Education Services for Overseas Students Act 2000 - National Code 2007 (7 March 2007)
The student visa programmeThe student visa programme
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The National Code supports the integrity of the Australian Government’s migration laws by requiring students to complete their course within its expected duration. This duration is to be based on the normal time required to complete the course. The normal duration of a course may be established by the appropriate quality assurance framework for that sector (e.g. the Australian Qualifications Framework, relevant state and territory government legislation or guidelines). This approach offers registered providers and students some flexibility to vary the enrolment load to suit the student’s needs and course requirements. However, it also recognises that students may not always be able to complete the course within the expected duration of study and provides for extensions in a limited range of circumstances (Standard 9).
It is also the intention of the Australian Government student visa programme for students to genuinely attempt to achieve their desired educational outcomes within the duration of their student visa. Student visas include a condition that requires the student to progress satisfactorily. Students must attend their classes.
Registered providers monitor the progress of students and their attendance where applicable. This monitoring enables students at risk of not progressing, or participating, where applicable, to be identified and offered support so that they are assisted to achieve their educational goals (Standard 10 and 11).
Registered providers that offer vocational education and training courses are able to monitor course progress only under Standard 11, if the registered provider adopts the DEST and DIAC approved course progress policy. This option recognises the increasingly dual sector nature of higher education and vocational education and training registered providers.
Course credit may be granted to students who are able to demonstrate appropriate prior learning or experience. In the interests of ensuring students are fully informed, registered providers are to give students a copy of the course credit for their records. Where course credit is granted, the duration in which the student is expected to complete the course must reflect any consequent reduction in the period of study (Standard 12).
Students may, through formal agreement with their registered provider, be given permission to defer commencement, take a leave of absence or temporarily suspend their studies during the course. Such absences, however, may affect the student’s visa status. The registered provider may also seek to cancel the student’s enrolment (Standard 13).
Standard 9 – Completion within the expected duration of study
Outcome of Standard 9
Registered providers monitor the enrolment load of students to ensure they complete the course within the duration specified in their CoE and do not exceed the allowable portion of online or distance learning. Registered providers only enable students to extend the expected duration of study for the course through the issuing of a new CoE in limited circumstances.
Part The student visa programme - Education Services for Overseas Students Act 2000 - National Code 2007 (7 March 2007) - The student visa programme | Zoe
9.1 The registered provider must have and implement documented policies and procedures for monitoring the progress of each student to ensure that at all times the student is in a position to complete the course within the expected duration as specified on the student’s CoE. In monitoring this enrolment load, the registered provider must ensure that in each compulsory study period for a course, the student is studying at least one unit that is not by distance or online learning.
9.2 The registered provider may only extend the duration of the student’s study where it is clear that the student will not complete the course within the expected duration, as specified on the student’s CoE, as the result of:
a. compassionate or compelling circumstances (e.g. illness where a medical certificate states that the student was unable to attend classes or where the registered provider was unable to offer a pre-requisite unit)
b. the registered provider implementing its intervention strategy for students who were at risk of not meeting satisfactory course progress, or
c. an approved deferment or suspension of study has been granted under Standard 13.
9.3 Where there is a variation in the student’s enrolment load which may affect the student’s expected duration of study in accordance with 9.2, the registered provider is to record this variation and the reasons for it on the student file. The registered provider must correctly report the student via PRISMS and/or issue a new CoE when the student can only account for the variation/s by extending his or her expected duration of study.
9.4 The registered provider may allow the student to undertake no more than 25 per cent of the student’s total course by distance and/or online learning. However, the registered provider must not enrol the student exclusively in distance or online learning units in any compulsory study period.
9.5 Except in the circumstances specified in 9.2, the expected duration of study specified in the student’s CoE must not exceed the CRICOS registered course duration.
Standard 10 – Monitoring course progress
Outcome of Standard 10
Registered providers systematically monitor students’ course progress. Registered providers are proactive in notifying and counselling students who are at risk of failing to meet course progress requirements. Registered providers report students, under section 19 of the ESOS Act, who have breached the course progress requirements.
10.1 The registered provider must monitor, record and assess the course progress of each student for each unit of the course for which the student is enrolled in accordance with the registered provider’s documented course progress policies and procedures.
10.2 The registered provider must have and implement appropriate documented course progress policies and procedures for each course, which must be provided to staff and students, that specify the:
requirements for achieving satisfactory course progress
process for assessing satisfactory course progress
procedure for intervention for students at risk of failing to achieve satisfactory course progress
process for determining the point at which the student has failed to meet satisfactory course progress, and
procedure for notifying students that they have failed to meet satisfactory course progress requirements.
10.3 The registered provider must assess the course progress of the student in accordance with the registered provider’s course progress policies and procedures at the end point of every study period.
10.4 The registered provider must have a documented intervention strategy, which must be made available to staff and students, that specifies the procedures for identifying and assisting students at risk of not meeting the course progress requirements. The strategy must specify:
procedures for contacting and counselling identified students
strategies to assist identified students to achieve satisfactory course progress, and
the process by which the intervention strategy is activated.
10.5 The registered provider must implement the intervention strategy for any student who is at risk of not meeting satisfactory course progress requirements. At a minimum, the intervention strategy must be activated where the student has failed or is deemed not yet competent in 50% or more of the units attempted in any study period.
10.6 Where the registered provider has assessed the student as not achieving satisfactory course progress, the registered provider must notify the student in writing of its intention to report the student for not achieving satisfactory course progress. The written notice must inform the student that he or she is able to access the registered provider’s complaints and appeals process as per Standard 8 (Complaints and appeals) and that the student has 20 working days in which to do so.
10.7 Where the student has chosen not to access the complaints and appeals processes within the 20 working day period, withdraws from the process, or the process is completed and results in a decision supporting the registered provider, the registered provider must notify the Secretary of DEST through PRISMS of the student not achieving satisfactory course progress as soon as practicable.
Standard 11 – Monitoring attendance
Outcome of Standard 11
Registered providers systematically monitor students’ compliance with student visa conditions relating to attendance. Registered providers are proactive in notifying and counselling students who are at risk of failing to meet attendance requirements. Registered providers report students, under section 19 of the ESOS Act, who have breached the attendance requirements.
11.1 The registered provider must record the attendance of each student for the scheduled course contact hours for each CRICOS registered course in which the student is enrolled which is:
a. an accredited vocational education and training course (unless Standard 11.2 applies)
11.2 Where the registered provider implements the DEST and DIAC approved course progress policy and procedures for its vocational education and training courses, Standard 11 does not apply.
11.3 For the courses identified in 11.1, the registered provider must have and implement appropriate documented attendance policies and procedures for each course which must be provided to staff and students that specify the:
requirements for achieving satisfactory attendance, which at a minimum, requires overseas students to attend at least 80 per cent of the scheduled course contact hours
manner in which attendance and absences are recorded and calculated
process for assessing satisfactory attendance
process for determining the point at which the student has failed to meet satisfactory attendance, and
procedure for notifying students that they have failed to meet satisfactory attendance requirements.
11.4 For the courses identified in 11.1, the registered provider’s attendance policies and procedures must identify the process for contacting and counselling students who have been absent for more than five consecutive days without approval or where the student is at risk of not attending for at least 80 per cent of the scheduled course contact hours for the course in which he or she is enrolled (i.e. before the student’s attendance drops below 80 per cent).
11.5 For the courses identified in 11.1, the registered provider must regularly assess the attendance of the student in accordance with the registered provider’s attendance policies and procedures.
11.6 Where the registered provider has assessed the student as not achieving satisfactory attendance for the courses identified in 11.1, the registered provider must notify the student in writing of its intention to report the student for not achieving satisfactory attendance. The written notice must inform the student that he or she is able to access the registered provider’s complaints and appeals process as per Standard 8 (Complaints and appeals) and that the student has 20 working days in which to do so.
11.7 Where the student has chosen not to access the complaints and appeals processes within the 20 working day period, withdraws from the process, or the process is completed and results in a decision supporting the registered provider, the registered provider must notify the Secretary of DEST through PRISMS that the student is not achieving satisfactory attendance as soon as practicable.
11.8 For the vocational education and training and non-award courses identified in 11.1.a and 11.1.d, the registered provider may only decide not to report the student for breaching the 80 per cent attendance requirement where:
that decision is consistent with its documented attendance policies and procedures, and
the student records clearly indicate that the student is maintaining satisfactory course progress, and
the registered provider confirms that the student is attending at least 70 per cent of the scheduled course contact hours for the course in which he or she is enrolled.
11.9 For the ELICOS and school courses identified in 11.1, the registered provider may only decide not to report a student for breaching the 80 per cent attendance requirement where:
the student produces documentary evidence clearly demonstrating that compassionate or compelling circumstances (e.g. illness where a medical certificate states that the student is unable to attend classes) apply, and
that decision is consistent with its documented attendance policies and procedures, and
the registered provider confirms that the student is attending at least 70 per cent of the scheduled course contact hours for the course in which he or she is enrolled.
Standard 12 – Course credit
Outcome of Standard 12
Registered providers appropriately recognise course credit within the ESOS framework.
12.1 Where the registered provider grants course credit, the registered provider must:
have documented procedures for the granting and recording of course credit, and
provide a record of the course credit to the student, which must be signed or otherwise accepted by the student, and place it on the student’s file.
12.2 If the registered provider grants the student course credit which leads to a shortening of the student’s course, the registered provider must:
if the course credit is granted before the student visa grant, indicate the actual net course duration (as reduced by course credit) in the confirmation of enrolment issued for that student for that course, or
if the course credit is granted after the student visa grant, report the change of course duration via PRISMS under section 19 of the ESOS Act.
Standard 13 – Deferring, suspending or cancelling the student’s enrolment
Outcome of Standard 13
Registered providers may only enable students to defer or temporarily suspend their studies, including granting a leave of absence, during the course through formal agreement in certain limited circumstances.
13.1 The registered provider must have in place documented procedures for assessing, approving and recording a deferment of the commencement of study or suspension of study for the student, including keeping documentary evidence on the student’s file of the assessment of the application.
13.2 The registered provider can only defer or temporarily suspend the enrolment of the student on the grounds of:
compassionate or compelling circumstances (e.g. illness where a medical certificate states that the student is unable to attend classes), or
misbehaviour by the student.
13.3 The registered provider must:
a. inform the student that deferring, suspending or cancelling his or her enrolment may affect his or her student visa, and
b. notify the Secretary of DEST via PRISMS as required under section 19 of the ESOS Act where the student’s enrolment is deferred, temporarily suspended or cancelled.
13.4 The registered provider must inform the student of its intention to suspend or cancel the student’s enrolment where the suspension or cancellation is not initiated by the student and notify the student that he or she has 20 working days to access the registered provider’s internal complaints and appeals process as per Standard 8.1. If the student accesses the registered provider’s internal complaints and appeals process, the suspension or cancellation of the student’s enrolment under this standard can not take effect until the internal process is completed, unless extenuating circumstances relating to the welfare of the student apply.