National Code of Practice for Providers of Education and Training to Overseas Students 2018
Standard 7Standard 7
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Standard 7
Overseas student transfers
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Registered providers must not knowingly enrol an overseas student seeking to transfer from another registered provider’s course prior to the overseas student completing six months of his or her principal course (or for the school sector, until after the first six months of the first registered school sector course), except where any of the following apply:
- the releasing registered provider, or the course in which the overseas student is enrolled, has ceased to be registered
- the releasing registered provider has had a sanction imposed on its registration by the ESOS agency that prevents the overseas student from continuing his or her course at that registered provider
- the releasing registered provider has agreed to the overseas student’s release and recorded the date of effect and reason for release in PRISMS
- any government sponsor of the overseas student considers the change to be in the overseas student’s best interests and has provided written support for the change.
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For the purposes of Standard 7.1.3, the registered provider must have and implement a documented policy and process for assessing overseas student transfer requests prior to the overseas student completing six months of their principal course (or for the school sector, until after the first six months of the first registered school sector course). The policy must be made available to staff and overseas students, and outline:
- the steps for an overseas student to lodge a written request to transfer, including that they must provide a valid enrolment offer from another registered provider
- circumstances in which the registered provider will grant the transfer request because the transfer is in the overseas student’s best interests, including but not limited to where the registered provider has assessed that:
7.2.2.1 the overseas student will be reported because they are unable to achieve satisfactory course progress at the level they are studying, even after engaging with that registered provider’s intervention strategy to assist the overseas student in accordance with Standard 8 (Overseas student visa requirements)
7.2.2.2 there is evidence of compassionate or compelling circumstances
7.2.2.3 the registered provider fails to deliver the course as outlined in the written agreement
7.2.2.4 there is evidence that the overseas student’s reasonable expectations about their current course are not being met
7.2.2.5 there is evidence that the overseas student was misled by the registered provider or an education or migration agent regarding the registered provider or its course and the course is therefore unsuitable to their needs and/or study objectives