that student (or the student’s parent or legal guardian if the student is under
18 years of age), concurrently with or prior to accepting course money from the
student. The agreement must:
a.
identify the course or courses in which the student is to be enrolled
and any conditions on his or her enrolment
b.
provide an itemised list of course money payable by the student
c.
provide information in relation to refunds of course money
d.
set out the circumstances in which personal information about the
student may be shared between the registered provider and the Australian
Government and designated authorities and, if relevant, the Tuition Assurance
Scheme and the ESOS Assurance Fund Manager. This information includes personal
and contact details, course enrolment details and changes, and the circumstance
of any suspected breach by the student of a student visa condition, and
e.
advise the student of his or her obligation to notify the registered provider
of a change of address while enrolled in the course.
3.2 The registered provider must
include in the written agreement the following information, which is to be
consistent with the requirements of the ESOS Act, in relation to refunds of
course money in the case of student and provider default:
a.
amounts that may or may not be repaid to the student (including any
course money collected by education agents on behalf of the registered provider)
b.
processes for claiming a refund
c.
a plain English explanation of what happens in the event of a course not
being delivered, and
d.
a statement that “This agreement, and the availability of complaints and
appeals processes, does not remove the right of the student to take action
under Australia’s consumer protection laws”.
Standard 4 – Education agents
Outcome of Standard 4
Registered providers take all
reasonable measures to use education agents that have an appropriate knowledge
and understanding of the Australian international education industry and do not
use education agents who are dishonest or lack integrity.
4.1 The registered provider must
enter into a written agreement with each education agent it engages to formally
represent it. The agreement must specify the responsibilities of the education agent
and the registered provider and the need to comply with the requirements in the
National Code. The agreement must also include:
a.
processes for monitoring the activities of the education agent, including
where corrective action may be required, and
b.
termination conditions, including providing for termination in the
circumstances outlined in Standard 4.4.
4.2 The registered provider must
ensure that its education agents have access to up-to-date and accurate
marketing information as set out in Standard 1 (Marketing information and
practices).
4.3 The
registered provider must not accept students from an education agent or enter
into an agreement with an education agent if it knows or reasonably suspects the
education agent to be:
a.
engaged in, or to have previously been engaged in, dishonest practices,
including the deliberate attempt to recruit a student where this clearly
conflicts with the obligations of registered providers under Standard 7
(Transfer between registered providers).
b.
facilitating the enrolment of a student who the education agent believes
will not comply with the conditions of his or her student visa
c.
using Provider Registration and International Students Management System
(PRISMS) to create Confirmations of Enrolment for other than bona fide a student,
or
d.
providing immigration advice where not authorised under the Migration
Act 1958 to do so.
4.4 Where the registered provider
has entered into an agreement with an education agent and subsequently becomes
aware of, or reasonably suspects, the engagement by that education agent, or an
employee or sub-contractor of that agent, of the conduct set out in Standard
4.3, the registered provider must terminate the agreement with the education agent.
This paragraph does not apply where an individual employee or sub-contractor of
the education agent was responsible for the conduct set out in Standard 4.3 and
the education agent has terminated the relationship with that individual
employee or sub-contractor.
4.5 The registered provider must
take immediate corrective and preventative action upon the registered provider
becoming aware of an education agent being negligent, careless or incompetent
or being engaged in false, misleading or unethical advertising and recruitment
practices, including practices that could harm the integrity of Australian
education and training.
(Standards 5 to 6)
Before a student
visa can be granted to a student under 18 years of age, the Australian
Government must be satisfied that there are appropriate accommodation, support
and general welfare arrangements in place for the period that the student will
be under 18 while in Australia. Where the registered provider agrees to
take on responsibility for approving these arrangements, the registered
provider must nominate the period for which it takes on the responsibility
under Standard 5. The period nominated is to include sufficient time after the
enrolment period for the student to arrange to leave Australia, or make other
appropriate arrangements (Standard 5).
The support services and
orientation programmes provided to all students help them to adjust to study in
Australia and improve the quality of their educational experience. Registered
providers have important responsibilities to provide access to support services
and support staff to meet the needs of the students enrolled in their courses.
Critical incident policies ensure
the interests of students and their families are managed appropriately. Such
policies also ensure registered providers are prepared for such incidents and
have a clear protocol to follow in what can be distressing and upsetting
circumstances (Standard 6).
Standard 5 – Younger students
Outcome of Standard 5
Where students under the age
of 18 are not being cared for in Australia by a parent or suitable nominated
relative, registered providers ensure the arrangements made to protect the
personal safety and social well-being of those students are appropriate.
5.1
Where the registered provider has taken on
responsibility under the Migration Regulations for approving the accommodation,
support and general welfare arrangements for a student who has not turned
18, the registered provider must:
a.
nominate the dates for which the registered provider accepts
responsibility for approving the student’s accommodation, support and general
welfare arrangements using the DIAC pro forma letter available through PRISMS
b.
advise DIAC in writing of the approval using the DIAC pro forma letter
available through PRISMS
c.
have documented procedures for checking the suitability of the student’s
accommodation, support and general welfare arrangements, and
d.
advise DIAC as soon as possible in the event that the under 18 year old
student has changed his or her living arrangements or the registered provider no
longer approves of the arrangements for the student using the DIAC pro forma
letter available through PRISMS.
5.2 Where Standard 5.1 applies and
the student is under 18 with a student visa that covers multiple courses, the
registered provider with whom the student is currently enrolled is responsible
for approving arrangements for the student’s accommodation, support and general
welfare during that nominated period.
5.3 Where Standard 5.1 applies and the
registered provider suspends or cancels the enrolment of the student, the
registered provider must continue to check the suitability of arrangements for
that student until:
a. the student is accepted by
another registered provider and that registered provider takes over
responsibility for approving the student’s accommodation, support and general
welfare arrangements
b. the student leaves Australia
c. other suitable arrangements are
made that satisfy the Migration Regulations, or
d. the registered provider reports
under Standard 5.1.d that it can no longer approve of the arrangements for the student.
Standard 6 – Student support services
Outcome of Standard 6
Registered providers support
students to adjust to study and life in Australia, to achieve
their learning goals and to achieve satisfactory progress towards meeting the
learning outcomes of the course.
6.1 The registered provider must
assist students to adjust to study and life in Australia, including through the
provision of an age and culturally appropriate orientation programme that includes
information about:
a.
student support services available to students in the transition to life
and study in a new environment
b.
legal services
c.
emergency and health services
d.
facilities and resources
e.
complaints and appeals processes, and
f.
any student visa condition relating to course progress and/or attendance
as appropriate.
6.2 The registered provider must
provide the opportunity for students to participate in services or provide
access to services designed to assist students in meeting course requirements
and maintaining their attendance.
6.3 The
registered provider must provide the opportunity for students to access
welfare-related support services to assist with issues that may arise during their
study, including course progress and attendance requirements and accommodation
issues. These services must be provided at no additional cost to the student. If
the registered provider refers the student to external support services, the registered
provider must not charge for the referral.
6.4 The registered provider must
have a documented critical incident policy together with procedures that covers
the action to be taken in the event of a critical incident, required follow-up
to the incident, and records of the incident and action taken.
6.5 The registered provider must
designate a member of staff or members of staff to be the official point of
contact for students. The student contact officer or officers must have access
to up-to-date details of the registered provider’s support services.
6.6 The registered provider must
have sufficient student support personnel to meet the needs of the students
enrolled with the registered provider.
6.7 The registered provider must
ensure that its staff members who interact directly with students are aware of
the registered provider’s obligations under the ESOS framework and the
potential implications for students arising from the exercise of these
obligations.
Students as consumers
(Standards 7 to 8)
Registered providers are
restricted from enrolling transferring students prior to the student completing
six months of his or her principal course of study except for the circumstances
outlined below. Registered providers, from whom the student is seeking to
transfer, are responsible for assessing the student’s request to transfer
within this restricted period. It is expected that the student’s request will
be granted where the transfer will not be to the detriment of the student (Standard
7).
The National Code recognises
that both internal and external complaint and appeals processes play a role in
ensuring that grievances are appropriately heard and addressed for both the
student and the registered provider. These processes will enable students to
firstly seek recourse using the registered provider’s internal processes, and
then if needed, through an independent, external person or body.
The complaints and appeals
requirements stipulated in Standard 8 may be satisfied by the processes
established by the registered provider to satisfy other regulatory
requirements. As the student’s stay in Australia is subject to the period of his
or her student visa, the timeliness of decision making is a consideration in
the development of appropriate complaints and appeals policies, procedures and
practices (Standard 8).
Standard 7 – Transfer between registered providers
Outcome of Standard 7
Registered providers assess
requests from students for a transfer between registered providers prior to the
student completing six months of the principal course of study in
accordance with their documented procedures.
7.1 The receiving registered
provider must not knowingly enrol the student wishing to transfer from another
registered provider’s course prior to the student completing six months of his
or her principal course of study except where:
a.
the original registered provider has ceased to be registered or the
course in which the student is enrolled has ceased to be registered
b.
the original registered provider has provided a written letter of
release
c.
the original registered provider has had a sanction imposed on its
registration by the Australian Government or state or territory government that
prevents the student from continuing his or her principal course, or
d.
any government sponsor of the student considers the change to be in the
student’s best interest and has provided written support for that change.
7.2 The registered provider must
have and implement its documented student transfer request assessment policy
and procedure, which is available to staff and students. The policy must
specify:
a. the circumstances in which a transfer will be
granted
b. the circumstances the
registered provider considers as providing reasonable grounds for refusing the
student’s request, including when a transfer can be considered detrimental to
the student, and
c. a reasonable timeframe for
assessing and replying to the student’s transfer request having regard to the
restricted period.
7.3 The registered provider must
grant a letter of release only where the student has:
a.
provided a letter from another registered provider confirming that a
valid enrolment offer has been made, and
b.
where the student is under 18;
i.
the registered provider has written confirmation that the student’s
parent or legal guardian supports the transfer, and
ii.
where the student is not being cared for in Australia by a parent or
suitable nominated relative, the valid enrolment offer also confirms that the
registered provider will accept that responsibility for approving the student’s
accommodation, support and general welfare arrangements as per Standard 5
(Younger students).
7.4 A letter of release, if
granted, must be issued at no cost to the student and must advise the student
of the need to contact DIAC to seek advice on whether a new student visa is
required.
7.5 Where the registered provider
does not grant a letter of release, the student must be provided with written
reasons for refusing the request and must be informed of his or her right to
appeal the registered provider’s decision in accordance with Standard 8
(Complaints and appeals).
7.6 The registered provider must
maintain records of all requests from students for a letter of release and the
assessment of, and decision regarding, the request on the student’s file.
Standard 8
– Complaints and appeals
Outcome of Standard 8
Registered providers’
complaints and appeals processes are independent, easily and immediately
accessible and inexpensive for the parties involved.
8.1 The
registered provider must have an appropriate internal complaints handling and
appeals process that satisfies the following requirements, or can use its
existing internal complaints and appeals processes as long as it meets these
requirements:
a.
a process is in place for lodging a formal complaint or appeal if the
matter cannot be resolved informally, which requires a written record of the
complaint or appeal to be kept
b.
each complainant or appellant has an opportunity to formally present his
or her case at minimal or no cost to him or herself
c.
each party may be accompanied and assisted by a support person at any
relevant meetings
d.
the complainant or appellant is given a written statement of the
outcome, including details of the reasons for the outcome, and
e.
the process commences within 10 working days of the formal lodgement of
the complaint or appeal and supporting information and all reasonable measures
are taken to finalise the process as soon as practicable.
8.2 The registered provider must
have arrangements in place for a person or body independent of and external to the
registered provider to hear complaints or appeals arising from the registered provider’s
internal complaints and appeals process or refer students to an existing body
where that body is appropriate for the complaint or appeal.
8.3 If the student is not satisfied
with the result or conduct of the internal complaint handling and appeals
process, the registered provider must advise the student of his or her right to
access the external appeals process at minimal or no cost.
8.4 If the student chooses to access the registered provider’s
complaints and appeals processes as per this standard, the registered provider
must maintain the student’s enrolment while the complaints and appeals process
is ongoing.
8.5 If the internal or any external
complaint handling or appeal process results in a decision that supports the
student, the registered provider must immediately implement any decision and/or
corrective and preventative action required and advise the student of the
outcome.
(Standards 9 to 13)
The National
Code supports the integrity of the Australian Government’s migration laws by
requiring students to complete their course within its expected duration. This
duration is to be based on the normal time required to complete the course. The
normal duration of a course may be established by the appropriate quality
assurance framework for that sector (e.g. the Australian Qualifications
Framework, relevant state and territory government legislation or guidelines).
This approach offers registered providers and students some flexibility to vary
the enrolment load to suit the student’s needs and course requirements. However,
it also recognises that students may not always be able to complete the course
within the expected duration of study and provides for extensions in a limited
range of circumstances (Standard 9).
It is also
the intention of the Australian Government student visa programme for students to
genuinely attempt to achieve their desired educational outcomes within the
duration of their student visa. Student visas include a condition that requires
the student to progress satisfactorily. Students must attend their classes.
Registered providers monitor the
progress of students and their attendance where applicable. This monitoring enables
students at risk of not progressing, or participating, where applicable, to be
identified and offered support so that they are assisted to achieve their
educational goals (Standard 10 and 11).
Registered providers that offer vocational
education and training courses are able to monitor course progress only under
Standard 11, if the registered provider adopts the DEST and DIAC approved
course progress policy. This option recognises the increasingly dual sector
nature of higher education and vocational education and training registered
providers.
Course
credit may be granted to students who are able to demonstrate appropriate prior
learning or experience. In the interests of ensuring students are fully
informed, registered providers are to give students a copy of the course credit
for their records. Where course credit is granted, the duration in which the
student is expected to complete the course must reflect any consequent reduction
in the period of study (Standard 12).
Students
may, through formal agreement with their registered provider, be given
permission to defer commencement, take a leave of absence or temporarily
suspend their studies during the course. Such absences, however, may affect the
student’s visa status. The registered provider may also seek to cancel the
student’s enrolment (Standard 13).
Standard 9 – Completion within the expected duration of study
Outcome of Standard 9
Registered providers monitor the enrolment load of
students to ensure they complete the course within the duration specified in their
CoE and do not exceed the allowable portion of online or distance learning. Registered
providers only enable students to extend the expected duration of study for the
course through the issuing of a new CoE in limited circumstances.
9.1
The registered provider must have and implement documented policies and
procedures for monitoring the progress of each student to ensure that at all
times the student is in a position to complete the course within the expected duration
as specified on the student’s CoE. In monitoring this enrolment load, the
registered provider must ensure that in each compulsory study period for a
course, the student is studying at least one unit that is not by distance or
online learning.
9.2
The registered provider may only extend the duration of the student’s
study where it is clear that the student will not complete the course within
the expected duration, as specified on the student’s CoE, as the result of:
a. compassionate or compelling
circumstances (e.g. illness where a medical certificate states that the student
was unable to attend classes or where the registered provider was unable to
offer a pre-requisite unit)
b. the registered provider
implementing its intervention strategy for students who were at risk of not
meeting satisfactory course progress, or
c. an
approved deferment or suspension of study has been granted under Standard 13.
9.3
Where there is a variation in the student’s enrolment load which may
affect the student’s expected duration of study in accordance with 9.2, the
registered provider is to record this variation and the reasons for it on the
student file. The registered provider must correctly report the student via
PRISMS and/or issue a new CoE when the student can only account for the
variation/s by extending his or her expected duration of study.
9.4
The registered provider may allow the student to undertake no more than
25 per cent of the student’s total course by distance and/or online learning.
However, the registered provider must not enrol the student exclusively in
distance or online learning units in any compulsory study period.
9.5
Except in the circumstances specified in 9.2, the expected duration of
study specified in the student’s CoE must not exceed the CRICOS registered
course duration.
Standard 10 – Monitoring course progress
Outcome of Standard 10
Registered providers
systematically monitor students’ course progress. Registered providers are
proactive in notifying and counselling students who are at risk of failing to
meet course progress requirements. Registered providers report students, under
section 19 of the ESOS Act, who have breached the course progress requirements.
10.1 The registered provider must
monitor, record and assess the course progress of each student for each unit of
the course for which the student is enrolled in accordance with the registered provider’s
documented course progress policies and procedures.
10.2 The registered provider must
have and implement appropriate documented course progress policies and
procedures for each course, which must be provided to staff and students, that
specify the:
a.
requirements for achieving satisfactory course progress
b.
process for assessing satisfactory course progress
c.
procedure for intervention for students at risk of failing to achieve
satisfactory course progress
d.
process for determining the point at which the student has failed to
meet satisfactory course progress, and
e.
procedure for notifying students that they have failed to meet
satisfactory course progress requirements.
10.3 The registered provider must
assess the course progress of the student in accordance with the registered
provider’s course progress policies and procedures at the end point of every
study period.
10.4 The registered provider must
have a documented intervention strategy, which must be made available to staff
and students, that specifies the procedures for identifying and assisting
students at risk of not meeting the course progress requirements. The strategy
must specify:
a.
procedures for contacting and counselling identified students
b.
strategies to assist identified students to achieve satisfactory course
progress, and
c.
the process by which the intervention strategy is activated.
10.5 The registered provider must
implement the intervention strategy for any student who is at risk of not
meeting satisfactory course progress requirements. At a minimum, the
intervention strategy must be activated where the student has failed or is
deemed not yet competent in 50% or more of the units attempted in any study
period.
10.6 Where the registered
provider has assessed the student as not achieving satisfactory course progress,
the registered provider must notify the student in writing of its intention
to report the student for not achieving satisfactory course progress. The
written notice must inform the student that he or she is able to access the
registered provider’s complaints and appeals process as per Standard 8
(Complaints and appeals) and that the student has 20 working days in which to
do so.
10.7 Where the
student has chosen not to access the complaints and appeals processes within
the 20 working day period, withdraws from the process, or the process is
completed and results in a decision supporting the registered provider, the
registered provider must notify the Secretary of DEST through PRISMS of the
student not achieving satisfactory course progress as soon as practicable.
Standard 11 – Monitoring attendance
Outcome of Standard 11
Registered providers
systematically monitor students’ compliance with student visa conditions relating
to attendance. Registered providers are proactive in notifying and counselling
students who are at risk of failing to meet attendance requirements. Registered
providers report students, under section 19 of the ESOS Act, who have breached
the attendance requirements.
11.1 The registered provider must record
the attendance of each student for the scheduled course contact hours for each CRICOS
registered course in which the student is enrolled which is:
a. an accredited vocational
education and training course (unless Standard 11.2 applies)
b. an accredited school
course
c. an accredited or
non-award ELICOS course, or
d. another non-award
course.
11.2 Where the registered provider
implements the DEST and DIAC approved course progress policy and procedures for
its vocational education and training courses, Standard 11 does not apply.
11.3 For the courses identified in
11.1, the registered provider must have and implement appropriate documented
attendance policies and procedures for each course which must be provided to
staff and students that specify the:
a.
requirements for achieving satisfactory attendance, which at a minimum,
requires overseas students to attend at least 80 per cent of the scheduled
course contact hours
b.
manner in which attendance and absences are recorded and calculated
c.
process for assessing satisfactory attendance
d.
process for determining the point at which the student has failed to
meet satisfactory attendance, and
e.
procedure for notifying students that they have failed to meet satisfactory
attendance requirements.
11.4 For the courses identified in
11.1, the registered provider’s attendance policies and procedures must
identify the process for contacting and counselling students who have been
absent for more than five consecutive days without approval or where the
student is at risk of not attending for at least 80 per cent of the scheduled
course contact hours for the course in which he or she is enrolled (i.e. before
the student’s attendance drops below 80 per cent).
11.5 For the courses identified in
11.1, the registered provider must regularly assess the attendance of the student
in accordance with the registered provider’s attendance policies and
procedures.
11.6 Where the registered provider
has assessed the student as not achieving satisfactory attendance for the courses
identified in 11.1, the registered provider must notify the student in writing
of its intention to report the student for not achieving satisfactory
attendance. The written notice must inform the student that he or she is able
to access the registered provider’s complaints and appeals process as per
Standard 8 (Complaints and appeals) and that the student has 20 working days in
which to do so.
11.7 Where the student has chosen not
to access the complaints and appeals processes within the 20 working day
period, withdraws from the process, or the process is completed and results in
a decision supporting the registered provider, the registered provider must
notify the Secretary of DEST through PRISMS that the student is not achieving
satisfactory attendance as soon as practicable.
11.8 For the vocational education and
training and non-award courses identified in 11.1.a and 11.1.d, the registered
provider may only decide not to report the student for breaching the 80 per
cent attendance requirement where:
a.
that decision is consistent with its documented attendance policies and
procedures, and
b.
the student records clearly indicate that the student is maintaining
satisfactory course progress, and
c.
the registered provider confirms that the student is attending at least
70 per cent of the scheduled course contact hours for the course in which he or
she is enrolled.
11.9
For the ELICOS and school courses identified in 11.1, the registered
provider may only decide not to report a student for breaching the 80 per cent
attendance requirement where:
a.
the student produces documentary evidence clearly demonstrating that
compassionate or compelling circumstances (e.g. illness where a medical
certificate states that the student is unable to attend classes) apply, and
b.
that decision is consistent with its documented attendance policies and
procedures, and
c.
the registered provider confirms that the student is attending at least
70 per cent of the scheduled course contact hours for the course in which he or
she is enrolled.
Standard 12
– Course credit
Outcome of Standard 12
Registered providers
appropriately recognise course credit within the ESOS framework.
12.1 Where the registered provider
grants course credit, the registered provider must:
a.
have documented procedures for the granting and recording of course
credit, and
b.
provide a record of the course credit to the student, which must be
signed or otherwise accepted by the student, and place it on the student’s
file.
12.2 If the registered provider
grants the student course credit which leads to a shortening of the student’s
course, the registered provider must:
a.
if the course credit is granted before the student visa grant, indicate
the actual net course duration (as reduced by course credit) in the
confirmation of enrolment issued for that student for that course, or
b.
if the course credit is granted after the student visa
grant, report the change of course duration via PRISMS under section 19 of
the ESOS Act.
Standard 13
– Deferring, suspending or cancelling the student’s enrolment
Outcome of Standard 13
Registered providers may only
enable students to defer or temporarily suspend their studies, including
granting a leave of absence, during the course through formal agreement in certain
limited circumstances.
13.1 The registered provider must
have in place documented procedures for assessing, approving and recording a
deferment of the commencement of study or suspension of study for the student,
including keeping documentary evidence on the student’s file of the assessment
of the application.
13.2 The registered provider can only
defer or temporarily suspend the enrolment of the student on the grounds of:
a.
compassionate or compelling circumstances (e.g. illness where a medical
certificate states that the student is unable to attend classes), or
b.
misbehaviour by the student.
13.3 The registered provider must:
a. inform the student that
deferring, suspending or cancelling his or her enrolment may affect his or her student
visa, and
b. notify the Secretary of DEST via
PRISMS as required under section 19 of the ESOS Act where the student’s
enrolment is deferred, temporarily suspended or cancelled.
13.4 The
registered provider must inform the student of its intention to suspend or
cancel the student’s enrolment where the suspension or cancellation is not
initiated by the student and notify the student that he or she has 20 working
days to access the registered provider’s internal complaints and appeals
process as per Standard 8.1. If the student accesses the registered provider’s
internal complaints and appeals process, the suspension or cancellation of the
student’s enrolment under this standard can not take effect until the internal process
is completed, unless extenuating circumstances relating to the welfare of the
student apply.
Staff, educational resources and premises
(Standards 14 to 15)
Students are to be given every
opportunity to achieve their educational objectives while in Australia. The
staff of registered providers need to be suitably qualified or experienced and
appropriate educational resources are to be made available. The premises
of registered providers, including the nature of the tenure of the registered provider’s
occupancy of the premises, will also be appropriate for the courses provided to
students (Standard 14).
Registered providers are
required to advise the designated authority where there is a change to the
registered provider’s ownership or management. If changes during the period of
registration affect the legal entity of the registered provider, the new owner
or entity must seek a new CRICOS registration. In these situations the
designated authority is to be notified as soon as possible prior to the change
taking place. Where the change of ownership does not result in a new legal
entity, any new owners or managers will be subject to the ‘fit and proper
person’ test required under section 9(6) of the ESOS Act (Standard 15).
Standard 14
– Staff capability, educational resources and premises
Outcome of Standard 14
The staff of registered
providers are suitably qualified or experienced in relation to the functions
they perform for students. The educational resources of registered
providers support the delivery of courses to students. The premises of
registered providers, including the floor space available for each student,
support students to achieve their course outcomes.
14.1 The registered provider must
have and implement policies and procedures to ensure its staffing resources are
adequate and have the capabilities as required by the quality assurance
framework applying to the course. Where the course provided by the registered
provider is not subject to an appropriate quality assurance framework, the
registered provider must have and implement appropriate documented policies and
processes for the recruitment, induction, performance assessment and ongoing
development of members of staff involved with the recruitment or delivery of
education or client services to students.
14.2 The registered provider must have
adequate education resources, including facilities, equipment, learning and
library resources and premises as required by the quality assurance framework applying
to the course. Where the course provided by the registered provider is not
subject to an appropriate quality assurance framework, the registered provider
must ensure it has adequate education resources, including facilities,
equipment, learning and library resources, and premises, including ownership or
tenancy arrangements for the premises, as are needed to deliver the registered
course to the students enrolled with the registered provider.
14.3 The registered provider must
notify the designated authority and the students enrolled with the registered provider
of any intention to relocate premises (including the head office and campus
locations) at least 20 working days before the relocation.
Standard 15 – Changes to registered providers’ ownership or
management
Outcome of Standard 15
Registered providers
proactively inform the designated authority of prospective ownership and/or
management changes.
15.1 The
registered provider must advise the designated authority in writing of:
a. any prospective changes to the
ownership of the registered provider as soon as practicable prior to the change
taking effect, and
b. any prospective or actual change
to the high managerial agents (as defined in section 5 of the ESOS Act) of the registered
provider as soon as practicable prior to the change taking effect or within 10
working days of the change taking effect where the change cannot be determined
until it takes effect.
15.2 The registered provider must
provide the designated authority with information on the new owner or high
managerial agent for the purpose of making an assessment under section 9(6) of
the ESOS Act.
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Accrediting authority
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Refers to the organisation designated by or under legislation
of the Australian Government or appropriate state or territory government to
accredit persons or organisations to offer education or training services to
Australian students.
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Campus
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An education facility or site of the registered provider
where classroom-based teaching or off the job training occurs.
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Compulsory study period
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A compulsory study period is one in which the student
must enrol unless granted a deferment or suspension from enrolment or leave
of absence under Standard 13 (Deferring, suspending or cancelling the
student’s enrolment). A compulsory study period does not include periods in
which the student can elect to undertake additional studies. See also ‘Study
period’.
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Confirmation of Enrolment (CoE)
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A document, provided electronically, which is issued
by the registered provider to intending overseas students and which must
accompany their application for a student visa. It confirms the overseas
student’s eligibility to enrol in the particular course of the registered
provider.
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Corrective action
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Action to eliminate the cause of a detected
nonconformity or other undesirable situation.
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Course
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A course of education or training as defined in the
ESOS Act.
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Course-related fees
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Includes:
- all course
money as defined by section 7 of the ESOS Act, and
- all
optional fees or charges.
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Course credit
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Exemption from enrolment in a particular part of the
course as a result of previous study, experience or recognition of a
competency currently held. Includes academic credit and recognition of prior
learning.
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Course money
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As defined by section 7 of the ESOS Act, means money a
provider receives, directly or indirectly, from:
- an overseas
student or intending overseas student, or
- another
person who pays the money on behalf of an overseas student or intending
overseas student,
for a course that the provider is providing, or
offering to provide, to the overseas student. This includes tuition fees, any
amount received by the provider for overseas student health cover, and any
other amount that the student had to pay to the provider in order to
undertake the course.
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Course progress
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The measure of advancement within a course towards the
completion of that course irrespective of whether course completion is
identified through academic merit or skill based competencies.
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CRICOS
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The Commonwealth Register of Institutions and Courses
for Overseas Students (CRICOS) is the register prescribed under section 10 of
the ESOS Act.
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Critical incident
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A traumatic event, or the threat of such (within or
outside Australia), which causes extreme stress, fear or injury.
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Designated authority
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As defined by section 5 of the ESOS Act, means a
person responsible under the law of a state for approving providers to
provide courses to overseas students in that state.
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Distance learning
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Study in which the teacher and overseas student are
separated in time or space throughout the duration of the unit of study
(including online learning), but does not include study where the student is
resident in his or her home country or another country offshore and does not
hold a student visa. Distance learning differs from online learning in that
the study may be undertaken through written correspondence and exchange of
hard copy materials.
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Domestic student
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Refers to all students who are not overseas students
as defined in the National Code.
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Education agent
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A person or organisation (in or outside Australia) who
recruits overseas students and refers them to education providers. In doing
so, the education agent may provide education counselling to overseas
students as well as marketing and promotion services to education providers.
Education agent does not refer to an education
institution with whom an Australian provider has an agreement for the
provision of education (that is teaching activities).
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Enrolment
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Where the student has been issued with a CoE to
confirm acceptance by the registered provider and is occupying a place in the
CRICOS registered course for which the student was accepted and is progressing
towards the completion of the course requirements. The period of enrolment
includes scheduled breaks between study periods.
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ESOS framework
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Principally comprises the Education Services for
Overseas Students Act 2000 (ESOS Act), the Education Services for
Overseas Students Regulations 2000 (the ESOS Regulations), the Education
Services for Overseas Students (Registration Charges) Act 1997 (the ESOS
Charges Act) and the National Code.
The ESOS framework is supported by the Migration
Act 1958 and the Migration Regulations 1994 and various state and
territory legislation relevant to the education of overseas students.
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Information
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Includes electronic and paper-based formats.
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Marketing
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Promotion of the provider and its courses and
facilities to prospective overseas students and their parents or guardians,
education agents, international organisations and other interested parties
such as alumni.
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Migration agent
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A person registered as a migration agent as per
section 286 of the Migration Act 1958.
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Mixed mode
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See mode of study
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Mode of study
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Includes attendance face-to-face in a classroom,
supervised study on the registered provider’s campus, distance learning,
online learning and work-based learning. Mixed mode refers to a combination
of two or more of these modes.
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Online learning
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Study in which the teacher and overseas student
communicate mainly through electronic technologies for the unit. For the purpose
of the National Code, permissible online learning does not include study
where the student is resident in his or her home country or another country,
does not hold a student visa and is undertaking a unit of study with a
registered provider which is located in Australia.
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Overseas student
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A person (whether within or outside Australia) who
holds a student visa as defined by the ESOS Act, but does not include
students of a kind prescribed in the ESOS Regulations.
Where the student is under 18 years of age and the
student is required to exercise rights or enter obligations as a legal
person, this term may refer to the student’s parent or legal guardian.
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Preventative action
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Action to eliminate the cause of a possible nonconformity
or otherwise undesirable potential situation.
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Principal course of study
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The principal course of study refers to the main
course of study to be undertaken by an overseas student where a student visa
has been issued for multiple courses of study. The principal course of study
would normally be the final course of study where the overseas student
arrives in Australia with a student visa that covers multiple courses.
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PRISMS
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The Provider Registration and International Student
Management System (PRISMS) is the system used to process information given to
the Secretary of DEST by registered providers.
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Provider
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An institution or other body or person in Australia
that provides or seeks to provide CRICOS registered courses to overseas
students as defined by the ESOS Act.
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Provider default
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Where the registered provider fails to provide a
course or ceases to provide a course to an overseas student in accordance
with section 27(1) of the ESOS Act.
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Recruitment
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The pre-enrolment processes of engaging and assisting
overseas students (or parent or guardian if the overseas student is under 18)
to apply for a place in a course with a provider leading up to the formal
enrolment, including assistance with administrative issues and the issuing of
a Confirmation of Enrolment for an application for a student visa.
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Registered provider
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As defined in section 5 of the ESOS Act, the registered
provider for a course for a state, means an approved provider that is registered
on CRICOS as a provider for the course for the state.
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Registration
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The process whereby a provider is recommended by a
designated authority for registration under the ESOS Act to provide a
specified course in that state to overseas students; and the provider is
registered by the Secretary of DEST on CRICOS.
Registration includes re-registration.
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Scheduled course contact hours
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The hours for which students enrolled in the course
are scheduled to attend classes, course-related information sessions,
supervised study sessions, mandatory and supervised work-based training and
examinations.
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Self-accrediting provider
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Self-accrediting institutions are established by or
under relevant Australian Government or state or territory government legislation
with the authority to accredit their own courses.
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State
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Includes the Australian Capital Territory and the Northern
Territory.
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Student
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Refers to an overseas student as
defined above in all cases except where otherwise explicitly stated.
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Student contact officer
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Employee(s) of the registered provider deemed to have
an appropriate level of skill, knowledge and expertise who is able to provide
advice to overseas students on a range of matters.
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Student default
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Where an overseas student does not start a course or
withdraws from a course as defined in section 27(2) of the ESOS Act.
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Student visa
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An authorisation permitting people who are not
Australian citizens or permanent residents to come to Australia for the
primary purpose of studying in Australia as defined by the Migration Act
1958.
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Study period
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A discrete period of study within a course, namely
term, semester, trimester, short course of similar or lesser duration, or as
otherwise defined by the registered provider as long as that period does not
exceed six months. See also ‘Compulsory study period’.
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Unit
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A discrete component of study within a course; the
term includes ‘subject’ and ‘module’.
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Welfare-related support services
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Services which address the mental, physical, social
and spiritual well-being of overseas students. These services may include,
through direct provision or referral, information/advice about:
accommodation, counselling, crisis services, disabilities and equity issues,
financial matters, legal issues, medical issues, mental health, peer
mentoring, programmes promoting social interaction, religious and spiritual
matters, and stress-management.
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Acronyms and abbreviations
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CoE
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Confirmation of Enrolment
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CRICOS
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Commonwealth Register of Institutions and Courses for
Overseas Students
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DEST
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Australian Government Department of Education, Science
and Training
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DIAC
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Australian Government Department of Immigration and Citizenship
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ELICOS
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English Language Intensive Courses
for Overseas Students
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ESOS Act
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Education Services for Overseas Students Act 2000
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ESOS Regulations
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Education Services for Overseas Students
Regulations 2001
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PRISMS
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Provider Registration and International Students
Management System
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