The Australian Government has released the revised National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) to ensure strong international student protections while minimising the regulatory burden on registered providers and persons who deliver educational services on behalf of registered providers.
The National Code is a legislative instrument made under the Education Services for Overseas Students Act 2000 and sets nationally consistent standards to support providers to deliver quality education and training to overseas students. https://www.legislation.gov.au/Details/F2017L01182
Information or assistance should not be relied on as legal advice or as a substitute for legal advice. Overseas students and education providers should seek independent legal advice as appropriate.
National Code 2018 Factsheets
Standard 1: Marketing information and practices
Standard 2: Recruitment of an overseas student
Standard 3: Formalisation of enrolment and written agreements
Standard 4: Education Agents
Standard 5: Younger overseas students
Standard 6: Overseas student support services
Standard 7: Overseas student transfers
Standard 8: Overseas student visa requirements
Monitoring course progress and attendance
Standard 8 requires registered providers to continue to have processes for determining the point at which an international 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.
School, ELICOS and foundation providers must monitor both course progress and attendance. The requirement for attendance is 80 per cent of the scheduled contact hours for the course, or higher where specified under state and territory legislation.
VET providers must monitor course progress and no longer have to monitor attendance. VET providers will only have to monitor attendance if this is set as a condition of registration by the ESOS agency for the provider. The minimum attendance requirement, if imposed, is 80 per cent of the scheduled contact hours for the course.
Reporting unsatisfactory course progress or course attendance
Under Standard 8, registered providers must continue to report international students who do not meet course progress and/or attendance requirements and ensure an international student is notified of the impending report and has the right of appeal.
However, a registered provider may decide not to report an international student enrolled in a school, ELICOS and Foundation Program course if the international student is still attending 70 per cent of contact hours and provides genuine evidence of compassionate or compelling circumstances.
A registered provider may decide not to report a VET student for breaching the attendance requirements if the international student is still attending at least 70 per cent of the scheduled course contact hours and the international student is maintaining satisfactory course progress.
The Standard continues to state that registered providers must only report a breach of course progress or attendance if the internal and external complaints processes have been completed and the breach has been upheld; or the international student has chosen not to access the internal or external appeals process; or the international student withdraws from the internal or external appeals process.
Standard 9: Deferring, suspending or cancelling the overseas student’s enrolment
Standard 9 clarifies some current requirements, but makes no significant changes to the policy.
Registered providers must continue to have and implement a documented process for assessing, approving and recording deferment of the commencement of study or suspension requested by an international student, and maintain a record of any decisions. Registered providers are able to suspend or cancel an international student’s enrolment if there are compassionate or compelling circumstances.
Registered providers may suspend or cancel an international student’s enrolment on the basis of misbehaviour by the international student, the international student’s failure to pay an amount required to undertake or continue the course, or breach of course progress or attendance requirements by the international student.
Standard 9 still requires registered providers to inform international students of their intent to suspend or cancel an international student’s enrolment and advise the international student of their right to appeal the decision through the registered provider’s internal appeals process. The suspension or cancellation of an international student’s enrolment cannot take effect until the internal appeals process is completed.
Standard 10: Complaints and appeals
Standard 10 outlines the requirements relating to complaints and appeals but contains no policy changes.
Registered providers must continue to have an internal complaints and appeals policy and process that meet the requirements of Standard 10. International students must also be provided with comprehensive, free and easily accessible information regarding the policy and process.
If an international student is not successful in the registered provider’s internal complaints and appeals process, the registered provider must advise the international student of their rights to access external complaints and appeals process at minimal or not cost within 10 working days 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 international student.
Standard 11: Additional requirements
Source: https://internationaleducation.gov.au