Part Care for and services to students - Education Services for Overseas Students Act 2000 - National Code 2007 (7 March 2007) - Care for and services to students | Zoe
Education Services for Overseas Students Act 2000 - National Code 2007 (7 March 2007)
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Before a student visa can be granted to a student under 18 years of age, the Australian Government must be satisfied that there are appropriate accommodation, support and general welfare arrangements in place for the period that the student will be under 18 while in Australia. Where the registered provider agrees to take on responsibility for approving these arrangements, the registered provider must nominate the period for which it takes on the responsibility under Standard 5. The period nominated is to include sufficient time after the enrolment period for the student to arrange to leave Australia, or make other appropriate arrangements (Standard 5).
The support services and orientation programmes provided to all students help them to adjust to study in Australia and improve the quality of their educational experience. Registered providers have important responsibilities to provide access to support services and support staff to meet the needs of the students enrolled in their courses.
Critical incident policies ensure the interests of students and their families are managed appropriately. Such policies also ensure registered providers are prepared for such incidents and have a clear protocol to follow in what can be distressing and upsetting circumstances (Standard 6).
Standard 5 – Younger students
Outcome of Standard 5
Where students under the age of 18 are not being cared for in Australia by a parent or suitable nominated relative, registered providers ensure the arrangements made to protect the personal safety and social well-being of those students are appropriate.
5.1 Where the registered provider has taken on responsibility under the Migration Regulations for approving the accommodation, support and general welfare arrangements for a student who has not turned 18, the registered provider must:
nominate the dates for which the registered provider accepts responsibility for approving the student’s accommodation, support and general welfare arrangements using the DIAC pro forma letter available through PRISMS
advise DIAC in writing of the approval using the DIAC pro forma letter available through PRISMS
have documented procedures for checking the suitability of the student’s accommodation, support and general welfare arrangements, and
advise DIAC as soon as possible in the event that the under 18 year old student has changed his or her living arrangements or the registered provider no longer approves of the arrangements for the student using the DIAC pro forma letter available through PRISMS.
5.2 Where Standard 5.1 applies and the student is under 18 with a student visa that covers multiple courses, the registered provider with whom the student is currently enrolled is responsible for approving arrangements for the student’s accommodation, support and general welfare during that nominated period.
5.3 Where Standard 5.1 applies and the registered provider suspends or cancels the enrolment of the student, the registered provider must continue to check the suitability of arrangements for that student until:
a. the student is accepted by another registered provider and that registered provider takes over responsibility for approving the student’s accommodation, support and general welfare arrangements
b. the student leaves Australia
c. other suitable arrangements are made that satisfy the Migration Regulations, or
d. the registered provider reports under Standard 5.1.d that it can no longer approve of the arrangements for the student.
Standard 6 – Student support services
Outcome of Standard 6
Registered providers support students to adjust to study and life in Australia, to achieve their learning goals and to achieve satisfactory progress towards meeting the learning outcomes of the course.
6.1 The registered provider must assist students to adjust to study and life in Australia, including through the provision of an age and culturally appropriate orientation programme that includes information about:
student support services available to students in the transition to life and study in a new environment
legal services
emergency and health services
facilities and resources
complaints and appeals processes, and
any student visa condition relating to course progress and/or attendance as appropriate.
6.2 The registered provider must provide the opportunity for students to participate in services or provide access to services designed to assist students in meeting course requirements and maintaining their attendance.
6.3 The registered provider must provide the opportunity for students to access welfare-related support services to assist with issues that may arise during their study, including course progress and attendance requirements and accommodation issues. These services must be provided at no additional cost to the student. If the registered provider refers the student to external support services, the registered provider must not charge for the referral.
6.4 The registered provider must have a documented critical incident policy together with procedures that covers the action to be taken in the event of a critical incident, required follow-up to the incident, and records of the incident and action taken.
6.5 The registered provider must designate a member of staff or members of staff to be the official point of contact for students. The student contact officer or officers must have access to up-to-date details of the registered provider’s support services.
6.6 The registered provider must have sufficient student support personnel to meet the needs of the students enrolled with the registered provider.
6.7 The registered provider must ensure that its staff members who interact directly with students are aware of the registered provider’s obligations under the ESOS framework and the potential implications for students arising from the exercise of these obligations.