Commonwealth legislation

Education Services for Overseas Students (Notification of student default - requirements for a notice) Determination 2012 (No. 1)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This determination sets out what education providers must do when an overseas student defaults (stops meeting visa requirements, such as attending classes or maintaining satisfactory course progress).

When a default occurs, the provider must log details in PRISMS (the government's international student database) for each affected Confirmation of Enrolment (CoE). Specifically, they must enter:

The date the default occurred
The reason for the default (if known)

This ensures the government can monitor student welfare and activate protections under the Tuition Protection Service if the provider later closes or fails to deliver the course.

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Current sections

Direct links to the current provisions in Education Services for Overseas Students (Notification of student default - requirements for a notice) Determination 2012 (No. 1).

Education Services for Overseas Students (Notification of student default - requirements for a notice) Determination 2012 (No. 1)

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Education Services for Overseas Students (Notification of student default – requirements for a notice) Determination 2012 (No. 1)

Education Services for Overseas Students Act 2000

I, CHRIS EVANS, Minister for Tertiary Education, Skills, Science and Research, pursuant to subsection 47C(4) of the Education Services for Overseas Students Act 2000 (the Act), specify the requirements for a notice given under section 47C of the Act.

Dated 18th June 2012

CHRIS EVANS
Minister for Tertiary Education, Skills, Science and Research

1 Name of determination

This determination is the Education Services for Overseas Students (Notification of student default - requirements for a notice) Determination 2012 (No. 1).

2 Commencement

This determination commences at the same time as item 2 of the table under subsection 2(1) of the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012.

3 Definitions

In this determination:

Act means the Education Services for Overseas Students Act 2000.

CoE means a confirmation of enrolment for a course issued by a provider to an overseas student or an intending overseas student.

Course has the same meaning as it has in section 5 of the Act.

Default has the meaning as it has in section 5 of the Act.

PRISMS has the same meaning as it has under Regulation 1.03 of the Education Services for Overseas Students Regulations 2001.

4 Requirements for a notice of student default

For subsection 47C(4) the provider must enter, for each CoE, the information below into the specified fields in PRISMS.

(a) The date of the default

(b) The reason for the default (if known).

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Education Services for Overseas Students (Notification of student default - requirements for a notice) Determination 2012 (No. 1)