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					Prepared by:
Monash International
September 2003




Staff Training Module on the
University’s obligations under the
The Education Services for
Overseas Students (ESOS) Act
2000
Contents

1.   Policy statement …………………………. 3
2.   Purpose …………………………………… 5
3.   Overview……………………………………7
4.   ESOS Act key areas………………………15
5.   Implications for Monash University………35
6.   Further questions and information……… 48
Policy statement

• Monash University is committed to achieving full
  compliance with the ESOS Act, National Code and the
  relevant sections of the Migration Act.
• An active compliance program supports this
  commitment across all faculties and units of the
  university.
Policy statement (cont)
• Monash International has the primary responsibility for
  the development and maintenance of the Monash
  University compliance environment.
• Faculties, Monash University departments and
  Monash International Units are responsible for
  ensuring compliance policies are properly
  administered and resourced.
Purpose of Training Module
• Monash acknowledges its obligation to “bring to the
  attention of staff dealing with overseas students their
  relevant responsibilities under the National Code, the
  ESOS Act 2000 and any relevant state requirements” (Para
  50 National Code).
• This training module is designed to provide information for:
    • New staff members unfamiliar with the requirements of
      the Act and Code
    • Existing staff members wanting to refresh their
      knowledge.
Further Training
• Robert Barrett, Manager ESOS and Visa Support and
 Compliance is available to brief departments and
 faculties as required (see slide 48 for contact details).
Overview - What is the ESOS Act 2000?

• Education Services for Overseas Students (ESOS)
  Act 1991 passed through Federal Parliament.
• Purpose: To ensure minimum standards for the
  promotion and delivery of education in Australia to
  overseas students.
• ESOS Act 2000, effective June 4, 2001.
Overview – Purpose of ESOS Act 2000
 The ESOS Act 2000 and National Code have the aims
 of providing:
• Quality assurance for overseas students by ensuring
  education or training meets nationally consistent standards
• Financial and tuition assurance for overseas students
• Assurance of integrity of the student visa program
• Powers to enable the Commonwealth to monitor and
  sanction providers as appropriate
 Overview - ESOS Act 2000 Summary

• National Code (Part 4 ESOS Act) is legally binding.
• Assurance Fund, public Universities exempt but
  not the commercial arms. (Part 5 ESOS Act).
• Commonwealth (Department of Immigration,
  Multicultural and Indigenous Affairs (DIMIA)) &
  (Department of Education Science and Training
  (DEST)) have increased monitoring and enforcement
  powers under the Act.
• Role of States as accrediting authorities unaffected.
 Overview - ESOS Act 2000 Summary

• Requires providers to use the Provider Registration and
   International Students Management System (PRISM) to
   generate an electronic Confirmation of Enrolment (eCOE)
   for intending overseas students.
• Commonwealth discretion not to register provider if reason
  to believe will not comply with Act or Code
• Record keeping. Act imposes requirements on providers
  for keeping of student records
Overview - The National Code
• Effective from 4 June 2001, a National Code was
  established under the ESOS Act.
• Established under s.37 of the ESOS Act 2000
•The Code is legally enforceable and all registered
  providers must comply with it.
• Purpose: to provide nationally consistent standards for
  Commonwealth Register of Institutions and Courses for
  Overseas Students (CRICOS) registration and for the
  conduct of CRICOS-registered providers (see slide 19).
Overview - Who is subject to the ESOS
Act and National Code?

The registered provider is responsible for its own
behaviour AND the behaviour of ALL:
       • Agents
       • Associates
Overview – Agent definition

Agent of a provider means a person (whether within or
outside Australia) who represents or acts on behalf of the
provider, or purports to do so, in dealing with overseas
students or intending overseas students.
Overview –Associate definition

Associate may include any of the following:
• spouse, de facto spouse, parent, child, sibling
• Officer of a company or related company
• Commercial arms of a Institution
• See s.6 ESOS Act
ESOS Act 2000 - Key Areas
1. Registration
2. Advertising, promotion and course
   information
3. Recruitment
4. Enrolment
5. Enforcement & penalties
6. Monitoring & searching
7. Provision of the services
Key Area 1 - Registration

•   Any provider of education and training that seeks to
    recruit, enrol or teach overseas students, or to advertise
    its ability to do so, must be registered on CRICOS.
•   The provider must be registered for each course it offers
    to overseas students and for each state or territory in
    which it offers the course.
•   CRICOS web address: http://cricos.dest.gov.au/
Key Area 1 - Registration

Registered providers have obligations once
registered, including:
   • Report associate’s breach of the Act.
   • Supply DEST with information
          • about accepted students.
          • concerning students in breach of student
              visa conditions.
   • Notify students of breach of visa conditions.
Key Area 1 - Registration

• A breach of these obligations, and others, is a breach
  of the ESOS Act.
• A breach of the Act will expose a registered provider
  (including the Chief Executive Officer) to penalty
  provisions.
Key Area 2 - Advertising, promotion and
course information
Providers and their agents must not promote a course to
overseas students unless it is registered on CRICOS.
• If a course is planned but not yet CRICOS registered,
  promotion is possible but must not:
   – Claim to provide the course
   – Offer the planned course or
   – Invite applications to the planned course
• All written materials and advertising must identify the
  registered provider and provider number (00008C).
Key Area 2 - Advertising, promotion and
course information
• Can only enrol overseas students in full-time courses.
 – See the Monash definition of full time at:
 http://www.monash.edu.au/international/ESOSinfo.htm
 • Distance study programs and part-time modes are
     not full-time courses.
• Students must attend classes.
• Must not mislead or deceive overseas students when
  recruiting or providing a course.
Key Area 2 - Advertising, promotion and
course information

• Marketing must be accurate, clear and unambiguous, so
  that students can make informed decisions.
• False and misleading comparisons must not be made with
  another provider or their courses.
• No inaccurate claims of association with any other provider
  or organisation, or inaccurate advice as to acceptance into
  another course.
Key Area 2 - Advertising, promotion and
course information

• Where a course is jointly provided, advertising must only
  occur with express permission of the registered provider
  and must identify the registered provider and their
  CRICOS provider number.
Key Area 2 - Advertising, promotion and
 course information
• A provider must not accept an overseas student for
  enrolment in a course unless it has given certain
  information to the student, including:
  General description of content.
  – Level of qualification/accreditation on completion.
  – Course duration.
  – Teaching methods (including any field trip or work
      experience requirements).
Key Area 2 - Advertising, promotion and
course information

 Information to the student cont:
• Assessment methods.
• If a course is jointly provided, the name of both providers
  and the location of course delivery.
• Details of refund policy.
• Any arrangements with other providers for recognition of
  the course or certain components.
Key Area 2 - Advertising, promotion and
course information

Information about the course cont:
A general description of the following, specifically available
to students undertaking the course:
• Facilities (e.g. classrooms, furniture, fittings).
• Equipment (e.g. AV teaching aids).
• Learning resources (e.g. reference texts and software).
Key Area 2 - Advertising, promotion and
course information

Information about the course cont:
• An itemised list of fees payable to the provider. This includes:
– Tuition fees, OSHC and amenities fees.
– It covers both mandatory and optional payments such as non
   mandatory fieldwork or the costs of on campus
   accommodation
Key Area 2 - Advertising, promotion and
course information
  A general description of cont.:
• The minimum level of English language proficiency,
  educational qualifications and work experience required for
  the student to be accepted.
• An accurate representation of the local environment,
  including location of campuses and indicative cost of living.
• Advice that any school-aged dependants accompanying
  them to Australia will be required to pay full fees if they are
  enrolled in either a government or non-government school.
Key Area 3 - Student recruitment and
placement

• Recruitment must be ethical and responsible.
• Recruitment must be for full-time study only.
• Proof that English assessment was carried out by
  suitably qualified person and must meet requirements
  of Migration Regulations.
• The regulations specify the minimum English
  language requirements to meet visa criteria
Key Area 4 - Enrolment
• Provision of information as required by paras 21-24
  National Code (see slides 23-26)
• Keep student records, including:
        • student’s academic performance
        • attendance records for non higher ed. courses
        • residential address (initial address and changes).
        • course money paid and copies of written
           agreements
• Student information to be given to DEST if student
  breaches visa condition.
Key Area 5 - Enforcement & penalties
ESOS Act contains strong enforcement provisions for breaches of
the Act and Code, including suspension or cancellation of provider’s
registration or 6-12 months imprisonment.

Offences include:
• Breach of record keeping requirements.
• Failure to identify registered provider in written material.
• Provision or offer to provide a course that is not genuine.
• Failure to comply with a production notice (ie a request from
  DEST for an individual to provide information).
• Giving false or misleading information.
Key Area 6 - Monitoring and Searching
Powers
• Monitoring and/or Search Warrants may be issued
  to search the premises of the registered provider, take
  photographs, inspect a document, take extracts or
  copies of the document.
Key Area 7 - Provision of the services

Registered provider obligations relating to educational
resources and facilities for the CRICOS registered courses:
• Teaching staff: Appropriately qualified and experienced.
• Teaching resources: Appropriate and adequate for number of
  students (including technological resources).
• Premises (see para 17,18 National Code):
       – Appropriate learning environment, including space
           and facilities.
       – Floor space requirements.
       – Notify students of relocation plans.
Key Area 7 - Provision of the services
• Student support services must be in place,
  including ensuring upon arrival , overseas
  students have access to information or
  counselling services in the following areas:
– Orientation.
– Academic progress.
– Further study.
Key Area 7 - Provision of the services

– Accommodation.
– Arrangements for students under 18 years of age.
Implications for Monash University

• Marketing & promotion
• Recruitment
• Admissions
• Enrolment/Student services
• University systems & procedures
• Risk management
Marketing and promotion
  No course will be included in the International Students Course
  Guides (both U/G and P/G) unless issued with or applied for a
  CRICOS code.
• Agents and associates must be trained in requirements of the
  ESOS Act and National Code.
• All publications intended for international students must include
  the required information.
• For further information contact Tanya Lyon, Manager Marketing,
  Monash International
 – Tanya.Lyon@monint.monash.edu.au; Ph: 58539
Recruitment- Agents
• Network of agents have been reviewed and new contracts
  drawn up.
• Applications no longer accepted from agents with whom
  Monash does not have agreements.
• New criteria for appointment of agents developed.
• Performance management system for agents in practice to
  monitor their advising, advertising and recruitment practices.
• For further information contact Jeffrey Smart, Manager
  Recruitment Services, ph 58582 or email:
  Jeffrey.Smart@monint.monash.edu.au
Admissions
• MI applies for CRICOS course registration on behalf of the
  university.
• Students need to be fully informed of provider obligations and
  their obligations.
• Confirmation of Enrolment into PRISMS (Provider Registration and
  International Students Management System) means DIMIA has
  electronic records of enrolment.
• eCOE must reflect accurate course duration.
• For information on CRICOS Registration contact Karen Allman,
  Admissions Officer (Fees) ph 58279 or email:
  Karen.Allman@monint.monash.edu.au
Enrolment / Student Services

Full Time Study:
• The full time study policy is available on this web site:
   http://www.monash.edu/international/ESOS
• For the purposes of the ESOS Act 2000 and the National
  Code, Monash University, as the accrediting body, defines
  full-time study/load as a minimum enrolment of 18 credit
  points per semester or 75% of the standard load (.375
  EFTSU).
Enrolment / Student Services

Full Time Study (cont):
• As a guide, international students should be enrolled
  in 24 credit points (0.5 EFTSU) for each semester of
  study unless faculty approval has been given for a
  minimum 18 credit point (.375) enrolment.
• Approval can only be given in exceptional
  circumstances (see full time policy on web site)
Enrolment / Student Services

Leave of Absence/Intermission:
• The National Code specifies that suspension of studies
  (intermission) can only be approved on exceptional
  compassionate grounds.
• Faculties are responsible for approving intermission.
• MI can provide advice about the visa implications of
  intermission and is responsible for reporting students who
  take intermission.
Enrolment / Student Services

Advanced Standing/Credit /Recognition of Prior
Learning (RPL):
• Provider must have a formal process for conducting and
  recording credit (para 31 National Code).
• Faculties should only award credit if a student can be
  enrolled in full time study (para 33 National Code).
Enrolment / Student Services

Advanced Standing/Credit /Recognition of Prior
Learning (RPL):
• If credit is given prior to visa grant leading to a shortening
  of a course, the eCOE must reflect course duration (Para
  32.1 National Code)
• If credit is granted post visa grant, the changed duration
  must be reported via PRISMS (para 32.2 National Code).
Enrolment / Student Services

Repeating failed units:
• An international student can repeat a unit once only as a
  final semester part time student (Para 40 National Code).
• A student can repeat a unit more than once while in a full-
  time course of study, where there are reasons to allow this.
• If an international student is required to repeat a
  prerequisite unit mid-course, a student should repeat the
  prerequisite unit together with other units so that they are
  undertaking a full-time load.
University systems
• The CRICOS application procedure is available on MI web site.
• Consistency of information through the university Course
  Administration System (CAS).
• Regular audits to identify applications for non-CRICOS courses,
  prior to offer.
• Package courses (where a COE is issued for a preliminary and
  principal course enabling a visa to be issued for the duration of
  both courses) require course data on Callista two years in
  advance.
University systems (cont)
• Reports being developed to identify international students
  at risk re: progression issues relevant to ESOS.
• Warnings on Callista to advise students that changes to course
   load may have visa implications.
Risk Management
• MU as the registered provider must ensure that it will not be
  in breach of the ESOS Act, the National Code or any
  provider registration conditions.
• ESOS guidelines (available on this web site) give direction
  as to how policy and procedures can be made ESOS
  compliant.
• Internal reviews and audits to minimise exposure in the
  event of full compliance audits.
• Attention needs to be given to improving student retention
  rates.
Further Questions & Information
If you have any questions or for further information,
please do not hesitate to contact
• Robert Barrett, Manager, ESOS and Visa Support and
   Compliance at: Ph 58292 or email:
   Robert.Barrett@monint.monash.edu.au
• Monash International ESOS Web site:
http://www.monash.edu.au/international/ESOSinfo.htm
• DEST:http://www.dest.gov.au/esos/#faq
• National Code:http://www.dest.gov.au/esos/#Code

				
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