A. FRAMEWORK

Preamble

1. The National Code and its purpose

1.1 The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (the National Code) provides nationally consistent standards for the conduct of registered providers and the registration of their courses. The standards set out specifications and procedures to ensure that registered providers of education and training courses can clearly understand and comply with their obligations under the National Code.

1.2 The National Code also identifies the roles and responsibilities of the Australian Government and state and territory governments in discharging their regulatory functions.

2. Establishment of the National Code

2.1 The Education Services for Overseas Students Act 2000 (the ESOS Act) required an independent evaluation to be undertaken within three years of it coming into effect. The Minister for Education, Science and Training established this National Code under the ESOS Act as a response to the independent evaluation of the ESOS Act, and following consultation with each state and territory and representatives of industry and student bodies. This National Code replaces the Code established in 2001 and is effective from 1 July 2007. From that date, all registered providers must comply with it. The Australian Government will periodically review the effectiveness of the National Code.

3. Objectives

3.1 The objectives of the National Code are to:

1. support the ESOS framework, including supporting the effective administration of the framework by the Australian Government and state and territory governments

2. establish and safeguard Australia’s international reputation as a provider of high quality education and training by:

3. ensuring that education and training for overseas students meets nationally consistent standards, and

4. ensuring the integrity of registered providers

c. protect the interests of overseas students by:

1. ensuring that appropriate consumer protection mechanisms exist
2. ensuring that student welfare and support services for overseas students meet nationally consistent standards, and
3. providing nationally consistent standards for dealing with student complaints and appeals

d. support registered providers in monitoring student compliance with student visa conditions and in reporting any student breaches to the Australian Government.

4. Structure of the National Code

4.1 This framework (Part A) broadly outlines the principles and guidelines that underpin the National Code. Part B describes the roles and responsibilities of the Australian Government and state and territory governments in administering the ESOS regulatory framework. Part C outlines the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) registration requirements and Part D provides standards that set out obligations on and procedures for registered providers of education and training to overseas students.