Printed copies of this policy are not controlled.
Always check the SIS to ensure this information is accurate.
Policy Name
International Students Compliance with ESOS Act Policy
Policy Group
Educational Policies > Students > International Students
Policy Reference Number ED.01.04.03 – 010
Purpose
This policy and procedure is to ensure CIT’s compliance with the Education Services for Overseas
Student Act 2000 (ESOS Act) and The National Code 2007.
Scope
All International Students on student visas in CRICOS registered courses.
Note: International Students in the context of this policy are limited only to those students subject
to the ESOS Act, that is, on a student visa. International Students more generally refers to the total
population of students who are not Australian Citizens and do not have permanent resident status.
Definitions
CoE
Confirmation of Enrolment
CRICOS
Commonwealth Register of Institutions and Courses for Overseas Students.
DEFAULT DATE
Default date is defined as the end of the second week of the course
commencement date, as determined by International Services Unit (ISU).
DEPT.
EDUCATION
Commonwealth Department of Education
Department of
Immigration and
Border Protection
Commonwealth Department of Immigration and Border Protection
ELICOS
English Language Intensive Courses for Overseas Students
ESOS Act
The Education Services for Overseas Students Act 2000 (ESOS Act) and
related legislation is designed to protect the interests of students coming
to Australia on student visas. The legislation aims to protect and enhance
Australia’s reputation for quality education, to provide tuition protection
and support the integrity of the student visa program.
International /
Overseas
A person (whether within or outside Australia) who holds a student visa,
other than one exempted by the ESOS Regulations 2001. Students on
other classes of visa are not included.
International Students Compliance with ESOS Act Policy
Contact officer: Senior Manager, International Services Unit
Date created: 22 February 2007
Page 1 of 6
Date updated: May 2014
Printed copies of this policy are not controlled.
Always check the SIS to ensure this information is accurate.
Students
Note: International Students in the context of this policy is limited only to
those students subject to the ESOS Act, that is, on a student visa.
International Students more generally refers to the total population of
students who are not Australian Citizens and do not have permanent
resident status.
International
Services Unit
(ISU)
Is responsible for the recruitment and ongoing support of international
students studying or intending to study at CIT.
The National
Code 2007
National Code of Practice for Registration Authorities and Providers of
Education and Training to Overseas Students 2007 (The National Code
2007). The National Code is a set of nationally consistent standards that
governs the protection of overseas students and delivery of courses to
those students by providers registered on the Commonwealth Register of
Institutions and Courses for Overseas Students (CRICOS).
Pastoral Care
Officer (PCO)
CIT Staff member appointed by Colleges as Pastoral Care Officer for
International Students.
Provider
(As defined in the ESOS Act) An institution or other body or person in
Australia that provides or seeks to provide courses to overseas students. To
provide courses, a provider must comply with State or Territory approval
requirements and become registered on CRICOS.
Student Visa
A visa granted under the Migration Act 1958 to overseas students. The
Department of Immigration and Border Protection administers the Act and
issuing of visas..
TPS Director
Tuition Protection Services Director
Principles
1. All activity related to provision of service to International Students will be in line with the ESOS
Act and related codes.
2. Pastoral Care Officers will ensure that at all times each student’s course load and progress is
such that the student is in a position to complete their program within the expected duration as
specified by the end of study date, in the International Student New and Continuing Lists.
3. The expected duration of study for each student must not exceed the CRICOS registered course
duration, except in circumstances described in principle 4 below.
4. Variations to the student’s expected duration may only occur when it is clear that a student will
not complete their program within the expected duration as a result of: Compassionate or
compelling circumstances. This could include but is not limited to:
a. serious illness or injury, where a medical certificate states that the student was
unable to attend classes;
b. bereavement of close family members such as parents or grandparents (Where
possible a death certificate should be provided);
International Students Compliance with ESOS Act Policy
Contact officer: Senior Manager, International Services Unit
Date created: 22 February 2007
Page 2 of 6
Date updated: May 2014
Printed copies of this policy are not controlled.
Always check the SIS to ensure this information is accurate.
c. major political upheaval or natural disaster in the home country requiring
emergency travel and this has impacted on the student’s studies; or
d. a traumatic experience which could include:
i. involvement in, or witnessing of a serious accident; or
ii. witnessing or being the victim of a serious crime,
iii. and this has impacted on the student (these cases should be supported by
police or psychologists’ reports);
e. where CIT was unable to offer a pre-requisite unit; or
f.
inability to begin studying on the course commencement date due to delay in
receiving a student visa; and
g. inability to study for a portion of a study period due to cultural reasons, eg.
arranged marriage.
h. CIT has implemented the intervention strategy described in the International
Students on Student Visas – CIT Program Progress Policy.
i. An approved deferment or suspension of study has been granted and meets the
requirements of the International Students Deferral, Suspension and Cancellation of
Enrolment Policy
5. ISU will report changes to expected duration through PRISMS and/or through issuing a new
CoE to the student and inform PCO. The Head of Department will not allow the student to
undertake more than 25 per cent of their total program by distance and/or online learning.
Further, the Head of Department will ensure that the student is not enrolled exclusively in
distance or online learning units in any semester.
6. If a student is granted credit, in accordance with the Skills Recognition Policy, which leads to
a time reduction of the student’s program, ISU must apply the following action:
-
If the credit is granted before the student visa grant, indicate the actual net program
duration in the CoE; or
-
If the credit is granted after the student visa grant, report the change of program
duration via PRISMS within 14 days;
-
Ensure that student signs or accepts in writing a record of course credit granted and
place it on the student file; AND
-
Inform the PCO of outcome.
7. If a student is not granted credit in accordance with the Skills Recognition Policy, ISU must
place evidence of the application and reasons for refusal on the student file.
8. International Students on Student Visas – CIT Program Progress Policy will be implemented
for all International Students on student visas.
9. International Students on Student Visas in ELICOS Programs – CIT Attendance Policy will be
implemented for all students enrolled in ELICOS programs (English Language programs) and
the ACT Year 12 program.
International Students Compliance with ESOS Act Policy
Contact officer: Senior Manager, International Services Unit
Date created: 22 February 2007
Page 3 of 6
Date updated: May 2014
Printed copies of this policy are not controlled.
Always check the SIS to ensure this information is accurate.
10. In addition to the above, the following applies to all international students and in particular
students under the age of 18 years:
-
That where an under 18 years of age international student is identified as at risk of
failing, teachers should inform Pastoral Care Officers using the International Student
Compliance Form, Manager International Pastoral Care and ISU immediately, so that
pastoral and academic support systems can be put in place; and that the Manager
International Pastoral Care can prepare a report for the Board of Management
(BOM) on a semester basis, detailing the number of at-risk international students
who required additional support; and
-
That at the end of each term, teachers forward academic progress reports for
international students under 18 years of age who may be at risk of failing to the
Pastoral Care Officer, who in turn submits this information to College Directors,
Manager International Pastoral Care and ISU for review and action.
11. The contact details for all International students are to be reviewed on a six monthly basis to
ensure they are accurate and up to date. This will be done by ISU prior to forwarding the
student their invoice each semester. All updates to ESOS requirements will be emailed to all
current students as this information is received by the ISU.
12. As per ESOS requirements, ISU must report to the Secretary and the TPS Director via PRISMS
of the student default of non-commencement of studies within 5 business days of the
default date. The default date is clearly identified on the student’s Letter of Offer.
Delegations
Delegation Manual
Delegation Number
Delegation
Delegate
Educational
15.06
Authorise the
admission of an
international student
to a CIT program
Authorise actions
required to ensure
compliance with
Department of
Immigration and
Border Protection
regulations
Authorise actions
required to ensure
compliance with ESOS
Act
General Manager,
CIT Solutions
15.07
15.08
International Students Compliance with ESOS Act Policy
Contact officer: Senior Manager, International Services Unit
General Manager,
CIT Solutions
General Manager,
CIT Solutions
Date created: 22 February 2007
Page 4 of 6
Date updated: May 2014
Printed copies of this policy are not controlled.
Always check the SIS to ensure this information is accurate.
Executive Endorsement
Version
Number
Date Endorsed by BOM or BOM
Delegate
Review Process (Initial Policy, Major
001
002
003
004
005
006
007
008
009
29 August 2002
22 February 2007
4 July 2007
July 2008
December 2009
March 2010
November 2010
5 August 2013
January 2014
Initial Policy
Major Review
Minor Review
Minor Amendment
Minor Amendment
Minor Amendment
Minor Amendment
Major Review
Minor Amendment
Review or Minor Amendment)
Review Date
This Policy is due for review by August 2017 or when changes to work practices or the Authority
Source noted below render the policy out of date.
Minor amendments do not alter the review date.
Documentation
Authority Source
The Canberra Institute of Technology Act 1987
National Code of Practice for Registration Authorities and Providers of
Education and Training to Overseas Students 2007 (The National Code
2007)
The Education Services for Overseas Students (ESOS) Act 2000 (as
amended in 2007)
Related Documents
International Course Guide
http://www.cit.act.edu.au/international/courses/
CIT Student Policies
Students Under 18 Years of Age Policy
Welfare Arrangements for International Students under the Age of 18
years Policy
International Students on Student Visas – CIT Program Progress Policy
International Students on Student Visas in ELICOS Programs – CIT
Attendance Policy
CIT Educational Policies (not on CIT website)
Skills Recognition Policy
The following Guides are available on CIT SIS:
International Students Compliance with ESOS Act Policy
Contact officer: Senior Manager, International Services Unit
Date created: 22 February 2007
Page 5 of 6
Date updated: May 2014
Printed copies of this policy are not controlled.
Always check the SIS to ensure this information is accurate.
International Student College Director Guide
International Student Head of Department Guide
International Student Pastoral Care Officer Guide
International Student Teacher Guide
International Student ELC Pastoral Care Officer Guide
International Student ELC Teacher Guide
International Student Compliance Form
Supporting Guide
National Code 2007 Explanatory Guide AEI electronic publication
Accountabilities
Policy Owner (Lead Coordinator:
General Manager, CIT Student and Academic Services
Responsible for major review and
any amendments and
recommends sign off by the Chief
Executive)
Contact Officer (Responsible for
input and advice to the policy)
Mandatory Consultation
Senior Manager, International Services Unit
Manager Student Support
Manager International Pastoral Care
Director, CIT Student Services
International Student Manager
I approve this policy.
____________________________________
Chief Executive
____________________________________
Date
International Students Compliance with ESOS Act Policy
Contact officer: Senior Manager, International Services Unit
Date created: 22 February 2007
Page 6 of 6
Date updated: May 2014