ESOS National Code Information for Overseas Students and Staff
The National Code 2018 commenced with legal effect from 1 January 2018, and from that date, all education providers must comply with the National Code to maintain their registration to provide education services to overseas students. Any breaches of the National Code by registered providers can result in actions being taken against them.
The purpose of the National Code is to set nationally consistent standards and procedures for registered providers and for persons who deliver education services on behalf of registered providers. The National Code supports the effective administration of the ESOS legislative framework by the Commonwealth and state and territory governments.
ESOS compliance is a University-wide responsibility, requiring commitment and effort on the part of each staff member. That is, all divisions/ units and faculties have a responsibility to comply with the requirements of the National Code when dealing with international students studying onshore.
In terms of specific responsibilities for compliance with the National Code, the PEO (Vice-Chancellor) together with Senior Executive Team and the International Directorate are ultimately responsible for compliance with the National Code and for ESOS compliance activities. Part of this delegation also includes the Student Success Division that have responsibilities for international students accepted for study including sending correspondence and maintaining appropriate records for students accepted for study.
National Code Part D: ESOS Standards
The National Code 2018 comprises of eleven (11) standards which complement the strong quality assurance frameworks used by government agencies to oversee the Australian education system. Further detail of the standards are set out below.
Standard 1 now includes direct reference to Australian Consumer Law.
It ensures registered providers are not presenting overseas students with false or misleading information about courses, or outcomes associated with those courses. This includes information in marketing material on the registered provider’s association with any other provider, work-based or work-integrated learning opportunities and pre-requisites including English language.
Standard 1 also prevents a registered provider from suggesting it can secure a migration or education assessment outcome for international students.
Policy:
Standard 2 ensures registered providers recruit responsibly by verifying overseas students are appropriately qualified for a course, including having the necessary English language proficiency, educational qualifications and/or work experience.
Under Standard 2, registered providers must give more information to overseas students about course content before they are enrolled. This includes information about compulsory online and work-related learning.
Registered providers also need to give overseas students information on the costs of living in Australia and accommodation options. Where the overseas student is under 18, providers must also give information on the process for approving welfare and accommodation arrangements for overseas students.
Policy:
Admission to Coursework Courses Policy and Procedure
English Language Proficiency Requirements Policy and Procedure
Student Refund and Credit Balance Policy and Procedure
Student Accommodation including International Students Under 18 Policy and Procedure
Articulation Policy and Procedure and Credit for Prior Learning in HE Policy and Procedure
Standard 3 gives registered providers and international students more detailed information about what should be in a written agreement. A written agreement may take any form, as long as it meets the requirements of the ESOS Act and the National Code 2018. Registered providers must include information in written agreements on:
- Course content, including compulsory online learning and work-related training
- Prerequisites necessary to enter the course or courses
- Conditions imposed on the student’s enrolment
- Tuition fees payable, the period which the tuition fees relate, and options for payment (including that an international student may choose to pay more than 50 per cent of their tuition fees before their course commences in accordance with the ESOS Act)
- Circumstances where an international student’s information will be shared.
Registered providers must only use electronic links in written agreements to provide supplementary materials. Registered providers will also need to keep records of the written agreements and payments that demonstrate an international student’s acceptance of the agreement.
Policy:
Standard 4 clarifies the requirements for a written agreement between the registered provider and education agents. Registered providers need to enter and maintain details of education agents with who they have a written agreement in PRISMS.
Written agreements must outline registered providers’ procedures for monitoring the agent and ensuring the agent has up to date information. Registered providers must ensure agents do not engage in false or misleading conduct, declare, and avoid conflicts of interest, observe appropriate levels of confidentiality and transparency in dealing with international students, and act honestly and in good faith. Agents must also have good knowledge of the international education system, including the Australian International Education and Training Agent Code of Ethics.
Registered providers will still need to take immediate action or terminate their relationship with an agent who engages in any unethical recruitment practices.
Standard 5 gives registered providers who enrol overseas students under the age of 18 must meet any Commonwealth, state or territory legislation, or other regulatory requirements relating to child welfare and protection appropriate to the jurisdiction(s) in which they operate.
It is a requirement for registered providers to give international students age and culturally appropriate information on who to contact in emergency situations and in seeking assistance in the case of actual or alleged abuse. This should be delivered in accordance with any state or territory requirements, particularly in a school context.
There are specific requirements for providers who take responsibility for a younger international student’s welfare. Where this is the case, it requires registered providers to regularly check that an international student’s accommodation is appropriate to the student’s age and physical needs. As best practice, it is expected that at least one initial physical check will be undertaken.
There must be a process to monitor any third parties engaged by the registered provider to organise and assess welfare and accommodation.
Registered providers will also need to ensure that adults involved in providing international student accommodation or welfare arrangements must have working with children clearances appropriate to the jurisdiction in which they operate.
If for some reason registered providers are no longer able to approve welfare arrangement, they must take all reasonable steps to immediately notify the international student’s parent or relative.
Registered providers will need to report to DHA through the PRISMS system if:
- The international student will be cared for by a parent or nominated relative approved by DHA and a Confirmation of Appropriate Accommodation and Welfare (CAAW) is no longer required
- The register provider is no longer able to approve an international student’s welfare arrangements.
If the registered provider enrols an international student under 18 who has welfare arrangements approved by another registered provider, it is the responsibility of the receiving registered provider to negotiate with the releasing provider to ensure there are no welfare gaps. This may mean the receiving provider may have to take on welfare earlier than anticipated or make alternative arrangements for the overseas student.
In accordance with DHA guidelines, overseas students under the age of 18 will only be considered by CQU if accommodation and welfare arrangements are deemed acceptable.
Policy:
Student Accommodation including International Students Under 18 Policy and Procedure
Standard 6 focuses on student support services. Registered providers must give overseas students information about support services to assist them in adjusting to study and life in Australia. Registered providers must provide information and access about services on their employment rights and conditions and how to resolve workplace issues, such as through the Fair Work Ombudsman. This information should be supplied as part of the orientation program and overseas students must be given information or a referral if they seek assistance from the registered provider.
Reasonable support services must be offered and available at no additional cost to overseas students to assist them to achieve expected learning outcomes, regardless of the study mode.
Documented policy and procedures to manage critical incidents that impact on overseas student undertaking or completing a course. This includes incidents that may cause physical or psychological harm.
As a registered provider it is required that all reasonable steps are in place to provide a safe environment on campus and advise overseas students and staff on actions they can take to enhance personal security and safety.
It is essential that general information is provided to overseas students about safety and awareness of life in Australia, and how to seek assistance for and report an incident that impacts on their wellbeing.
Policy:
First Year Orientation Policy and Procedure
Complaints Policy and Procedure
Academic Appeals Policy and Procedure
Standard 7 provides guidance for registered providers on when a transfer request should be granted. Registered providers are still required to have a policy for assessing student transfer requests before an overseas student completes six months of their principal course.
Overseas students are restricted from transferring until they have completed six months of the principal course. Overseas students wishing to transfer during this period must continue to meet an exception under Standard 7, for example, by requesting a transfer from their provider.
Registered providers should grant a transfer request where they have assessed that:
- The international student will be reported because they are unable to achieve satisfactory course progress
- There are compassionate and compelling circumstances
- The registered provider is not able to deliver the course
- There is evidence that current courses do not meet international student’s expectations
- There is evidence that international student was misled by the registered provider or an education agent
- An appeal (internal or external) on another matter results in a decision or recommendation to release the international students.
Transfers would be recorded in PRISMS from 1 January 2018 and registered providers are no longer required to issue release letters.
If a transfer is refused the registered provider must notify an overseas student of their intention to refuse the request. The registered provider must not finalise the refusal in PRISMS until the overseas student has been given an opportunity to access the complaints and appeals process, the overseas student withdraws from the process, or if the process finds in favour of the registered provider.
A cancellation of a Confirmation of Enrolment (CoE) does not mean that the student has been released from the previous registered provider.
Policy:
Overseas Student Transfer Policy and Procedure
Consideration of Special Circumstances Policy and Procedure
Student Refund and Credit Balance Policy and Procedure
Standard 8 requires registered providers to monitor overseas students’ compliance with their visa conditions relating to course attendance, progress, and completion according to the sector of education. It requires that the expected duration of study specified on an overseas students’ CoE must not exceed the CRICOS registered duration.
Registered providers are also required to have policies and processes to identify, notify and assist overseas students at risk of not meeting course progress or attendance requirements based on evidence from their academic progress.
Registered providers are required to have processes for determining the point at which an overseas student has failed to meet satisfactory course attendance or course progress.
Higher Education providers must continue to monitor course progress regularly and are not required to monitor attendance. CQU VET courses are exempt from monitoring attendance.
Registered providers must continue to report overseas students who do not meet course progress and/or attendance requirements and ensure an overseas student is notified of the impending report and has the right of appeal.
Reporting a breach of course progress or attendance can only be done if the internal and external complaints processes have been completed and the breach has been upheld; or the overseas student has chosen not to access the internal or external appeals process; or the overseas student withdraws from the internal or external appeals process.
Online learning
Standard 8 continues the existing provision that prevent exclusive online or distance learning from an overseas student on a student visa.
It clarifies that online learning does not include the provision of online lectures, tuition or other resources that supplement schedule classes or contact hours.
There is also a requirement that registered providers ensure that in each compulsory study period for a course, the overseas student is studying at least one unit that is not by distance or online learning, unless the overseas student is completing the last unit of their course.
Policy:
Academic Progression Policy and Procedure
ELICOS Academic Progress Policy and Procedure
Research Higher Degree Course Rules
ELICOS Course Attendance Policy and Procedure
Full-Time Study - Duration of Study Policy and Procedure
For student visa requirements check the Department of Home Affairs website.
Standard 9 clarifies some current requirements but makes no significant changes to the policy.
Registered providers may suspend or cancel an overseas student’s enrolment on the basis of misbehaviour by the overseas student, the overseas student’s failure to pay an amount required to undertake or continue the course, or breach of course progress or attendance requirements by the overseas student.
Registered providers are required to inform overseas students of their intent to suspend or cancel an overseas student’s enrolment and advise the overseas student of their right to appeal the decision through the registered provider’s internal appeals process. The suspension or cancellation of an overseas student’s enrolment cannot take effect until the internal appeals process is complete.
Policy:
Required Leave of Absence Policy and Procedure
Leave of Absence Procedure
Student Academic Integrity Policy and Procedure
Deferral of Admission Procedure
Student Conduct Policy and Procedure
Standard 10 outlines the requirements relating to complaints and appeals. Registered providers must continue to have an internal complaints and appeals policy and process that meet the requirements of Standard 10. Overseas students must also be provided with comprehensive, free and easily accessible information regarding the policy and process.
If an overseas student is not successful in the registered provider’s internal complaints and appeals process, the registered provider must advise the overseas student of their rights to access external complaints and appeals process at minimal or no cost within 10 workdays of completing the internal review.
Registered providers must immediately implement the decision or recommendation and/or take the preventative or corrective action required by the outcomes of the external complaints or appeal process made in favour of the overseas student.
Policy:
Complaints Policy and Procedure
Student Academic Integrity Policy and Procedure
Academic Appeals Policy and Procedure
Grades and Results Policy
Standard 11 incorporates requirements previously contained in Part C of the National Code 2017. It specifies that registered providers must seek approval from their ESOS agency regarding the course duration, modes of study, number of international students enrolled at the provider within the limit or maximum number, and arrangements with other education providers.
It also includes criteria the registered provider must demonstrate to the ESOS agency in applying to register a full-time course at a location. A registered provider must submit any proposed changes to registration of courses to its ESOS agency for approval at least 30 days prior to the change commencement date. Self-accrediting registered providers must undertake an independent external audit during their period of CRICOS registration, within 18 months prior to renewal of that registration to inform the re-registration of the provider.
The ESOS agencies for CQU are TESQA (HE) and ASQA (VET).
Read the National Code 2018 factsheets in more detail.
