Education Services for Overseas Students Act 2000 - National Code 2007 (7 March 2007)
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5.1 The National Code applies to all providers registered under the ESOS Act to deliver education and training courses to overseas students who come to Australia to study on a student visa. It is also used by designated state and territory government authorities (designated authorities) for the purpose of recommending courses for registration on CRICOS.
5.2 The National Code complements existing national quality assurance frameworks for sectors of the education and training industry where appropriate.
6. Overseas students and consumer protection
6.1 Overseas students differ from domestic students in that they are subject to migration controls and face different needs for consumer protection. Under Australian law, students from overseas are generally required to hold a student visa to enter Australia for education and training, and must comply with its conditions. Consumer protection must be appropriate for overseas students who usually cannot evaluate the quality of a course before purchase. If there is reason for discontent with the services they have obtained, they may not be able to remain in Australia to pursue the consumer protection remedies provided through Australian courts.
7. Where does the National Code fit within the ESOS framework?
7.1 The ESOS framework comprises principally the ESOS Act, its Regulations (the ESOS Regulations), the Education Services for Overseas Students (Registration Charges) Act 1997 (the ESOS Charges Act) and the National Code. The ESOS framework is complemented by the Migration Act 1958 and its Regulations and various state and territory legislation relevant to the education and training of overseas students.
7.2 The ESOS Act and the ESOS Regulations set out the rules and regulations for the registration of providers, obligations on registered providers, the operation of the ESOS Assurance Fund, enforcement of the ESOS legislative framework and the establishment of the National Code. The ESOS Charges Act specifies the registration charges applying to CRICOS registered providers. The National Code gives these rules and regulations a practical application by providing nationally consistent standards for the registration and conduct of registered providers and the conduct of persons who deliver educational services on behalf of registered providers.
7.3 The National Code is a legislative instrument. It is legally enforceable and breaches of the National Code by registered providers can result in sanctions being imposed on providers’ registration under the ESOS Act.
7.4 The ESOS framework is also supported by state and territory legislation that regulates the approval of education and training providers in accordance with relevant national protocols.
Principles and guidelines
Part Principles and guidelines - Education Services for Overseas Students Act 2000 - National Code 2007 (7 March 2007) - Principles and guidelines | Zoe
8. Benefits of international engagement
8.1 Australia gains significant benefits from its export of education and training services. The social and economic benefits flow to individuals, institutions and the wider community, both in Australia and in other countries. International engagement in education and training can transform individuals, widening their intellectual horizons, opening them to new ideas and experiences, and extending their friendships. Overseas students also contribute intellectually to Australian education and society, and provide diverse social and cultural perspectives that enrich the educational experience for many Australian students.
8.2 The benefits of international education and training depend on the service provided to overseas students, and on public confidence in the integrity and quality of that service. An industry servicing students who travel to Australia to study requires a consistent national approach to the registration of providers permitted to offer those services. A quality reputation for Australia’s international education services underpins the long-term benefits for trade and foreign relations and is imperative to domestic acceptance of growth in trade in education services. All of this can be jeopardised by education and training providers who do not deliver a quality service, or overseas students who breach the conditions of their student visa. The ongoing realisation of the benefits of international education and training requires maintenance and enhancement of Australia’s reputation as a provider of high quality education and training to overseas students.
9. Collaboration and shared responsibility between governments and providers
9.1 The Australian Government, state and territory governments and providers share responsibility for maintaining and enhancing Australia’s international reputation as a destination for high quality education and training for overseas students. Enhancement of quality, consumer protection and integrity of the student visa programme are achieved through collaboration between all government agencies and the international education and training industry and through inter-sectoral collaboration.
10. Student visa integrity
10.1 The international education and training industry is closely linked to the Australian Government’s student visa programme. Adherence to migration law is essential to ensure public confidence in the student visa programme and to ensure the provision of high quality education and training opportunities to students. Under the ESOS Act, registered providers are required to notify both students and the Australian Government when students have breached their student visa conditions as a result of having failed to maintain satisfactory course progress or attendance.
10.2 The National Code sets out the course progress and/or course attendance requirements which registered providers must apply to overseas students. It provides nationally consistent standards to enable registered providers to meet their obligations to support student visa integrity.
B. GOVERNMENT ROLES AND RESPONSIBILITIES
Introduction
The ESOS framework is based on a cooperative regulatory model between the Australian Government and state and territory governments. Part B is included in the National Code to facilitate a better understanding of government respective roles and responsibilities in administering the ESOS framework.
The Australian Government is responsible for protecting the reputation of Australia’s international education and training industry and its capacity to provide quality education and training services while maintaining the integrity of the student visa programme. State and territory governments have responsibility for the regulation of education in their jurisdictions.
Australian Government
The Department of Education, Science and Training (DEST) is responsible for administering the ESOS Act and its associated instruments. This includes managing CRICOS and supporting national consistency and policy development to assist the consistent interpretation and application of the ESOS framework, and the National Code in particular.
DEST also monitors compliance with the ESOS Act and the standards in the National Code, particularly focussing on student visa integrity and consumer protection. DEST is responsible for investigating and instigating enforcement action for breaches of both the ESOS Act and the National Code. DEST will publish information about its compliance and enforcement activities on a regular basis.
The ESOS framework recognises the role registered providers have in ensuring the integrity of Australia’s student visa programme through their ongoing contact with students during their stay in Australia. The Department of Immigration and Citizenship (DIAC) is responsible for regulating students by administering the student visa programme.
State and territory governments
Each state and territory government regulates the delivery of education services to domestic students. The ESOS framework recognises this pivotal role of state and territory governments and minimises the regulatory burden on registered providers by applying existing registration, accreditation and compliance systems to underpin regulation of the education and training for overseas students studying in Australia.
Under the ESOS framework, the designated authority in each state and territory assesses the registration and re‑registration of courses on CRICOS and monitors compliance with the National Code. Some state and territory governments also have legislation that specifically relates to providing education services to overseas students.
While DEST is primarily responsible for investigating and instigating enforcement action for breaches of both the ESOS Act and the National Code, state and territory governments often have enforcement mechanisms available through their legislation. Pursuing enforcement action through these mechanisms may be more appropriate given the nature of the breach, particularly if the state or territory government has specific legislation related to ESOS matters.
Efficient and effective administration of the ESOS framework
To support the efficient and effective administration of the ESOS regulatory framework, the Australian Government and state and territory governments will:
coordinate and maximise communication and collaboration
minimise the regulatory cost to governments and providers
ensure roles and responsibilities are clearly defined
support a nationally consistent approach, and
be transparent to the Australian international education and training community.