Younger overseas studentsYounger overseas students

Younger overseas students

1. Where the registered provider enrols a student who is under 18 years of age, it must meet the Commonwealth, state or territory legislation or other regulatory requirements relating to child welfare and protection appropriate to the jurisdiction(s) in which it operates.
2. Registered providers must ensure students under 18 years of age are given age-and culturally-appropriate information on:
   1. who to contact in emergency situations, including contact numbers of a nominated staff member and/or service provider to the registered provider
   2. seeking assistance and reporting any incident or allegation involving actual or alleged sexual, physical or other abuse.
3. Where the registered provider takes on responsibility under the Migration Regulations for approving the accommodation, support and general welfare arrangements (but not including guardianship, which is a legal relationship not able to be created or entered into by a registered provider) for a student who is under 18 years of age, the registered provider must:
   1. nominate the dates for which the registered provider accepts responsibility for approving the student’s accommodation, support and general welfare arrangements and advise Immigration, which is responsible for administering the Migration Regulations, of the dates in the form required by that department
   2. ensure any adults involved in or providing accommodation and welfare arrangements to the student have all working with children clearances (or equivalent) appropriate to the jurisdiction(s) in which the registered provider operates
   3. have and implement documented processes for verifying that the student’s accommodation is appropriate to the student’s age and needs:

5.3.3.1 prior to the accommodation being approved

5.3.3.2 at least every six months thereafter.

1. include as part of their policy and processes for critical incidents under Standard 6 (Overseas student support services), a process for managing emergency situations and when welfare arrangements are disrupted for students under 18 years of age

2. maintain up-to-date records of the student's contact details as outlined in Standard 3.5, including the contact details of the student’s parent(s), legal guardian or any adult responsible for the student’s welfare

3. advise Immigration in the form required by that department:

   1. as soon as practicable if the student will be cared for by a parent or nominated relative approved by Immigration and a Confirmation of Appropriate Accommodation and Welfare (CAAW) is no longer required
   2. within 24 hours if the registered provider is no longer able to approve the student’s welfare arrangements

4. have documented policies and processes for selecting, screening and monitoring any third parties engaged by the registered provider to organise and assess welfare and accommodation arrangements.

5. If the registered provider is no longer able to approve the welfare arrangements of a student, the registered provider must make all reasonable efforts to ensure that the student’s parents or legal guardians are notified immediately.

6. If the registered provider is unable to contact a student and has concerns for the student’s welfare, the registered provider must make all reasonable efforts to locate the student, including notifying the police and any other relevant Commonwealth, state or territory agencies as soon as practicable.

7. Where Standard 5.3 applies and the registered provider suspends or cancels the enrolment of the overseas student, the registered provider must continue to approve the welfare arrangements for that student until any of the following applies:

   1. the student has alternative welfare arrangements approved by another registered provider
   2. care of the student by a parent or nominated relative is approved by Immigration
   3. the student leaves Australia
   4. the registered provider has notified Immigration under Standard 5.3.6 that it is no longer able to approve the student’s welfare arrangements or under Standard 5.5 that it has taken the required action after not being able to contact the student.

8. If the registered provider enrols a student under 18 years of age who has welfare arrangements approved by another registered provider, the receiving registered provider must:

   1. negotiate the transfer date for welfare arrangements with the releasing registered provider to ensure there is no gap
   2. inform the student of their visa obligation to maintain their current welfare arrangements until the transfer date, or have alternate welfare arrangements approved or return to their home country until the new approved welfare arrangements take effect.