National Code

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National Code 2007 What does it mean for you?
National Code 2007 What does it mean for you?


Tania Beard Irina Ferouleva Quality and
Compliance UniSA International June 2007
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• Structure of Session
• 3 parts
• ESOS Legislative Framework
• Whats new in National Code 2007?
• Part B C
• Part D Standards, under two themes
• Commencing students (marketing, recruitment and
  enrolment) Stds 1 to 5, 7, 12
• Continuing students (teaching, student services,
  reporting and administration) Stds 5, 6, 8 to 10,
  12 13
• Resources and Assistance

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• ESOS Legislative Framework
• ESOS Act 2000
• ESOS Regulations 2001
• AVCC Code and Guidelines 2005
• National Code 2007
• Migration Act 1958
• Migration Regulations 1994

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• ESOS Legislative Framework
• a minimum standard of education services to
  international students
• aims to protect Australias reputation
• protects the interest of people on student visas
• protects the integrity of the migration system
• imposes obligations on registered education
  providers
• enables DEST and DIAC to monitor compliance and
  take enforcement action

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• Background
• ESOS Act required an evaluation within 3 years
• Independent evaluation and report released 2005
• Minister approved National Code in October 2006
• National Code 2007 comes into effect 1 July 2007

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Structure of National Code 2007 Part A
Framework Part B Government roles and
responsibilities Part C Registration on
CRICOS (Commonwealth Register of Institutions and
Courses for Overseas Students) Part D Standards
for registered providers
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• Part B Government roles and responsibilities
• Whats new?
• more responsibilities assigned to state and
  territory governments
• state and territory governments continue to
  assess registration of programs on CRICOS (the
  National Register) and from 1 July monitor
  compliance with National Code 2007
• DEST continue to administer ESOS Act
• DIAC continue to administer student visa program

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• Part C Registration on CRICOS
• Whats new?
• program structure determines the duration of a
  program i.e. includes holiday periods and
  approved work based training
• Work-based training only approved as part of a
  CRICOS registered program where
• it is undertaken to gain the qualification
• appropriate arrangements are in place for the
  supervision and assessment of overseas students.
• Mode and place of study
• on-line component can not exceed 25 of the
  duration of the program

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• Part D Standards for Registered Providers
• 15 standards
• grouped under the headings
• Commencing students (Stds 1 to 5, 7, 12)
• Continuing students (Stds 5, 6, 8 to 10, 12, 13)
• policy changes occurring

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• Part D Standards for Registered Providers
• Theme 1 Commencing students
• Std 1 Marketing information and practices
• Under the current code
• marketing must be carried out with integrity and
  accuracy and uphold the reputation of Australian
  international education and training
• no false or misleading information
• no comparisons with other providers
• marketing information must include
• itemised list of fees payable and refund
  procedure
• duration of the program
• English language requirements (IELTS score)
• educational qualifications/work experience
  requirements
• resources and facilities available on campus
• teaching assessment methods
• qualification gained on completion
• living costs
• student contact officer (Learning Connection)

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• Part D Standards for Registered Providers
• Theme 1 Commencing students
• Std 1 Marketing information and practices
• not to provide false and misleading information
  or advice about employment and migration outcomes
• Whats new?
• registered provider not to actively recruit a
  student where this clearly conflicts with its
  obligations under Std 7 (Transfer between
  registered providers)

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• Part D Standards for Registered Providers
• Theme 1 Commencing students
• Std 1 Marketing information and practices
• Questions to ask when preparing/reviewing
  publications?
• marketing material professional and ethical?
• providers name and CRICOS number on all
  material used to market the provider and its
  programs?
• confident advice given is not false or
  misleading
• confident information provided will enable an
  informed decision about studying in Australia.
• What does this mean for you?
• guidelines for Print and Electronic Publications
  for International Students

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• Part D Standards for Registered Providers
• Theme 1 Commencing students
• Std 2 Student engagement before enrolment
• Whats new?
• provides greater clarity around minimum
  requirements for acceptance into a program
• providers must include more information i.e..
  availability of course credit the mode of study
  grounds for deferral, suspension or cancellation
  of enrolment description of ESOS framework made
  available to students
• documented procedure for assessing student
  application
• What does this mean for you?
• comprehensive documented procedure
• link on ESOS website to ESOS Framework

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• Part D Standards for Registered Providers
• Theme 1 Commencing students
• Std 3 Formalisation of enrolment
• Whats new?
• must enter into a written agreement (with or
  prior to accepting program money) setting out the
  services to be provided, fees and refund
  information
• in refund component, must provide information in
  relation to both student and provider default
• What does this mean for you?
• written agreement currently compliant
• very minor change to Guidelines on Refunds of
  Tuition Fees for International Students

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• Part D Standards for Registered Providers
• Theme 1 Commencing students
• Std 4 Education agents
• Whats new?
• a written agreement must be entered into with
  each agent formally engaged
• the agreement must include processes for
  monitoring the activities of the agent, including
  where corrective action may be required
• the agreement must include termination
  conditions
• What does this mean for you?
• revision of Agent Agreements by Nov 07
• introduction of an ESOS Agent Review Checklist
• communication for changes to agents

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• Part D Standards for Registered Providers
• Commencing Continuing students
• Std 5 Younger Students
• Adequate welfare arrangements in place
• Whats new?
• clearer guidelines about the registered
  providers responsibility for students for the
  period they are under the age of 18
• greater clarity in approving the care
  arrangements
• the registered provider is now required to
  nominate the period it is accepting
  responsibility

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• Part D Standards for Registered Providers
• Commencing Continuing students
• Std 5 Younger Students
• consistent with Migration Regulations changes
• amended student visa condition requires students
  to wait until welfare arrangements commence
  before travelling to Australia
• What does this mean for you?
• advise students that they will not be able to
  travel to Australia before the start date of
  the welfare period i.e. one week before the
  program starts
• ask the student if they have adequate welfare
  arrangements before they lodge their visa
  application
• review and update existing guidelines for under
  aged student
• review admission process for under aged students

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• Part D - Standards for Registered Providers
• Theme 1 Commencing students
• Std 7 Transfer between registered providers
• Whats new?
• visa condition to remain with the primary
  education provider for the first 12 months has
  been removed
• decision now rests with the registered provider
  and subject to DEST review
• period has been shortened to 6 months
• documented procedure to assess the student
  request
• release within the first 6 months only granted in
  restricted circumstances
• What does this mean for you?
• advise the student of transfer limitations
• amendment to Enrolment Policy Release Letter
  Request form

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• Part D Standards for registered providers
• Commencing and Continuing students
• Std 12 Course credit
• Whats new?
• need documented procedure for granting course
  credit
• when course credit granted, a record either
  signed or accepted by the student must be kept
  and placed on the students file
• What does this mean for you?
• minor amendment to Credit Transfer Policy and
  Credit Application form
• current practices for commencing students
  compliant

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• Part D Standards for registered providers
• Benefits of changes to standards
• online learning
• more autonomy to manage students enrolment
• greater flexibility to manage course loads
• clearer requirements to manage agent activities
• strengthened complaints and appeals processes
• nomination of the term a provider accepts
  responsibility for an under aged student

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Resources and Assistance

• UniSA ESOS website
• www.unisa.edu.au/int/ESOS/default.asp
• Quality and Compliance
• UniSA International
• Tania Beard 29117
• Irina Ferouleva 20968