ANU INTERNATIONAL STUDENT
LEGISLATION
ESOS AWARENESS TRAINING
College of Engineering & Computer Science
August, 2015 ANU Internal Use Only
2
Training Purpose
• ANU has an obligation to “ensure that its staff
members who interact directly with students are
aware of the registered provider’s obligations
under the ESOS framework and the potential
implications for students arising from the
exercise of these obligations.”
(6.7 National Code).
Presentation Outline
1. Higher Education Regulatory Environment
i. TEQSA
ii. ESOS
iii. National Code
2. Compliance, Risk and Implications
3
Higher Education Regulatory Framework
Commonwealth Government
TEQSA
ESOS
The National Code
Part A Part B Part C
CRICOS
Part D
Standards
(1 – 15)
Tuition Protection
Service
4
Commonwealth Government
DoE/TEQSA
(ESOS Agency from 2016?)
ESOS
The National Code
Part C
CRICOS
Part D
Standards
(1 – 15)
Higher Education Regulatory Framework
5
DEFINITIONS:
• PRISMS: The tool that ANU uses to communicate with
the Federal Government relating to the enrolment of
students at ANU.
• CRICOS: Commonwealth Register of Institutions and
Courses for Overseas Students: ANU and ANU courses
(programs) that are permitted to be provided to students
on an international student visas in Australia.
• ECOE: Electronic Confirmation of Enrolment:
Certification of an International Student’s study status at
ANU.
Commonwealth Government
TEQSA
ESOS
The National Code
Part C
CRICOS
Part D
Standards
(1 – 15)
Higher Education Regulatory Framework
i. TEQSA
ii. ESOS
iii. National Code
6
- Tertiary Education Quality and Standards
Agency ACT 2011
- Regulates Higher Education Providers
Commonwealth Government
TEQSA
ESOS
The National Code
Part C
CRICOS
Part D
Standards
(1 – 15)
Higher Education Regulatory Framework
i. TEQSA
ii. ESOS
iii. National Code
7
- Benefits two groups
1. International Students on Student Visas
2. Education Institutions wanting to teach
overseas students
Commonwealth Government
TEQSA
ESOS
The National Code
Part C
CRICOS
Part D
Standards
(1 – 15)
Higher Education Regulatory Framework
i. TEQSA
ii. ESOS
8
1. Benefits for Students: • Minimum standards for the promotion and delivery of education in
Australia
• 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
Higher Education Regulatory Framework
i. TEQSA
ii. ESOS
9
1. Benefits for Educational Institutions: • Clear roles, responsibilities and obligations for international
students
• Ensuring the desirability of Australian Education Internationally
through minimum quality standards.
• Allows Institutions to monitor their students
Higher Education Regulatory Framework
i. TEQSA
ii. ESOS
iii. National Code
10
a) PART C: CRICOS
b) PART D: The Standards
Commonwealth Government
TEQSA
ESOS
The National Code
Part C
CRICOS
Part D
Standards
(1 – 15)
National Code
11
a) PART C: Commonwealth Register of
Institutions and Courses for Overseas Students
To be registered on CRICOS, a program must be:
• No more than 25% online or by distance; and
• Can be taken full-time (100% load) by an international student.
• ANU must have approval for each course offered to international
students and these courses must be listed on CRICOS
• ANU is a single National Registered CRICOS Provider 00120C
• CRICOS Course codes are location specific.
http://cricos.education.gov.au/
Higher Education Regulatory Framework
i. TEQSA
ii. ESOS
12
b) PART D. Standards • 15 Standards that roughly follow the student lifecycle.
Commonwealth Government
TEQSA
ESOS
The National Code
Part C
CRICOS
Part D
Standards
(1 – 15)
National Code Part D
13
Marketing and Recruitment
• Standard 1 - Marketing
• Standard 4 - Agents
Pre-Admission
• Standard 2 - Engagement
Arrival and Enrolment
• Standard 3 –
Enrolment formalisation
International
Student
Lifecycle
I
II
Post
Graduation –
employment /
further study
III Integrating
& studying
IV Course Progression
• Standard 10 – Course Progress
• Standard 12 – Course Credit
• Standard 13 – Deferment, Cancellation
Course Completion
• Standards 9
Changing Providers
• Standard 7 - Transfer
Student Services
• Standard 5 – U18
• Standard 6 – Support
• Standard 8 – Complaints and appeals
Information
Gathering and
Contacting
Agent
Application
process/
Enrolment
Process
Integrating and studying – Enrolment Process
STANDARD 3 - ANU must: • Enter into a signed written agreement with students that includes:
– services to be provided (courses, conditions of enrolment);
– fees payable (itemised);
– Refund policy and process for claims (under ANU or student default);
– Circumstances in which personal information is shared with others
(including the Australian Government); and
– Advise the student about obligation to notify ANU of change of
address after enrolment;
– “This agreement, and the availability of complaints and appeals
processes, does not remove the right of the student to take action
under Australia’s consumer protection laws”.
• Not accept course money prior to the agreement.
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II
Integrating and studying - U18 CAAW Students
STANDARD 5
• The signed CAAW letter results in ANU having a responsibility to the
Department of Immigration and Border Protection (DIBP) to ensure
that appropriate: accommodation, support, and general welfare
arrangements are in place while the student is:
– Under eighteen years of age
– Studying in Australia.
• Students issued with a CAAW letter should reside in
accommodation approved by ANU until the student turns eighteen;
• ANU should approve any changes to the accommodation of these
students.
15
III
Integrating and studying - Support
STANDARD 6 - ANU must:
• Provide an Orientation for students and help students access
study support and welfare-related services
• Have a critical incident policy and procedures;
• Free access to welfare-related support services
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III
Integrating and Studying - Orientation Programs
STANDARD 6.4 – Critical Incident:
• ANU must have a Critical Incident:
– Policy and associated procedures;
– Follow-up to the incident; and
– records and action taken.
• The National Code defines critical incident as ‘a traumatic event, or the threat of such
(within or outside Australia), which causes extreme stress, fear or injury’ and could
include:
– missing students;
– severe verbal or psychological aggression;
– death, serious injury or any threat of these;
– natural disaster; and
– issues such as domestic violence, sexual assault, drug or alcohol abuse.
• The critical incident policy should include contact information for the police and any
other organisations that may be able to assist in a given situation
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III
Integrating and studying –Complaints & Appeals
STANDARD 8: ANU must have a process that is independent,
immediately and easily accessible.
Internal complaints and appeals process that:
– requires a written record if the complaint or appeal cannot be resolved informally
(and a process for lodging)
– provides a student with the opportunity to formally present his or her case at
minimal or no cost
– allows the student to be assisted or accompanied by a support person
– provides a written statement of the outcome, including details and reasons for
the decision; and
– requires that processes begin within 10 working days of the provider receiving
the formal written lodgement
External arrangements for complaints or appeals to be heard and advise the student of
their right to access this service at minimal or no cost if the student is unhappy with the
internal outcome.
http://www.anu.edu.au/students/program-administration/assessments-exams/problems-appeals-complaints
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III
STANDARD 9, ANU must: • Ensure the student completes their course within the
timeframe of their CoE
• Ensure that students study at least one face-to-face course per
compulsory study period and no more than 25% of their entire
program can be by distance or online.
• COE Extensions can only occur under the following
circumstances:
– Compassionate or compelling circumstances (with evidence),
– ANU implementing its intervention strategy (to ensure course progress)
– An approved deferment or suspension of study.
• Excepting the above circumstances, students must complete
within COE course duration
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III Integrating and Studying – Student Enrolment
Integrating and Studying – Academic Progress
STANDARD 10, ANU must:
Identify, notify and counsel ‘at risk’ students (active Intervention)
• Monitor the academic progress of each student (ANU Policy: https://www.comlaw.gov.au/Details/F2014L00854)
• Implement Early Intervention strategies
(ANU Policy: https://policies.anu.edu.au/ppl/document/ANUP_006805)
• Report non-compliant students within given timeframes after
providing the complaints and appeals process (Standard 8)
has been exhausted.
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III
Unsatisfactory course
progress (Standard 10)
intention to report in writing,
(Incl why they are being reported, and how to
access appeals process)
+20 working days: Student can access
the provider’s complaints and
appeals process.
Complaint or Appeal
Received (standard 8)
<11 working days: Process commences following the formal
lodgement of the complaint or appeal.
written statement of the outcome
including details and reasons for the
decision.
www.anu.edu.au/students/program-administration/assessments-exams/problems-appeals-complaints
Integrating and Studying – Unsatisfactory course progress III
STANDARD 12, ANU must:
• Have documented procedures for granting and recording
course credit. (policy: https://policies.anu.edu.au/ppl/document/ANUP_000399)
• Change in course duration is communicated through PRISMS.
22
Integrating and Studying – Course Credit III
Credit form goes to College
Students advised by
relevant College of outcome
Successful students submits
ECOE form to their College
College sends approved
ECOE form to ASQO
Graph 1: Int’l Students who have already commenced looking to apply course
credit to their current degree.
STANDARD 13, ANU must:
• Have documented procedures for assessing, approving and
recording a suspension of study (only) on the grounds of:
– Compassionate and Compelling circumstances
– Misbehaviour by the student
• Communicate action through PRISMS and inform student that it
may impact their visa. Three CoE outcomes include:
– deferring or suspending without affecting the end date of the CoE
– deferring or suspending that will affect the end date of the CoE (a new CoE
is issued)
– Permanently cancel the student.
• If not student initiated, notify student that they have 20 working
days to access ANU’s internal complaints and appeals process. http://www.anu.edu.au/students/program-administration/program-management/program-leave-international-coursework-student
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Integrating and Studying – Defer or suspend III
STANDARD 14, ANU must:
• Provide suitably qualified and experienced staff in relation to the
functions that they perform, appropriate performance assessment and
ongoing development.
• Have appropriate premises and facilities for the course to support
positive student outcomes.
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III Integrating and Studying – Staff and Facilities
1. Higher Education Regulatory Framework
i. TEQSA
ii. ESOS
iii. National Code
2. Compliance, Risk and Implications
25
Compliance
Range of Penalties for non-compliance include:
• Fines - $10,000 per offence
• Sanctions
• CRICOS course removal
• CRICOS de-registration (cannot admit International Students)
• Higher Education Provider de-registration (cannot admit any
students)
• CEO/VC can go to prison
26
Implications for Staff
• Staff Dealing with International Students:
• Update CRICOS Provider code 00120C eg, email signatures
• Provide cautious advice to international students (especially
about their study options).
• Know the Critical Incident Policies and procedures:
– Policy: https://policies.anu.edu.au/ppl/document/ANUP_002606
– Procedure: https://policies.anu.edu.au/ppl/document/ANUP_002607
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Implications for Staff
Throughout the Lifecycle, ANU must: • Keep accurate student address and mobile phone
details (e.g. C/- is not acceptable) and request these
every 6 months.
• Ensure full time load (24 Units per teaching period)
• Action complaints immediately
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Implications for College Staff
• Check with ASQO for CoE related advice (eg extensions, special
consideration, enrolment load, study plans etc)
• Monitor progress/students at risk:
• full-time enrolment 48 units per academic year.
• Be aware that reduced load can mean not completing their course within the
expected duration.
• Ensure that International students do not enrol in online units or
distance education unless within accepted limits.
• Identify units/courses NOT available for International onshore
students.
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Implications for Research Supervisors
• International students enrolled in a research program must be
enrolled full time and have at least one supervisor at the location
where they are studying
• Monitor student progress to ensure that they complete their course
(thesis) within the expected duration
• Complete Supervisor/Candidate progress reports – place on File
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Student Responsibilities Student Visa (Subclass 573 and 574 Visas)
• Maintain full-time enrolment in a CRICOS registered program;
• Satisfy academic progress requirements;
• Inform ANU of Australian residential address upon arrival and when
they change address;
• Have visa length OSHC (health cover);
• Must maintain an active eCoE while studying in Australia;
• Must comply with all conditions of their visa.
31
Academic Progress and Intervention
Strategies
What does ANU offer to help students succeed academically?
• Access to support staff and academic college advisors
• Careers and Academic Skills advisors
• Health, Counselling and Disability Services
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Summary
• ANU operates in a regulated environment
• All staff must be aware of the legislation & regulatory environment
• There are severe penalties for non-compliance
• Records must be kept
• If asked a question by an international student and you don’t
know the answer, ask for help before giving advice.
33
STUDENT DEFAULT
Internal and
External
Appeals
Exhausted
+ 5 bus
days to
notify
Secretary
& TPS
Director
+9 days to
report
cancellation
of the
student's
enrolment
to DIBP
+14 days
to finalise
student
default
obligations
of the
written
agreement
+7 days to
report the
outcome
of the
student
default (via
PRISMS).
Who’s Who in the ANU:
eCoE Responsibilities at ANU
35
Student Lifecycle Stage Task Responsibility
Student Accepts Offer Create eCoE Admissions
Student Admitted Making changes to eCoE ASQO
Student Commences Cancelling eCoE
- Withdrawal
- Program Leave
- Student default
Extending eCoE
- Reduced study load
- Coursework student
- PHD student
- Program Leave
Transfer
- eCoE Cancel/Create
ASQO
SIS
ASQO
HDR (Admin)
ASQO
ASQO
Student Finishes Early Completion ASQO
Need evidence of Compassionate
and compelling circumstance
(e.g. medical certificate).
When to Contact ASQO for International Student Queries
• For enquiries related to US & Canadian Financial Aid Loan Applications
• For any Student Visa compliance enquiries • For leave of absence advice • For changes to eCoEs • Transfer to another university within 6 months of
commencing your studies at the ANU • Any questions about lodging a complaint or appeal
36
37
ASQO Contact Details
• Phone: 6125 1436
• Email: [email protected]
Division of Student Administration ANU Student Exchange Building (X-005) 121 Marcus Clarke Street (entry via Childers Street)
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