Prepared by: Monash International September 2003 Staff Training Module on the University’s obligations under the The Education Services for Overseas Students (ESOS) Act 2000

Contents 1.Policy statement …………………………. 3 2.Purpose …………………………………… 5 3.Overview……………………………………7 4.ESOS Act key areas………………………15 5.Implications for Monash University……… 35 6.Further questions and information……… 48

Policy statement Monash University is committed to achieving full compliance with the ESOS Act, National Code and the relevant sections of the Migration Act. An active compliance program supports this commitment across all faculties and units of the university.

Policy statement (cont) Monash International has the primary responsibility for the development and maintenance of the Monash University compliance environment. Faculties, Monash University departments and Monash International Units are responsible for ensuring compliance policies are properly administered and resourced.

Purpose of Training Module Monash acknowledges its obligation to “ bring to the attention of staff dealing with overseas students their relevant responsibilities under the National Code, the ESOS Act 2000 and any relevant state requirements” (Para 50 National Code). This training module is designed to provide information for: New staff members unfamiliar with the requirements of the Act and Code Existing staff members wanting to refresh their knowledge.

Further Training Robert Barrett, Manager ESOS and Visa Support and Compliance is available to brief departments and faculties as required (see slide 48 for contact details).

Overview - What is the ESOS Act 2000? Overview - What is the ESOS Act 2000? Education Services for Overseas Students (ESOS) Act 1991 passed through Federal Parliament. Purpose: To ensure minimum standards for the promotion and delivery of education in Australia to overseas students. ESOS Act 2000, effective June 4, 2001.

Overview – Purpose of ESOS Act 2000 The ESOS Act 2000 and National Code have the aims of providing: Quality assurance for overseas students by ensuring education or training meets nationally consistent standards Financial and tuition assurance for overseas students Assurance of integrity of the student visa program Powers to enable the Commonwealth to monitor and sanction providers as appropriate

Overview - ESOS Act 2000 Summary National Code (Part 4 ESOS Act) is legally binding. Assurance Fund, public Universities exempt but not the commercial arms. (Part 5 ESOS Act). Commonwealth (Department of Immigration, Multicultural and Indigenous Affairs (DIMIA)) & (Department of Education Science and Training (DEST)) have increased monitoring and enforcement powers under the Act. Role of States as accrediting authorities unaffected.

Overview - ESOS Act 2000 Summary Requires providers to use the Provider Registration and International Students Management System (PRISM) to generate an electronic Confirmation of Enrolment (eCOE) for intending overseas students. Commonwealth discretion not to register provider if reason to believe will not comply with Act or Code Record keeping. Act imposes requirements on providers for keeping of student records

Overview - The National Code Effective from 4 June 2001, a National Code was established under the ESOS Act. Established under s.37 of the ESOS Act 2000 The Code is legally enforceable and all registered providers must comply with it. Purpose: to provide nationally consistent standards for Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) registration and for the conduct of CRICOS-registered providers (see slide 19).

Overview - Overview - Who is subject to the ESOS Act and National Code? The registered provider is responsible for its own behaviour AND the behaviour of ALL: Agents Associates

Overview – Overview – Agent definition Agent of a provider means a person (whether within or outside Australia) who represents or acts on behalf of the provider, or purports to do so, in dealing with overseas students or intending overseas students.

Overview – Overview –Associate definition Associate may include any of the following: spouse, de facto spouse, parent, child, sibling Officer of a company or related company Commercial arms of a Institution See s.6 ESOS Act

ESOS Act Key Areas 1.Registration 2.Advertising, promotion and course information 3.Recruitment 4.Enrolment 5.Enforcement & penalties 6.Monitoring & searching 7.Provision of the services

Key Area 1 - Registration Any provider of education and training that seeks to recruit, enrol or teach overseas students, or to advertise its ability to do so, must be registered on CRICOS. The provider must be registered for each course it offers to overseas students and for each state or territory in which it offers the course. CRICOS web address:

Key Area 1 - Registration Registered providers have obligations once registered, including: Report associate’s breach of the Act. Supply DEST with information about accepted students. concerning students in breach of student visa conditions. Notify students of breach of visa conditions.

Key Area 1 - Registration A breach of these obligations, and others, is a breach of the ESOS Act. A breach of the Act will expose a registered provider (including the Chief Executive Officer) to penalty provisions.

Key Area 2 - Advertising, promotion and course information Providers and their agents must not promote a course to overseas students unless it is registered on CRICOS. If a course is planned but not yet CRICOS registered, promotion is possible but must not: –Claim to provide the course –Offer the planned course or –Invite applications to the planned course All written materials and advertising must identify the registered provider and provider number (00008C).

Key Area 2 - Advertising, promotion and course information Can only enrol overseas students in full-time courses. –See the Monash definition of full time at: Distance study programs and part-time modes are not full-time courses. Students must attend classes. Must not mislead or deceive overseas students when recruiting or providing a course.

Key Area 2 - Advertising, promotion and course information Marketing must be accurate, clear and unambiguous, so that students can make informed decisions. False and misleading comparisons must not be made with another provider or their courses. No inaccurate claims of association with any other provider or organisation, or inaccurate advice as to acceptance into another course.

Key Area 2 - Advertising, promotion and course information Where a course is jointly provided, advertising must only occur with express permission of the registered provider and must identify the registered provider and their CRICOS provider number.

Key Area 2 - Advertising, promotion and course information A provider must not accept an overseas student for enrolment in a course unless it has given certain information to the student, including: General description of content. – Level of qualification/accreditation on completion. – Course duration. – Teaching methods (including any field trip or work experience requirements).

Key Area 2 - Advertising, promotion and course information Information to the student cont: Assessment methods. If a course is jointly provided, the name of both providers and the location of course delivery. Details of refund policy. Any arrangements with other providers for recognition of the course or certain components.

Key Area 2 - Advertising, promotion and course information Information about the course cont: A general description of the following, specifically available to students undertaking the course: Facilities (e.g. classrooms, furniture, fittings). Equipment (e.g. AV teaching aids). Learning resources (e.g. reference texts and software).

Key Area 2 - Advertising, promotion and course information Information about the course cont: An itemised list of fees payable to the provider. This includes: – Tuition fees, OSHC and amenities fees. – It covers both mandatory and optional payments such as non mandatory fieldwork or the costs of on campus accommodation

Key Area 2 - Advertising, promotion and course information A general description of cont.: The minimum level of English language proficiency, educational qualifications and work experience required for the student to be accepted. An accurate representation of the local environment, including location of campuses and indicative cost of living. Advice that any school-aged dependants accompanying them to Australia will be required to pay full fees if they are enrolled in either a government or non-government school.

Key Area 3 - Student recruitment and placement Recruitment must be ethical and responsible. Recruitment must be for full-time study only. Proof that English assessment was carried out by suitably qualified person and must meet requirements of Migration Regulations. The regulations specify the minimum English language requirements to meet visa criteria

Key Area 4 - Enrolment Provision of information as required by paras National Code (see slides 23-26) Keep student records, including: student’s academic performance attendance records for non higher ed. courses residential address (initial address and changes). course money paid and copies of written agreements Student information to be given to DEST if student breaches visa condition.

Key Area 5 - Enforcement & penalties ESOS Act contains strong enforcement provisions for breaches of the Act and Code, including suspension or cancellation of provider’s registration or 6-12 months imprisonment. Offences include: Breach of record keeping requirements. Failure to identify registered provider in written material. Provision or offer to provide a course that is not genuine. Failure to comply with a production notice (ie a request from DEST for an individual to provide information). Giving false or misleading information.

Key Area 6 - Monitoring and Searching Powers Monitoring and/or Search Warrants may be issued to search the premises of the registered provider, take photographs, inspect a document, take extracts or copies of the document.

Key Area 7 - Provision of the services Registered provider obligations relating to educational resources and facilities for the CRICOS registered courses: Teaching staff: Appropriately qualified and experienced. Teaching resources: Appropriate and adequate for number of students (including technological resources). Premises (see para 17,18 National Code): –Appropriate learning environment, including space and facilities. –Floor space requirements. –Notify students of relocation plans.

Key Area 7 - Provision of the services Student support services must be in place, including ensuring upon arrival, overseas students have access to information or counselling services in the following areas: – Orientation. – Academic progress. – Further study.

Key Area 7 - Provision of the services – Accommodation. – Arrangements for students under 18 years of age.

Implications for Monash University Marketing & promotion Recruitment Admissions Enrolment/Student services University systems & procedures Risk management

Marketing and promotion No course will be included in the International Students Course Guides (both U/G and P/G) unless issued with or applied for a CRICOS code. Agents and associates must be trained in requirements of the ESOS Act and National Code. All publications intended for international students must include the required information. For further information contact Tanya Lyon, Manager Marketing, Monash International Ph: 58539

Recruitment- Agents Network of agents have been reviewed and new contracts drawn up. Applications no longer accepted from agents with whom Monash does not have agreements. New criteria for appointment of agents developed. Performance management system for agents in practice to monitor their advising, advertising and recruitment practices. For further information contact Jeffrey Smart, Manager Recruitment Services, ph or

Admissions MI applies for CRICOS course registration on behalf of the university. Students need to be fully informed of provider obligations and their obligations. Confirmation of Enrolment into PRISMS (Provider Registration and International Students Management System) means DIMIA has electronic records of enrolment. eCOE must reflect accurate course duration. For information on CRICOS Registration contact Karen Allman, Admissions Officer (Fees) ph or

Enrolment / Student Services Full Time Study: The full time study policy is available on this web site: For the purposes of the ESOS Act 2000 and the National Code, Monash University, as the accrediting body, defines full-time study/load as a minimum enrolment of 18 credit points per semester or 75% of the standard load (.375 EFTSU).

Enrolment / Student Services Full Time Study (cont): As a guide, international students should be enrolled in 24 credit points (0.5 EFTSU) for each semester of study unless faculty approval has been given for a minimum 18 credit point (.375) enrolment. Approval can only be given in exceptional circumstances (see full time policy on web site)

Enrolment / Student Services Leave of Absence/Intermission: The National Code specifies that suspension of studies (intermission) can only be approved on exceptional compassionate grounds. Faculties are responsible for approving intermission. MI can provide advice about the visa implications of intermission and is responsible for reporting students who take intermission.

Enrolment / Student Services Advanced Standing/Credit /Recognition of Prior Learning (RPL): Provider must have a formal process for conducting and recording credit (para 31 National Code). Faculties should only award credit if a student can be enrolled in full time study (para 33 National Code).

Enrolment / Student Services Advanced Standing/Credit /Recognition of Prior Learning (RPL): If credit is given prior to visa grant leading to a shortening of a course, the eCOE must reflect course duration (Para 32.1 National Code) If credit is granted post visa grant, the changed duration must be reported via PRISMS (para 32.2 National Code).

Enrolment / Student Services Repeating failed units: An international student can repeat a unit once only as a final semester part time student (Para 40 National Code). A student can repeat a unit more than once while in a full- time course of study, where there are reasons to allow this. If an international student is required to repeat a prerequisite unit mid-course, a student should repeat the prerequisite unit together with other units so that they are undertaking a full-time load.

University systems The CRICOS application procedure is available on MI web site. Consistency of information through the university Course Administration System (CAS). Regular audits to identify applications for non-CRICOS courses, prior to offer. Package courses (where a COE is issued for a preliminary and principal course enabling a visa to be issued for the duration of both courses) require course data on Callista two years in advance.

University systems (cont) Reports being developed to identify international students at risk re: progression issues relevant to ESOS. Warnings on Callista to advise students that changes to course load may have visa implications.

Risk Management MU as the registered provider must ensure that it will not be in breach of the ESOS Act, the National Code or any provider registration conditions. ESOS guidelines (available on this web site) give direction as to how policy and procedures can be made ESOS compliant. Internal reviews and audits to minimise exposure in the event of full compliance audits. Attention needs to be given to improving student retention rates.

Further Questions & Information If you have any questions or for further information, please do not hesitate to contact Robert Barrett, Manager, ESOS and Visa Support and Compliance at: Ph or Monash International ESOS Web site: DEST: National Code: