The Education Services for Overseas Students Code (the National Code) implements standards for schools that enrol international students and agencies providing services to international students.  Proposed changes to the National Code are expected to create a more streamlined system for education providers.   The proposed National Code changes are open for comments and suggestions until 5:00 pm AEST, Friday 10 March 2017.

Craig D’cruz, National Education Consultant at CompliSpace, notes that the changes that have been proposed seem to be a genuine attempt to streamline the current compliance requirements for schools.  The reduction of the current four sections (A-D) down to two sections (A-B) and the reduction of the 15 current standards to 11 will not only reduce the compliance burden on schools, the changes seem to better reflect and group the requirements of the Education Services for Overseas Students Act 2000 (ESOS Act). In addition, the language also seems to be a little more user friendly and in plain English. However, it is important to note that the National Code is not written specifically for schools and, as a result, schools need to ensure that documentation for parents and guardians is developed and presented as per the Code whilst also ensuring that students are kept informed.

What is the National Code?

The National Code sets standards and procedures for providers registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and for individuals who deliver education services on behalf of registered providers.  The National Code supports the effective administration of the ESOS legislative framework set by the Australian Government and state and territory governments.
The ESOS Act aims to:

• protect the interests of international students coming to Australia on student visas;
• protect and enhance Australia’s reputation for quality education;
• provide tuition protection; and
• support the integrity of the student visa program.

All CRICOS registered schools should already be familiar with the current National Code and have policies and procedures in place to comply with it.

The proposed changes

The latest proposed version amending the National Code is broken up into two parts: Part A and Part B.

Part A of the amended Code streamlines the previous parts A, B and C to provide an overview of the National framework and summarises the purpose and role of the National Code.  Some content of Parts C and D have been moved to the new Standard 11.

Part B includes the 11 Standards, which outline the compliance requirements for schools, education providers and agencies.   The 2007 National Code consisted of 15 standards. The new National Code has been reduced to 11 standards to help streamline the National Code and make it easier for providers to understand.  The proposed National Code completely amends Standard 11 and either transfers or removes parts of Standards 12-15 to other Standards in the proposed National Code.   

Proposed changes to the Standards

The following is a summary of the proposed 11 standards included in the proposed revised National Code:

Standard 1: Marketing information and practices - has been amended to clarify marketing practices of providers.  Amendments have been made to ensure that providers must not engage in false or misleading marketing practices, consistent with the provisions of the Australian Consumer Law. Marketing material must accurately identify work-based or work-integrated learning opportunities and prerequisites including English language requirements.

Standard 2: Enrolment of an overseas student - changes have been made to require providers to give students information, in plain English, on course content, mode of study, such as online and/or work related learning placements or requirements, assessment requirements and information on the policy and process for approving welfare and accommodation arrangements for students aged under 18 years, where applicable.

Standard 3: Formalisation of enrolment and written agreements - the changes relate to the information that providers must give students in their written agreements.  Changes ensure that students receive this information before enrolment and at the time they enrol.  Written agreements must still include information on any condition on enrolment and refund policies. Clearly, in a school environment, these changes will apply to enrolment contracts made with parents/guardians.

Standard 4: Education Agents - the changes to Standard 4 ensure that agents have appropriate knowledge and understanding of the international education system in Australia, including the agents' code of ethics.  The changes also allow for providers (such as a school) to take immediate corrective action or terminate the relationship with any agent or sub-contractor who engages in false and misleading conduct and does not deal with students honestly and transparently. Additionally, providers are not allowed to knowingly accept students from an agent who are also providing migration advice, unless authorised to do so under the Migration Act 1958 (Cth).

Standard 5: Younger Students - the amendments strengthen requirements for students aged under 18 years. The changes ensure a high standard of welfare is maintained during any under 18 students’ study in Australia focusing on accommodation arrangements and needs.  The amendments also ensure that student welfare and accommodation are maintained when transferring providers or during a break of those arrangements (such as holiday periods) to ensure the child is protected.  Providers must have a policy to manage critical incidents, including emergency situations and where welfare arrangements are disrupted.  The Standard acknowledges the state and territories’ child protection frameworks and requires providers to supply information to all students under 18 regarding who to contact in case of an emergency and how to report abuse.

Standard 6: Student Support Services - clarifies that providers must take all reasonable steps to provide a safe environment on campus.  Providers must have in place a documented policy and process to manage critical incidents that could affect a student's ability to complete the course.  Providers must give information to students regarding a range of support services, including:

• English language;
• health and legal services;
• complaints and appeal avenues; and
• online learning and employment assistance.

Standard 7:  Student Transfers - maintains the restriction on transfers for students within the first 6 months to prevent course hopping.  There are considerations providers must account for when assessing transfer requests which allows development of streamlined, systems-based process for providers to approve such requests though the existing departmental provider registration system.

Standard 8: Monitoring course progress and attendance - providers are required to monitor course progress to ensure the student can complete the course within the expected duration of the student visa.  If providers notice a student is not meeting the educational requirements of their visa, they must have documented policies and procedures in place to notify and assist the student, so the student can meet the requirements under their student visa.   Providers must also monitor student attendance to ensure international students are meeting the minimum attendance requirement of being present for 80 per cent of the scheduled contact hours and achieving satisfactory course progress. Another proposed change has been made so any breaches of a student's visa requirements are reported. This proposed change requires providers to:

• notify the student as soon as possible of the breach to their visa and that the provider intends to report the student for their breach;
• inform the student of the reasons for report;
• advise the student of their right to appeal and allow 20 working days to lodge an appeal in accordance with Standard 10; and
• where a breach of visa requirements is substantiated and the 20 working days for internal appeal has passed, providers must notify the breach to PRISMS in accordance with section 19(2) of the ESOS Act.

Note that schools should advise parents/guardians of these issues as well as the student.

Standard 9: Deferring, suspending or cancelling the student’s enrolment - contains no significant changes and is exactly the same as the 2007 National Code.

Standard 10: Complaints and appeals - this standard was previously Standard 8 and mirrors what is mentioned in the 2007 National Code.

Standard 11: Additional requirements - streamlining registration requirements which previously related to the ‘registration authorities’.  Registration Authorities have been replaced by the ESOS agencies following amendments made to the ESOS Act in December 2015.  Providers are required to seek approval from the ESOS agency for:

• course content and duration;
• number of overseas students enrolled at the provider, within the range approved by the ESOS agency;
• arrangements with other education providers and/or partnerships; and
• providers are required to seek any proposed changes to the aforementioned during their registration period.

Effects on Schools

Schools with CRICOS Registration who enrol international students need to be aware of the proposed changes to the National Code as, if there are no further substantive changes, they will be required to comply with the new compulsory standards once they have been confirmed.  Schools need to prepare for the upcoming changes so they comply with the new National Code.

Is your school prepared for the upcoming changes to the National Code?