Introduction
The Department of Education, Employment and Workplace Relations regulates the education and training sector’s involvement with overseas students studying in Australia on student visas. It does this through the Education Services for Overseas Students legislative framework. This protects Australia’s reputation for delivering quality education services and the interests of overseas students, by setting minimum standards and providing tuition and financial assurance.
The legislation mandates a nationally consistent approach to registering education providers so that the quality of the tuition, and care of students, remains high. The professionalism and integrity of the industry is further strengthened by the ESOS legislation’s interface with immigration law. This imposes visa related reporting requirements on both students and providers. A simple explanation of the framework is the Easy Guide to ESOS.
NEW: ESOS Online Enquiry Form – an enhancement to the ESOS Mailbox
The ESOS mailbox receives hundreds of enquiries every month. With a view to improving the service provided to those who use the mailbox, the Department of Education, Employment and Workplace Relations is introducing an ESOS Online Enquiry Form to assist with ESOS related questions.
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ESOS Amendment Act
The re-registration of all providers, currently registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) by 31 December 2010, is a part of the Education Services for Overseas Students Amendment (Re-registration of Providers and Other Measures) Act 2010 that was passed by the Parliament on 22 February 2010 and received Royal Assent on 3 March 2010. The Act will take effect immediately.
Both the Australian Government and states and territories have finalised a nationally consistent risk managed approach to re-registration as required in the legislation.
Aspects of the re-registration process
All current providers will have to apply for re-registration, including those who have only recently been registered or audited, or who may be due for re-registration in 2010 as a part of their usual audit cycle. Applications for re-registration will open in mid-March 2010, and will close in mid-April 2010. Providers will be notified of details once dates are finalised.
The approach to re‑registration is to be risk-managed with providers being categorised into various tiers of risk-based on their individual circumstances. Providers, considered to be representing higher levels of risk, as well as new providers, would be expected to undergo a more extensive assessment process than those with lower risk.
Re-registration of all providers is intended to reinforce confidence in the quality of the Australian international education sector and to strengthen the registration process. This will mean that after 31 December 2010 all providers on CRICOS will have been scrutinised using the strengthened powers available under the revised ESOS Act.
Under the Amendment Act, providers will also be required to maintain a list on their website of all persons (whether within or outside Australia) who represent or act on their behalf in dealing with overseas students or intending overseas students. This measure will assist in improving accountability in the use of agents. Providers will also need to comply with any future regulatory changes on the use of education agents.
There are also a number of other amendments intended to clarify certain provisions to improve the operation of the ESOS Act.
Other complementary initiatives to enhance Australia’s ability to deliver quality education services to overseas students include the review of the ESOS Act by the Hon Bruce Baird AM and the development of the National International Student Strategy under the Council of Australian Governments. Both of these initiatives are due for completion shortly.
Education Services for Overseas Students Amendment (Re-registration of Providers and Other Measures) Bill 2009:
Questions and answers: pdf (101kb) rtf (130kb)
Information on the principal purpose criteria
The focus of the principal purpose criteria is on determining that the principal purpose of the provider in setting up operations as an education provider is to deliver a quality education outcome for students rather than a focus on the principal purpose of the legal entity of the organisation as a whole.
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New requirement for the use of agents
As per advice sent to all Principle Executive Officers (PEOs) on 29 March 2010 (pdf 145kb, rtf 69kb), under the ESOS Amendment Act enacted on 3 March 2010, all providers are required to comply with the requirement to publish a list of agents they use on their website, and in any other manner prescribed in the regulations. The ESOS Amendment Act took immediate effect, however, providers have been given a transition period, ending on 3 June 2010, to become fully compliant with this requirement.
Questions and answers
ESOS legislative framework
The ESOS Acts and Regulations set out the legal framework for the delivery of education to overseas students. It governs:
- Which providers may be registered
- The CRICOS registration process
- Obligations of providers
- Tuition assurance and consumer protection mechanisms
- Enforcement and compliance powers
- Charges providers pay to enrol overseas students.
National Code of Practice 2007
On 1 July 2007 the original National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students was substantially revised to improve clarity and to give institutions more flexibility. For students the changes brought about greater protection. All CRICOS-registered providers must comply with the provisions of the National Code of Practice 2007.
The National Code 2007 contains:
- A description of the principles and guidelines that underpin the National Code 2007;
- A description of the roles and responsibilities of state and territory governments;
- Requirements for CRICOS-registered providers; and
- Standards for CRICOS-registered providers.
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The Explanatory Guide
The Explanatory Guide mirrors the structure of the National Code of Practice 2007 with a focus on Part D. It contains:
- Education sector-specific case studies
- Instructions on how to apply standards to education sectors
- Sector-specific compliance tips
- The relationship of each standard to other standards and the ESOS Act
- Useful website addresses, phone numbers and eMail addresses.
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Further information