School Logo Name of School CRICOS REGISTRATION POLICIES AND PROCEDURES COLLATED BY: UPDATED BY: Version # 1 Date: Updated: 1 July 2010 Location of Copies: ………. ………. ………. p. 1 CONTENTS 1. CRICOS responsibilities and Written policy about code of ethics 2. Marketing information and practices 3. Checklist for Marketing information and practices 4. Policy about written entry requirements for registered courses 5. Statement regarding course credit 6. Procedure for assessing student’s qualifications, and language proficiency 7. Written refund policy 8. Policy and procedures for deferring, suspending or cancelling a student’s enrolment 9. Transfer policy 10. Complaints and appeals policy 11. Welfare and accommodation policy 12. Written agreements 13. Policy about education agents and providing up to date materials 14. Processes for monitoring activities of education agents 15. Critical incident policy and procedures 16. (a) Monitoring of course progress to complete course within expected duration course progression) (b) Course progress policy and procedures for monitoring, intervention and reporting (c) Attendance policy and procedures for monitoring, intervention and reporting 17. Other intervention processes for overseas students 18. Overseas student orientation program 19. Staff orientation/induction to ESOS framework 20. Staff capabilities, educational resources and premises 21. Appendices 1. Marketing / Pre-enrolment materials 2. Written agreement 3. Written education agency agreement and other documents related to management of education agents 4. Student handbook 5. Further Information attached: School accommodation options 6. Copies of administrative documents –letters and pro formas (excluding documents for management of education agents) 7. Checklist / Records of other documents 8. Master copies of School policies 9. Websites (Compliance) 10. Websites (Other) 11. Acronyms This template is prepared to assist Catholic schools in Queensland Disclaimer: Much of the information herein has been provided by industry sources, or has been collated from within the public domain. No warranty or guarantee is or can be given by QCEC or any member of staff and no liability is or can be accepted for any loss or damage resulting from any person relying on or using the information contained Updated: 1 July 2010 p. 2 5 8 9 12 15 16 17 21 27 36 43 49 56 66 68 76 87 88 93 95 97 98 99 100 101 102 103 114 115 116 116 119 NOTES: The first complete draft of this Handbook was made available to Queensland Non-Government Schools on 14 December 2007 by the Queensland Non-Government Schools International Education Co-operative. The QNGSIEC again revised the document prior to updating the version which appeared on the QNGSIEC CD of Resources for 2008. This version had minor changes to wording in the Complaints and appeals sample policy and has some typing corrections. The main changes for the May 2009 version were website updates; including rather than referring to ISCA policies, and adding permission to access VEVO to the written agreement. The May 2009 version also included an updated Transfer policy to reflect the current interpretation of Queensland E(OS) Reg 98 s 10. There was also an additional section added to the Welfare and accommodation policy to include Qld policy requirements for homestay. Changes to the 2009 version are highlighted in yellow. Changes in the April 2010 version are highlighted in green. This version reflects regulatory changes since the 2009 version and the dissolution of the Queensland Non-Government Schools International Education Co-operative at the end of 2009. Schools are asked to note that further changes to ESOS Regulations are anticipated and possibly other legislation that may require Handbook updates. Small changes have been made in the July 2010 version of this handbook, highlighted in grey. It has not been possible to highlight (i) fixing the arrows in the diagram on p.32 so the “Student does not appeal” box leads to the bottom box, and (ii) changing bullet points to a), b) and c) on p. 37. A note has been added re the new ACL to the introductory section for Written Agreements p.49, and a web link has been updated p.117.Some references to QNGSIEC have been removed. In all cases in this Handbook, the term “student”, where relevant, includes the student’s parents(s) / legal custodian if the student is under18 years of age. When compiling this Handbook, Schools are asked to note that customisation is required. Schools may change suggested procedures to suit, and add or omit sections at will. To assist with customisation, the following “flags” have been used: A. Insertions in italics which appear in red e.g., “Enter details of….” or “Name of School” require some attention in terms of adding information. B. All wording may be changed to suit school circumstances, but attention is drawn to wording which appears in red as this is suggested wording which Schools are more likely to wish to change. The Handbook has page breaks inserted between sections. This is to facilitate policy and section updates and distribution of sections to relevant staff as necessary. It is advised that an up-to-date master copy of the document with attached CRICOS Registration documents and samples of marketing materials, handbooks, etc., be filed for audit purposes. An extensive list of Appendices is included for filing of master copies of documents for audit purposes and registration records. Relevant legislative references have been given throughout the template. In most cases these will be to the Standards for Providers in Part D of the 2007 National Code of Practice: http://www.aei.gov.au/AEI/ESOS/NationalCodeOfPractice2007/National_Code_2007_pdf.pdf (e.g., NC D St...) or to the Queensland Education (Overseas Students) Regulation 1998: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EducOverStuR98.pdf (e.g., E(OS) Reg 98 s..). Reference may also be made on occasion to the ESOS Act 2000: http://www.aei.gov.au/AEI/ESOS/ESOSLegislation/default.htm , as is the case for refunds. Updated: 1 July 2010 p. 3 Tip: To update page numbers in the “Contents” List, click within the list so the entire list is highlighted; then click within the highlighted area, and choose “update field”. This will give the option of updating page numbers only or other changes you have made. For information or queries about CRICOS registration, policies or procedures, please contact the International Quality Unit (CRICOS) e: cricosreg@deta.qld.gov.au Tel: (07) 3225 2442 CRICOS documents can be downloaded from the International Quality Unit website: www.education.qld.gov.au/internationalquality Schools are also referred to the “National Code 2007 Transition support handbook for non-government schools enrolling full fee paying students” available at www.isca.edu.au and websites related to compliance in Appendix 9. Updated: 1 July 2010 p. 4 1. CRICOS responsibilities and Written policy about code of ethics E(OS)Reg 98 s11 ESOS Act 2000 s9 & s9A Name of School is bound by the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 under its registration on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). In order to be registered on CRICOS Name of School is required to a) have the principal purpose of providing education; and b) clearly demonstrate capacity to provide education of a satisfactory standard. Evidence of Name of School’s ability to meet these requirements is provided in (i) the school’s Annual Report to Commonwealth and State governments, available at: www: …………….. (ii) Non State-Schools Accreditation Board documentation – the school’s Cyclical Review Report and NSSAB confirmation letter. Name of School’s CRICOS Registration details: CRICOS Provider No: ………… CRICOS Course No: …………… CRICOS Course No: ……………. CRICOS Course No: ……………. Period of CRICOS Registration: --- / / ---- to -- / /-- Name of School is registered to enrol a maximum of XX Full Fee Paying Overseas Students (FFPOS). N.B., Calculations regarding capacity should include Confirmations of Enrolment (CoEs) for current students as well as approved and visa granted CoEs for future students. The Principal Executive Officer (PEO) appearing on the CRICOS website (http://cricos.deewr.gov.au ) in School Contact Details is: Name of Officer Role [If relevant] Additionally, the School PEO has signed a “Delegated Responsibility for Register Information Form” for : Name of Officer Role The following Staff members have access to PRISMS: Name of Officer(s) Updated: 1 July 2010 Role(s) p. 5 It is the responsibility of the following officer to notify the International Quality Unit (CRICOS) and all overseas students enrolled of any intention to relocate premises at least 20 days before the relocation. Name of Officer NC D St 14.3 Role It is the responsibility of the following officer to advise the International Quality Unit (CRICOS) in writing of NC D St 15.1.a a) any prospective changes to the ownership of the School as soon as practicable prior to the change taking effect, and NC D St 15.1.b b) any prospective or actual change to a “high managerial agent” of the School as soon as practicable prior to the change taking effect, or within 10 working days where the change cannot be determined until it takes effect, and NC D St 15.2 c) any information on the new owner or high managerial agent as per section 9(6) of the ESOS Act Name of Officer Role The following Staff member(s) is the designated official point of contact for overseas students: NC D St 6.5 Name of Officer(s) Role(s) These staff members undertake the following roles and responsibilities in relation to overseas students: Staff Member in this Role Area of Responsibility for Overseas Students NC D St 6 Method to Contact / make Appointment Orientation on arrival ESL Support Other tutorial support Academic and Careers Counselling Personal Counselling Monitoring of homestay / accommodation /care arrangements Complaints and appeals Visa / Passport issues OSHC [Enter details of support services – some examples are given above – and how students receive this information, eg in Student Handbook, during Orientation] Information about the roles of support services and staff in the School, including how to access services, is Updated: 1 July 2010 p. 6 given to students: ………. …….... The following staff member is responsible for keeping details in Section 1 and on the CRICOS website up to date: Name of Officer(s) Role(s) Information in this section should be checked and updated whenever there is a change of staff member in the roles above. THIS SECTION WAS LAST UPDATED BY ………………. ON --/--/-- [Optional: Attach copies of school and course details currently on CRICOS Website. This can be done by using the Print Screen function key (PrtSc).] Updated: 1 July 2010 p. 7 NC D St 1 NC D St 1.1 2. Marketing information and practices Name of School markets its education and training services ethically and in a professional manner to maintain the integrity and reputation of the international education industry. Name of School’s marketing materials do not make false claims or provide misleading information about itself, its courses or course outcomes, including: NC D St 1.2.b Claims of associations between providers Employment outcomes associated with a course Automatic acceptance into another course Possible migration outcomes The School’s Legal Entity Name [and School Trading Name if relevant] and CRICOS Number appear on all School written marketing and other required materials, as below , including in electronic form, as required by the 2007 National Code in the following format: [Enter in format used by school, e.g.,] NC D St 1.2.a Legal Entity Name t/a School Name CRICOS Number: This information is provided to students prior to enrolment and is provided in the following ways: [give references to locations this can be found e.g., on website, in enrolment information package, etc.] ………. …….... See Appendix 1 for copies of Name of School’s pre-enrolment and marketing materials The following staff member / department is responsible for reviewing and updating marketing materials: Name of Department / Officer(s) Role(s) Information in this section should be checked and updated whenever there is a change of information in the Checklist, e.g., a change in course registration, in regulations relating to information in the checklist, or when new marketing materials are produced. THIS SECTION WAS LAST UPDATED BY ………………. ON --/--/-- MARKETING MATERIALS WERE LAST REVIEWED AND UPDATED BY ……………. Updated: 1 July 2010 ON --/--/-- p. 8 3. Checklist for Marketing information and practices NC D St 1 St 2 1. Registered Provider Name (legal entity name as registered on CRICOS [and trading name of School if relevant] ) and CRICOS number are provided on: (NC D St 1) school website written marketing materials (printed and electronic) any other materials listed below THE FOLLOWING INFORMATION IS PROVIDED TO A STUDENT PRIOR TO ENROLMENT: Please note new formatting and some new items: REQUIREMENT 2. Requirements For Acceptance Into A Course Minimum level of English language proficiency HOW INFORMATION IS GIVEN (NC D St 2.1.a and E(OS)Reg 98 s6) educational qualifications (NC D St 2.1a and E(OS)Reg 98 s6) advice as to whether course credit is applicable (NC D St 12) 3. Course information (NC D St 2.1.b) course content and duration qualification / exit statement offered modes of study assessment methods 4. Campus information (NC D St 2.1.c) campus location(s) general description of facilities, equipment, learning and library resources available to students 5. Arrangements with other providers (NC D St 2.1.d) Details of any arrangements with another provider to provide the course or part of the course 6. Fees information (NC D St 2.1.e) indicative course-related fees Updated: 1 July 2010 p. 9 advice for the potential for fees to change during the student’s course applicable refund policies (see also NC D St 3) 7. Grounds on which a student’s enrolment may be deferred, suspended or cancelled (NC D St 2.1.f , see also NC D St 13) Deferment, suspension and cancellation policy Behavioural policy/Code of Conduct [recommended inclusion] Information regarding ‘exclusion from class’ if applicable (see ISCA Transition handbook www.isca.edu.au Standard 13 FAQ 12) 8. Description of the ESOS framework (NC D St 2.1.g) DEEWR description of the ESOS framework (See http://aei.deewr.gov.au/AEI/ESOS/QuickInfo/ESOS_F rameWork_pdf.pdf) 9. Relevant information on living in Australia (NC D St 2.1.h) indicative costs of living accommodation options where relevant, schooling obligations and options for dependants, including possibility of school fees 10. Complaints and appeals policy (NC D St 8 and E(OS)Reg 98 s8) Provided to students prior to enrolment Provided to students again after arrival 11. Welfare and accommodation arrangements [recommended inclusions] (NC D St 5 and E(OS)Reg 98 s9) Condition for under 18 year old students to maintain adequate welfare and accommodation arrangements (If school is issuing the CAAW) Advice to under 18 year old students not to travel to Australia before start date of CAAW arrangements 12. Student transfer request assessment policy (NC D St 7 and E(OS)Reg 98 s10 [recommended inclusion] Policy must be available to staff and students Updated: 1 July 2010 p. 10 ( NC D St 7.2) Course Progress and Attendance Policy (NC D St 10 and St 11) [recommended inclusion] Documented course progress policy and intervention strategy must be available to staff and students (NC D St 10.2 & 10.4) Documented attendance policy and procedures must be available to staff and students (NC D St 11.3) THIS CHECKLIST WAS LAST UPDATED Updated: 1 July 2010 BY ………………. ON --/--/-- p. 11 NC D St 2.a 4. Policy about written entry requirements for registered courses E(OS)R eg 98 s6 NC D St 2.a Name of school informs intending students of all requirements for acceptance into a course, and assesses applications for enrolment according to School procedures to determine appropriateness of educational qualifications, experience and English language proficiency for the course for which enrolment is sought. St 2.2 E(OS)R eg 98 s6 NC D St 2.1 This information is provided to students prior to enrolment and is provided in the following ways: [give references to locations this can be found e.g., on website, in enrolment information package, etc.] ………. …….... See also Point 6. below for School’s Procedure for assessing student’s qualifications, and language proficiency See Appendix 8 / below for a copy of the School’s Policy about written entry requirements for registered courses The following staff member / department is responsible for reviewing and updating written entry requirements and processes: Name of Department / Officer(s) Role(s) Information in this section should be checked and updated whenever there is a change in admissions procedures, English levels for entry to mainstream classes or in regulations about entry requirements or for entry requirements for AL 3 and 4 countries. THIS SECTION WAS LAST UPDATED BY ………………. ON --/--/-- POLICY ON ENTRY REQUIREMENTS WAS LAST UPDATED ON BY ………….. ON --/--/-- [Optional: Insert copy of entry requirements here or list and attach in Appendix 8: Master Copies of School Policies The following is an example modified from that previously provided to Queensland Non-Government Schools in the QNGSIEC International Handbook: Getting Registered: the CRICOS Registration Process. This sample policy has been provided to the International Quality Unit (CRICOS) for checking.] 1) Name of School will consider enrolment applications from students wishing to apply for a Student Visa, subject to compliance with minimum requirements and conditions set by the School, and with legislative requirements of the State of Queensland and the Commonwealth of Australia, including any requirements to undertake extra tuition to learn English to meet the English language proficiency Updated: 1 July 2010 p. 12 standard needed to enter mainstream classes. 2) Applications for enrolment must be made on [Insert name of form]. This must be correctly completed, and must be accompanied by the following documents to support the application: o Copies of Student Report Cards from the previous X years of study, including a copy of the latest Student Report; o A completed Reference Form from the student’s current or most recent school Principal is also required if student Report Cards do not record student behaviour or commitment to studies; o A completed Subject Choices Form if appropriate ; o Appropriate proof of identity and age; o Written evidence of proficiency in English as a second language o Photocopy or scanned copy of passport page with name, photo identification, passport number and expiry date [Other documents may also be required, e.g.,] o Completed Homestay or Boarding Application Form o Enrolment Application Fee o Application for Course Credit if School grants Course Credit 3) Where the above documents are not in English, certified translations in English are required, with necessary costs to be met by the applicant. 4) An application for enrolment can only be processed when all of the above are in the hands of the Admissions Officer. 5) Applications from overseas students are processed according to established policy and procedures, and are dealt with on their merits. 6) Assessment procedures include an evaluation of reports from previous schools and of English language proficiency. In cases where report cards are not available or are inconclusive for any reason, the school may require relevant testing of the applicant to assess the application. Minimum academic and English language requirements are as follows: Academic Requirements Students must provide evidence of satisfactory academic performance appropriate to entry to the Year level requested on the Application for Enrolment or offered as an alternative point of entry by the school in a Letter of Offer. Updated: 1 July 2010 p. 13 [Schools should indicate minimum academic performance requirements, e.g.,] o For Primary School: - Evidence of application to school work and age-appropriate achievement in literacy and numeracy areas of the curriculum o For Year 8 – 12 students: - A pass level or “C” grade or better for the majority of core subjects English Language Proficiency Requirements Name of School requires evidence of sufficient proficiency in English to successfully meet the curriculum demands of the enrolled course. This is a requirement under the 2007 National Code of Practice, Section D Standard 2. Evidence of English Language Assessment must meet the requirements of the Migration Regulations where required. In the case of AL4 applicants 16 years of age or older, as of 1 April, 2004, Migration Regulations must be met. This evidence may be presented as evidence of previous study in English as the medium of instruction, or as results of an acceptable English language proficiency test. Where Migration Regulations do not apply, Name of School accepts results from the following test instruments: Acceptable Test Minimum Test Result For Entry to Year 10 11 12 Students should note that if their language proficiency is below that outlined above, they may be required to undertake an intensive English language course before beginning mainstream studies. Students wishing to enter the school below year 10 level are assessed individually based on the contents of their report cards and personal references, and may also be required to undertake a language proficiency test set by the school. Updated: 1 July 2010 p. 14 NC D St 2.1.a St 12 5. Statement regarding course credit Schools decide which option Either: Name of school does not offer course credit and entry into any course is subject to the assessment of the school. This also applies to on-shore school transfers, either within the state or from interstate. Or Name of school will assess all applications for entry into the School. Course credit may only be offered as outlined below. For students transferring from interstate up to year 10, the school does not offer course credit and entry into any course is subject to the assessment of the school. For students transferring from interstate in Year 11 and the beginning of year 12, the student may receive course credit for units completed based on evidence provided of studies undertaken under the relevant state or territory curriculum assessment authority or nationally accredited framework NC D St 12 If the School does grant course credit, then this is included: These staff members undertake the following roles and responsibilities in relation to documenting and recording course credit Staff Member Action Role of Staff Member Assessment of student enrolment application to decide course credit due Role of Staff Member Verification of evidence provided Role of Staff Member Provision of record of course credit granted to student and placement of signed copy, i.e., acceptance by student, on student file. (If course duration is in any way reduced because of granting of course credit, see NC D St 12.2) This information is provided to students prior to enrolment and is provided in the following ways: [give references to locations this can be found e.g., on website, in enrolment information package, etc.] …….... The following staff member / department is responsible for reviewing and updating the School’s policy and statement about course credit: Name of Department / Officer(s) Role(s) Information in this section should be checked and updated if there is a demand demonstrated in student applications and in response to any relevant changes in legislation. THIS SECTION WAS LAST UPDATED BY ………………. STATEMENT ON COURSE CREDIT LAST UPDATED Updated: 1 July 2010 BY ………………. ON --/--/-- ON --/--/-- p. 15 NC D St 2.2 6. Procedure for assessing student’s qualifications, and language proficiency [Adjust diagram to suit school process] Admissions Office E(OS)Reg 98 s6 Completed enrolment application documents are received. These include: Check if placement is available Check documentation is complete Request any documentation outstanding Advise family if no placement available [School requirements to be listed] Completed enrolment application Create application file Indicate placements which might be available Application file circulated for assessment REF: English language and academic entry requirements, [if applicable] granting of course credit ESL teacher for assessment of ESL support required if student is from a culturally and linguistically diverse background Appropriate Head of SubSchool/Academic Dean for assessment of academic history and conduct Principal/ Deputy Principal Application approved Application not approved Interview required Admissions Office Confirm recommended placement is available Confirm documentation and consultation process is complete Follow up any academic or management requests Finalise documentation form Signed agreement all policies and conditions have been understood and accepted Completed medical information form Certified transcripts of academic records from last two years of schooling Certified evidence of date of birth Letter of recommendation or statement of student behaviour from previous school principal (if not included with academic records) Copy of passport details Copy of English language test/evidence English language proficiency Completed form for request for Special Assistance/Programs Completed accommodation application Advise outcome of application and complete enrolment process if application is accepted THIS DIAGRAM WAS LAST UPDATED BY ………………. Updated: 1 July 2010 ON --/--/-- p. 16 NC D St 2.1.e St 3.1.c St 3.2 ESOS Act 2000 s27 & s28 E(OS)Reg 98 s7 7. Written refund policy Name of School refunds course monies in accordance with requirements under Commonwealth and state legislation. Information on the School’s refund policy is provided to students prior to enrolment and is part of the written agreement between the student and the school. The Refund Policy appears in School documentation in a) Pre-enrolment information (See Appendix 1) b) the School’s Written Agreement (see Appendix 2) NC D St 2.1.e St 3.1 c) ………… d)………… [Also give references to any other locations this can be found e.g., on website, in enrolment information package] See Appendix 8 / below for a copy of the School’s Written refund policy The Bursar is responsible for administering refund requests within the stated timeframe. The following staff member / department is responsible for reviewing and updating the School Refund Policy for Overseas Students: Name of Department / Officer(s) Role(s) Information in this section should be checked and updated whenever there is a change of fee structure, information about payment of fees or refunds, or in regulations relating to fees or refunds. THIS SECTION WAS LAST UPDATED BY ………………. THE REFUND POLICY WAS LAST UPDATED BY ………………. ON ON --/--/---/--/-- [Optional: Insert a copy of School’s Refund Policy here or list and attach in Appendix 8 The following is a QNGSIEC sample policy which has been checked by the CRICOS SRA. It is based on the sample policy provided in the ISCA 2007 National Code Transition handbook (www.isca.edu.au ) and is compliant with additional Queensland requirements:] XXXX School Refund Policy A copy of this policy is provided to the student (or parent(s)/legal guardian if the student is under 18) at a reasonable time prior to a written agreement being signed or an amount is paid for a registered course, whichever happens first. 1) This refund policy applies to all course monies paid to the school and includes any course monies Updated: 1 July 2010 p. 17 paid to an education agent to be remitted to the school. 2) Fees for services paid to education agents by students (or parent(s)/legal guardian if the student is under 18) are not covered by this refund policy. 3) The application fee is non-refundable. 4) Payment of Course Fees and Refunds a. Fees are payable 12 months in advance. b. All fees must be paid in Australian dollars. c. If the student changes visa status (e.g. becomes a temporary or permanent resident) he/she will continue to pay full overseas student’s fees for the duration of that year. d. Refunds will be reimbursed in Australian dollars and the payment sent to the applicant’s home country unless otherwise requested in writing. e. Refunds will be paid to the person who enters into the written agreement unless the school receives written advice from the person who enters the written agreement to pay the refund to someone else. 5) All notification of withdrawal from a course, or applications for refunds, must be made in writing and submitted to [insert appropriate person]. 6) Unsuccessful Enrolment/Visa Rejection 7) a. The school will refund within four weeks all course monies paid where the student’s application for enrolment is refused by the school. [Applicable only if payment of fees has accompanied the application/enrolment form and lodgement of the written agreement.] b. The school will refund within four weeks all course monies paid where the student produces evidence that the application made by the student for a student visa has been rejected by the Australian immigration authorities. Student Default a. Refunds for student default apply to tuition fees only. Course monies (excluding tuition fees) will be refunded on a pro rata basis proportional to the amount of time the student was studying in the course, except where a non-refundable payment on behalf of the student has been made. b. If the student does not provide written notice of withdrawal and does not start the course on the agreed starting date, only one term’s (or ten weeks) tuition fees will be refunded from the annual tuition fee. c. The school will refund within four weeks of the receipt of written notification of withdrawal by Updated: 1 July 2010 p. 18 the student (or parent(s)/legal guardian if the student is under 18) tuition fees paid by or on behalf of the student less the amounts to be retained as agreed and detailed below. i. If written notice is received up to four weeks prior to commencement of the course, the school will be entitled to retain an administration fee. [include details of the administration fee] ii. If written notice is received less than four weeks prior to commencement of the course 70% of the tuition fee will be refunded. iii. If written notice is received within six months of the commencement date of the student’s course, only one term’s (or ten weeks) tuition fees will be refunded from the annual tuition fee. iv. If written notice is received more than six months after the commencement date of the student’s course no refund of tuition fees will be made. d. 8) No refund of tuition fees will be made where a student’s enrolment is cancelled for any of the following reasons; i. Failure to maintain satisfactory course progress (visa condition 8202) Please see [School Policy Ref] ii. Failure to maintain satisfactory attendance (visa condition 8202) Please see [School Policy Ref] iii. Failure to maintain approved welfare and accommodation arrangements (visa condition 8532) [Please see [School Policy Ref - if applicable] iv. Failure to pay course fees v. Any behaviour identified as resulting in enrolment cancellation in XXXX School’s Behaviour Policy/Code of Conduct. [Schools should list the criteria here] School Default [Any default by the school must be compliant with the provisions of the ESOS Act 2000 and the ESOS regulations 2001 (as amended).] a. If for any reason the school is unable to offer a course, a full refund of fees paid will be made within 14 days of the agreed starting day. b. If for any reason the school is unable to continue offering a course after student commencement, a full refund of fees paid, including for the portion of the course already taught, will be made within 14 days of the day the course ceased to be delivered. [Suggested wording has also been provided by DEEWR for the ‘plain English explanation of what happens in the event of a course not being delivered’ which is required under Standard 3.2. It provides three options depending on whether the school; is administered by a State Education Authority or in receipt of Commonwealth Recurrent Funding, is covered by a Tuition Assurance Scheme (TAS), or has a Bank Guarantee/indemnity Agreement/Ministerial Exemption. Schools may choose to use this wording if they prefer. The suggested wording also refers to placement in an alternative course as an alternative to provision of a refund which may be applicable for schools which are part of a system. If the student chooses placement in an alternative course over a full refund, they have to sign a document to that effect. The DEEWR wording is Updated: 1 July 2010 p. 19 available at http://aei.deewr.gov.au/AEI/ESOS/QuickInfo/Guide2Refunds_pdf.pdf.] 9) 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. 10) Definitions a. Course money – includes tuition fees, any amount received by the school for Overseas Student Health Cover (OSHC) and any other amount the student has to pay in order to undertake the course. Updated: 1 July 2010 p. 20 8. Policy and procedures for deferring, suspending or cancelling a student’s enrolment Name of School provides information to intending students about the grounds on which an enrolment can be deferred, suspended or cancelled prior to enrolment. [Add if relevant:]and as part of the written agreement between the student and the school NC D St 2.1.f St 13 NC D St 2.1.f Information on the School’s policy for deferring, suspending or cancelling a student’s enrolment is provided to students prior to enrolment and is part of the written agreement between the student and the school. The Policy for deferring, suspending or cancelling a student’s enrolment appears in School documentation in a) Pre-enrolment information (See Appendix 1) b) the School’s Written Agreement (see Appendix 2) c) …… d)………… [Also give references to any other locations this can be found e.g., on website, in enrolment information package] See Appendix 8 / below for a copy of the School’s Policy on deferring, suspending or cancelling a student’s enrolment and Complaints and Appeals Policy See Appendix 4 Student Handbook for a copy of the School’s [state which] Code of Conduct / Behaviour Policy [or any other school document related to this policy ] It is the role of the following staff members to undertake the these steps in the event of a student – initiated request for a deferment or suspension of enrolment Staff Member Action REF Role of Staff member Assess student application for deferment or suspension of study NC D St 13.1 Role of Staff member Approve or reject Student application for deferment or suspension of study NC D St 13.1 Role of Staff member Record and advise the student of the outcome of the Student application for deferment or suspension of study, and if the student request is granted, advise the student deferring or suspending his/her enrolment may affect his/her student visa NC D St 13.1 St 13.3 Role of Staff member Notify the Secretary of DEEWR via PRISMS as required under s19 of the ESOS Act where the student’s enrolment is deferred or temporarily suspended NC D St 13.3.b Role of Staff member Ensure all records for all steps above are kept on the student’s file NC D St 13.1 It is the role of the following staff members to undertake these steps in the event of a School – Updated: 1 July 2010 p. 21 initiated suspension or cancellation of enrolment. There are two options here, depending on whether or not there are extenuating circumstances. Role of Staff member FIRST STEP Make the decision to or suspend or cancel a student’s enrolment based on the information about grounds for doing this provided in pre-enrolment information to the student , and assess if there are extenuating circumstances Role of Staff member OPTION 1 If there are not extenuating circumstances, inform the student in writing NC D St 2.1f St 13.4 NC D St 13.4 St 13.3 (a) the School intends to suspend or cancel his/her enrolment (b) the student has 20 days to access the School’s internal complaints and appeals process (c) deferment or suspension of enrolment may affect the student’s visa Role of Staff member Supervise the student’s conditions of continuing enrolment and care arrangements, and process student’s appeal Role of Staff member Advise the student in writing of the outcome of the appeal process including reasons for the outcome Role of Staff member If the outcome of the appeal favours the student, the School also comply with NC D St 8.5. Role of Staff member If the outcome of the appeal upholds the School’s decision, the School then notifies DIAC via PRISMS that the student’s enrolment is suspended or cancelled and continues to check suitability of care arrangements until one of the criteria in NC D St 5.3a-d is met. Role of Staff member OPTION 2 If there are extenuating circumstances relating to the welfare of the student, the School contacts DIAC to discuss the situation, or report suspension or cancellation of enrolment of the student via PRISMS with an explanation, or both, depending on the severity of the situation. (The student may still access the School’s Complaints and Appeals Process, but this can be done from offshore if necessary.) Updated: 1 July 2010 NC D St 5 St 13.4 St 8 NC St 13.1 St 8.1.d NC D St 8.1.d St 8.5 N NC D St 13.3 St 5.3a-d NC D St 13.4 St 13.3.b p. 22 Continue to check the suitability of the student’s care arrangements (if necessary) as per the conditions in NC Standard 5.3, unless it is necessary to advise DIAC via PRISMS that the School can no longer approve the care arrangements for the student. Role of Staff member NC D St 5.3 In this case, call the Student Compliance Section of the Brisbane Office of DIAC on (07) 3136 7532 before making this report via PRISMS, so DIAC is aware of the situation and can monitor student movements if necessary. If the student accesses the School’s complaints and appeals process, advise the student in writing of the outcome of the appeal process, including details of reasons for the outcome Role of Staff member Role of Staff member IN ALL CASES Record all outcomes and ensure all records for all steps above are kept on the student’s file Role of Staff member NC D St 13.1 St 8.1.d NC D St 13.1 St 8 In the case of a school-initiated suspension for longer than 28 days, inform the student that this may affect their visa and contact DIAC (studentcompliance.qld@immi.gov.au ) to discuss the situation. DIAC will advise if there is a need for the student to make an appointment for visa advice. Administrative documents relating to the School’s policy on deferring, suspending or cancelling a student’s enrolment are: Student application for deferment of commencement or suspension of studies School letter for informing student of intention to suspend or cancel enrolment School letter for informing student of intention to suspend or cancel enrolment in the case of extenuating circumstances See Appendix 6 for copies of administrative documents The following staff member / department is responsible for reviewing and updating the Policy on deferring, suspending or cancelling a student’s enrolment and related administrative documents: Name of Department / Officer(s) Role(s) Information in this section should be checked and updated whenever there is a change in regulations about Standards 8 and 13, or when existing policies need to be adapted or strengthened. THIS SECTION WAS LAST UPDATED BY ………………. ON --/--/-- THE POLICY FOR DEFERRING, SUSPENDING OR CANCELLING ENROLMENT WAS LAST UPDATED BY ………………. ON --/--/-[Optional: Insert a copy of School’s policy for deferring, suspending or cancelling a student’s enrolment Updated: 1 July 2010 p. 23 here or list and attach in Appendix 8. The Sample Policy below for deferring, suspending or cancelling a student’s enrolments is from the ISCA 2007 National Code Transition handbook at www.isca.edu.au] XXXX School Deferment, Suspension and Cancellation Policy 1) 2) 3) 4) Deferment of commencement of study requested by student a) XXXX School will only grant a deferment of commencement of studies for compassionate and compelling circumstances. These include but are not limited to: i) illness, where a medical certificate states that the student was unable to attend classes ii) bereavement of close family members such as parents or grandparents (where possible a death certificate should be provided) iii) major political upheaval or natural disaster in the home country requiring emergency travel that has impacted on studies iv) a traumatic experience which has impacted on the student (these cases should be where possible supported by police or psychologists’ reports) b) The final decision for assessing and granting a deferment of commencement of studies lies with the [insert position]. c) Deferment will be recorded on PRISMS depending on the students CoE status. Suspension of study requested by student a) Once the student has commenced the course, XXXX School will only grant a suspension of study for compassionate and compelling circumstances. These include but are not limited to; i) illness, where a medical certificate states that the student was unable to attend classes ii) bereavement of close family members such as parents or grandparents (where possible a death certificate should be provided) iii) major political upheaval or natural disaster in the home country requiring emergency travel that has impacted on studies iv) a traumatic experience which has impacted on the student (these cases should be where possible supported by police or psychologists’ reports) b) Suspensions will be recorded on PRISMS. c) The period of suspension will not be included in attendance calculations. d) The final decision for assessing and granting a suspension of studies lies with the [insert position]. Assessing requests for deferment or suspension of studies a) Applications will be assessed on merit by [insert position]. b) All applications for deferment or suspension will be considered within XX working days. Exclusion from class ( 1 – 28 days) Updated: 1 July 2010 p. 24 5) 6) a) XXXX School may exclude a student from class studies on the grounds of misbehaviour by the student. Exclusion will occur as the result of any behaviour identified as resulting in exclusion in XXXX School’s Behaviour Policy/Code of Conduct.[Schools should list the criteria here]. b) Excluded students must abide by the conditions of their exclusion from studies which will depend on the welfare and accommodation arrangements in place for each student and which will be determined by the [insert position]. c) Where the student is provided with homework or other studies for the period of the exclusion, the student must continue to meet the academic requirements of the course. d) Exclusions from class will not be recorded on PRISMS. e) Periods of ‘exclusion from class’ will not be included in attendance calculations as per XXXX School’s Course Progress and Attendance Policy [Alternatively schools could require that these periods be included in attendance calculations] School initiated suspension of studies (28 days +) a) XXXX School may initiate a suspension of studies for a student on the grounds of misbehaviour by the student. Suspension will occur as the result of any behaviour identified as resulting in suspension in XXXX School’s Behaviour Policy/Code of Conduct. b) Suspended students must abide by the conditions of their suspension from studies which will depend on the welfare and accommodation arrangements in place for each student and which will be determined by the [insert position]. c) Students who have been suspended for more than 28 days may need to contact DIAC. are required to return to their home country by DIAC unless special circumstances exist (e.g. the student is medically unfit to travel). d) If special circumstances exist, the student must abide by the conditions of his or her suspension which will depend on the welfare and accommodation arrangements in place for each student and which will be determined by the [insert position]. e) Suspensions will be recorded on PRISMS. f) The period of suspension will not be included in attendance calculations. Cancellation of enrolment a) XXXX School will cancel the enrolment of a student under the following conditions; i) Failure to pay course fees ii) Failure to maintain approved welfare and accommodation arrangements (visa condition 8532) [Alternatively schools may decide that they will not cancel enrolment for this reason] iii) Any behaviour identified as resulting in cancellation in XXXX School’s Behaviour Policy/Code of Conduct. [Schools should list the criteria here] Updated: 1 July 2010 p. 25 b) 7) 8) Complaints and Appeals a) Student requested deferment and suspension are not subject to XXXX Schools Complaints and Appeals Policy. b) Exclusion from class is subject to XXXX School’s Complaints and Appeals Policy. c) School initiated suspension, where the suspension is to be recorded in PRISMS, and cancellation are subject to XXXX School’s Complaints and Appeals Policy. d) For the duration of the appeals process, the student is required to maintain your enrolment and attendance at all classes as normal. The [insert position] will determine if participation in studies will be in class or under a supervised arrangement outside of classes. e) If students access XXXX School’s complaints and appeals process regarding a school initiated suspension, where the suspension is recorded in PRISMS, or cancellation, the suspension or cancellation will not be reported in PRISMS until the complaints and appeals process is finalised, unless extenuating circumstances relating to the welfare of the student apply. f) Extenuating circumstances include; i) the student refuses to maintain approved welfare and accommodation arrangements (for students under 18 years of age) ii) the student is missing iii) the student has medical concerns or severe depression or psychological issues which lead the school to fear for the student’s wellbeing iv) the student has engaged or threatened to engage in behaviour that is reasonably believed to endanger the student or others v) is at risk of committing a criminal offence, or vi) the student is the subject of investigation relating to criminal matters g) The use of extenuating circumstances by XXXX School to suspend or cancel a student’s enrolment prior to the completion of any complaints and appeals process will be supported by appropriate evidence. h) The final decision for evaluating extenuating circumstances lies with the [insert position]. Student Advice a) 9) XXXX School is required to report failure to maintain satisfactory course progress and failure to maintain satisfactory attendance to DIAC which will result in automatic cancellation. Deferment, suspension and cancellation of enrolment can have an effect on a student’s visa as a result of changes to enrolment status. Students will be informed to contact the Department of Immigration for advice. Definitions a) Day – any day including weekends and public holidays in or out of term time Updated: 1 July 2010 p. 26 9. Transfer policy NC D St 7 E(OS)Reg 98 s10 Name of School provides information to overseas students about the School’s transfer policy, which complies with commonwealth and state requirements. Because state legislation differs from commonwealth legislation on the matter on student transfer, letters of release, when issued, must provide prescribed information. Letters of Release are issued only in limited conditions (NC D St 7.3) in the first six months of a principal course if the student is under 18 years of age. Information about the School’s transfer policy is provided to students [state when policy is provided to students, e.g.,]as part of the written agreement between the student and the school as a condition of enrolment. [It is a recommended inclusion in pre-enrolment materials.] The Transfer Policy appears in a) Pre-enrolment information b) the School’s Written Agreement c) ………. d)………… [Also give references to any other locations this can be found e.g., on website See Appendix 8 / below for a copy of the School’s transfer policy, flow chart and letters for St. 7 CHECKLIST FOR STUDENT TRANSFER POLICY IN QUEENSLAND NC D St 7 St 5 E(OS)Reg 98 s10 (i) For student transferring FROM School TO another provider and the student has NOT completed his/her course (NC D St7; E(OS) Reg 98 s10.4) Advise circumstances in which a transfer will be granted (NC D 7.2. a) Advise circumstances considered as reasonable grounds for refusing student’s request, including when a transfer can be considered detrimental to student (NC D 7.2. c Advise that a student under 18yo cannot be given a letter of release for transferring from the principal course of study or preliminary packaged courses for a period of six months and conditions unless the criteria in NC D St 7.3 are met (NC D St 7.3) timeframe for assessing and responding to request for transfer, keeping in mind the 6 months restriction in St. 7 (NC D St 7.2.c) letter of release must be issued at no cost to the student (NC D St 7.4) Letter of Release given to student must provide information about whether or not the student (E(OS)Reg 98 s10.4) - demonstrated a commitment to studies during the course Updated: 1 July 2010 p. 27 - had a good attendance record for the course - paid all fees for the course advise the student he/she must contact DIAC to ask whether a new visa is required (NC D St 7.4) all records for requests for transfers and letters of release and outcomes to be kept on student’s file (NC D St 7.6) (ii) For student transferring TO School FROM another provider, and the student has NOT completed the course (E(OS)Reg 98 s10.1.b) check in PRISMS if a student is currently enrolled with another provider (the School will need to give a Letter of Offer for the student to take to current provider to obtain a Letter of Release. (If student is under 18yo, an undertaking to take over welfare must be included with the Letter of Offer.) School MUST NOT create CoE until a Letter of Release from other provider is provided (NC D St 7.1.b) Letter of Release from current course is provided to the School which (if in Queensland) provides information about whether or not the student E(OS)Reg 98 s10.4 - demonstrated a commitment to studies during the course - had a good attendance record for the course - paid all fees for the course (iii) In the event a student has completed another course, the School must not enrol the student unless it is satisfied the student has demonstrated a commitment to studies during the course, had a good attendance record for the course, and paid all fees for the course (E(OS)Reg 98 s10.2.a) (NB: If the student if transferring from another state, the information required under state legislation may not automatically be included.) It is the role of the following staff members to undertake these steps in the event of a student requesting to transfer FROM the School: Staff Member Role of Staff member Action Process student application for transfer within stated timeframe REF NC D St 7.3 check documentation is complete (there is a Letter of Offer from new registered institution, as well as any other requirements under NC D St 7.3 if student if under 18yo) Role of Staff member if request is denied, provide letter giving grounds for refusal, based on transfer policy, and advise student he/she can access complaints and appeals process Role of Staff member check if refund is applicable Role of Staff member if request is granted, provide Letter of Release at no cost with required information and advise NC D St 7.2 St 7.5 St 8 E(OS)Re g 98 s10 NC D St Updated: 1 July 2010 p. 28 7.4 student to contact DIAC Role of Staff member File all documents relating to transfer request on student’s file NC D St 7.6 It is the role of the following staff members to undertake these steps in the event of a student requesting to transfer TO the School Role of Staff member Check via PRISMS if student is already enrolled with another provider. Provide a Letter of Offer (and an undertaking to take over welfare student is under 18yo) if School agrees to accept student. NC D St 7 Role of Staff member Create CoE ONLY AFTER Letter of Release is received NC D St 7.1 Role of Staff member If student is from interstate, lodge Interstate Student Data Transfer Note Role of Staff member File all documents relating to transfer request on student’s file http://www. mceetya.edu. au/mceetya/d efault.asp?id =12095 NC D St 7.6 Administrative documents relating to the School’s policy on student transfer are: Transfer request assessment flowchart Student application for Transfer (over 18 years of age must include Letter of Offer from new registered institution; under 18 years of age must include all three attachments: - Letter of Offer from new registered institution - permission from parent / legal custodian - confirmation new school/institution will undertake welfare) School’s letter to advise request is denied, giving grounds for refusal and advising of student’s right to appeal School’s Letter of Release, with - information about whether the student has demonstrated a commitment to studies during the course, had a good attendance record for the course, and paid all fees for the course - advice the student must contact DIAC to ask whether a new visa is required See Appendix 6/ below for copies of administrative documents The following staff member / department is responsible for reviewing and updating the Transfer Policy: Name of Department / Officer(s) Updated: 1 July 2010 Role(s) p. 29 Information in this section should be checked and updated whenever there is a change to regulations. THIS SECTION WAS LAST UPDATED THE TRANSFER POLICY WAS LAST UPDATED BY ………………. BY ………………. ON --/--/-ON --/--/-- [Optional: Insert a copy of School’s Transfer Policy here or list and attach in Appendix 7 The following is based on the sample policy provided in the ISCA Transition handbook (checked by DEEWR and DIAC) (www.isca.edu.au ) but is modified to include additional Queensland requirements.] 1) Overseas students are restricted from transferring from their principal course of study for a period of six months. This restriction also applies to any course(s) packaged with their principal course of study. 2) Students can apply for a letter of release to enable them to transfer to another education provider. However, if a student is under 18 years of age, conditions apply. 3) Students under 18 years of age MUST also have; a) Written evidence that the student’s parent(s)/legal guardian supports the transfer b) Written confirmation that the new provider will accept responsibility for approving the student’s accommodation, support, and general welfare arrangements where the student is not living with a parent / legal guardian or a suitable nominated relative c) Evidence that the student is always in DIAC approved welfare and accommodation arrangements [Customise circumstances below as necessary] 4) XXXX School will only provide a letter of release to students in the first six months of their principal course in the following circumstances: a) The student has changed welfare and accommodation arrangements and is no longer within a reasonable travelling time of the school b) It has been agreed by the school the student would be better placed in a course that is not available at XXXX School. c) Any other reason stated in the policies of XXXX School 5) XXXX School will NOT provide a letter of release to students in the first six months of their principal course in the following circumstances: a) The student’s progress is likely to be academically disadvantaged b) XXXX School is concerned that the student’s application to transfer is a consequence of the adverse influence of another party c) The student has not had sufficient time to settle into a new environment in order to make an informed decision about transfer d) The student has not accessed school support services which may assist with making adjustments to a new environment, including academic and personal counselling services 6) In order to apply for a letter of release, all students must first have a letter of offer from the receiving provider. 7) Applications to transfer to another registered provider may have visa implications. The student is advised to contact the Department of Immigration and Citizenship office as soon as possible to Updated: 1 July 2010 p. 30 discuss any implications. The address of the nearest Office is: [Insert contact details as appropriate. See http://www.immi.gov.au/contacts/australia/index.htm for street addresses of DIAC Offices in Brisbane, Cairns and Gold Coast] Other contact details are: Tel: 131 881 E: student.centre@immi.gov.au 8) It is a requirement under Queensland legislation that letters of release, whether provided by this School or by another registered provider, give information about whether the student has demonstrated a commitment to studies during the course, had a good attendance record for the course, and paid all fees for the course. 9) All applications for transfer will be considered within XX working days and the applicant notified of the decision. 10) Students whose request for transfer has been refused may appeal the decision in accordance with XXXX School’s complaints and appeals policy. The complaints and appeals policy is available at X. The sample documents below relating to Standard 7, including the flowchart for assessment of transfer requests, are from the Independent Schools Council of Australia (ISCA) National Code 2007 Transition handbook for non-government schools enrolling full-fee paying overseas students, at www.isca.edu.au. Student transfer request assessment flowchart Updated: 1 July 2010 p. 31 Student fills in transfer request within first six months of study at the principal course If the student is under 18 they must also provide permission from their parent/legal guardian and, if applicable, a valid enrolment offer from the receiving provider stating that they will accept responsibility for the student’s accommodation and welfare arrangements The request is assessed by the provider in accordance with its transfer request policy Transfer request is denied. Transfer request is granted The provider must document the decision, provide a letter informing the student of its decision and advise of his or her right to appeal. Student appeals Appeal successful The student is granted a letter of release and advised to contact DIAC. Letter of Release must have prescribed information. All documentation kept on file. Student does not appeal Appeal is unsuccessful No change to enrolment. All documentation kept on file. Application for student transfer/letter of release Please read the attached Student Transfer Request Assessment Policy before filling out this form to see if you meet the requirements to be granted a letter of release for transfer. Student name: Updated: 1 July 2010 p. 32 Grade: Current Address in Australia: Address in home country: Phone no: Mobile Ph: Email address: Reason for transfer: Please state why you wish to transfer to another school. Attachments: Attach a letter of offer from the institution to which you wish to transfer. If you are under 18 years of age and not in the care of a parent or suitable nominated relative, the letter of offer must also show that the institution will accept responsibility for approving your accommodation, support and general welfare arrangements. If there are any gaps between school approved accommodation, support and general welfare arrangements please detail any DIAC approved interim arrangements. If you are under 18 years of age, please attach a letter from your parents to indicate that you have their permission to transfer Attach any relevant supporting documentation. This application will be assessed once all documentation has been received. The school may ask for more documentation if it requires it. Applications are usually processed in XX working days. Student signature Updated: 1 July 2010 Date p. 33 Letter of release Student name: Grade: Current Address: Phone no: Email address: We have received your application for a letter of release. As the reasons stated in your application fall within the school’s Student Transfer Request Assessment Policy, the school is pleased to grant your request. The following information is required by Queensland state legislation to be included in this letter. While studying in [enter course name/ Year levels ] at XXX School from --/--/-- until --/--/-- , [name of student] a) [give statement about whether or not student demonstrated a commitment to his/her studies] b) [give statement about whether or not student had a good attendance record] c) [give statement about whether or not student paid all fees for course] You should be aware that your decision to transfer to a different education provider may have visa implications and you should contact the nearest Department of Immigration and Citizenship office as soon as possible to discuss this with them. If you wish to seek a refund of fees, please refer to the school’s Refund Policy provided in/located at X and follow the appropriate procedure. XXXX School Date: Letter of refusal to release Student name: Grade: Updated: 1 July 2010 p. 34 Current Address: Phone no: Email address: We have received your application for a letter of release. As the reasons stated in your application did not meet the school’s Student Transfer Request Assessment Policy, regrettably the school has refused to grant your application. You have the right to appeal the school’s decision in accordance with the school’s Complaints and Appeals Policy which is attached/available in XXXX. If you choose to appeal, until the process is complete, you must continue to maintain your enrolment and attendance at all classes as normal. XXXX School Date: Updated: 1 July 2010 p. 35 10. Complaints and appeals policy Name of School has a Complaints and appeals process which complies with commonwealth and state requirements. Access to this process is available to an overseas students at any time, but is has prescribed conditions under Standards 10, 11 and 13. If the School’s Complaints and appeals process is invoked under any of these standards, provisions under Standard 5 will also be applicable if the student is under 18 years of age and the School has approved accommodation, support and welfare arrangements. Copies of is Name of School’s Complaints and appeals policy are provided to students prior to enrolment, is part of the written agreement between the student and the school [if applicable] and is again provided to students within seven days of commencement of studies. NC D St 8 and E(OS)Reg 98 s8 NC D St 8 St 10 St 11 St 13 St 5 E(OS)Reg 98 s8 (a) and (b) The Complaints and appeals policy is provided to students [State which are applicable] a) in Pre-enrolment information b) the School’s Written Agreement c) in Student Handbook………. d) during Orientation………… e) ………….. [Also give references to any other locations this can be found e.g., on website, a copy is placed on the wall of the Student Contact Officer’s Office] See Appendix 1/ Appendix 8 for a copy of the School’s Complaints and Appeals Policy It is the role of the following staff members to undertake these steps in the event of a student accessing the School’s Complaints and appeals process[customise to suit School nomenclature and circumstances] Staff Member Action Attempting informal resolution of the problem To discuss academic / study problems Student Contact Officer Classroom teacher ESL teacher Year Level Co-ordinator School Careers Counsellor Role of Staff member Updated: 1 July 2010 To discuss personal problems or problems adjusting to a new environment Student Contact Officer Head of House / Pastoral Care School Counsellor Year Level Coordinator If the problem is not resolved REF NC D St 8.1.a To discuss accommodation problems Student Contact Officer Homestay Coordinator Boarding House Supervisor NC D St 8.1.a p. 36 informally, advising the student to access the School’s internal complaints and appeals process Role of Staff member Overseeing the School’s internal process as per the School’s policy and within required timelines NC D St 8.1- 5 E(OS)Reg 98 s8 Role of Staff member Maintaining and monitoring the student’s enrolment (and care arrangements if under 18 years of age) whilst the complaints and appeal process is ongoing and making the student aware of the School’s obligation to do this. NC D St 8.4 St 5 (See also 8. Policy and procedures for deferring, suspending or cancelling a student’s enrolment.) Role of Staff member If the student is not satisfied with the result or conduct of the internal complaints or appeals process, advising the student of his/her right to access the external appeals process at minimal or no cost, as well as the prescribed information in the Education (Overseas Students) Regulation 1998 s 8.3a-c NC D St 8.3 E(OS)Reg 98 s8 Role of Staff member If necessary, overseeing the external process as per the School’s policy and within stated timelines NC D St 8.1 E(OS)Reg 98 s8 In the case of a) notifying students who are at risk of failing to meet course progress requirements (Standard 10) b) notifying students who are at risk of failing to meet attendance requirements (Standard 11) c) suspending or cancelling a student’s enrolment (Standard 13) NC D St 10 St 11 St 13 it is the role of the following staff members to undertake these additional steps: Role of Staff member Updated: 1 July 2010 When notifying the student of the School’s intention of to report the student to DIAC as per requirements under Standards 10, NC D St 10.6 St 11.6 St 13.4 p. 37 11 or 13 of the NC, also advising the student he /she has 20 working days to access the School’s Complaints and appeals process. In the case of a) and b) above, notifying the student if he/she intends to access the school’s external appeals process, this must be done within [e.g., two weeks] of receiving written advice of the outcome of the internal process. Role of Staff member In the case of a) and b) above, if the student does not access the School’s Complaints and appeals process, withdraws from the process or the process is completed and results in a decision which supports the School, notifying the Secretary of DEEWR via PRISMS as soon as is practicable. NB: in the case of a) and b) above, if the internal or external appeals process is accessed, the student’s enrolment must be maintained until this process is completed, including welfare arrangements if applicable. NC D St 10.7 St 11.7 St 13.3,4 NC D St 8.4 St 5.2 In the case of c) above, see Section 8. Policy and procedures for deferring, suspending or cancelling a student’s enrolment. IN ALL CASES NC D St 8.1.a & d St 8.5 Keeping written records of the complaint and all steps taken, and filing these on the student’s file, including: - copy of written complaint - copy of Letter of intention to Updated: 1 July 2010 p. 38 report under Standards 10, 11 and 13 (if applicable) - copy of outcomes in writing, with reasons, provided to student (including outcomes for Standards 10, 11 and 13) - evidence of preventative or corrective action taken by School (as necessary) Administrative documents relating to the School’s Complaints and appeals process are: [as applicable] Proforma for recording responses and actions in relation to student complaints Letter advising student to access School’s internal Complaints and appeals process Letter advising student of outcomes of Complaints and appeals process and reasons for decisions made Letter giving student information about accessing the School’s external Complaints and appeals process See Appendix 8 / below for a copy of the School’s Complaints and appeals policy The following staff member / department is responsible for reviewing and updating the Complaints and appeals policy and processes: Name of Department / Officer(s) Role(s) This policy should be checked and updated whenever there is a change in regulations about NC Standards 8 or related Standards (10,11 or 13), in Queensland legislation, or when existing policies need to be adapted or strengthened. THIS SECTION LAST UPDATED BY ………………. ON --/--/-- THE COMPLAINTS AND APPEALS POLICY WAS LAST UPDATED BY ………………. ON --/--/-- [Optional: Insert a copy of School’s Complaints and appeals policy here or list and attach in Appendix 8 The following is a QNGSIEC sample policy which has been checked by the CRICOS SRA. It is based on the sample policy provided in the ISCA Transition handbook (www.isca.edu.au ) and is compliant with additional Queensland requirements. On advice from DIAC, the following has been added under Point 5 External appeals process: [Schools may also wish to add a timeline here for accessing the external appeals process in the case of Standards 10 and 11, e.g., within 2 weeks] XXXX School Complaints and Appeals Policy A copy of this policy will be provided to the student (or parent(s)/legal guardian if the student is Updated: 1 July 2010 p. 39 under 18) at a reasonable time prior to a written agreement being signed or an amount is paid for a registered course, whichever happens first, and again within 7 days of the commencement of student attendance of the enrolled course. 1) 2) Purpose a) The purpose of XXXX School’s Complaints and Appeals Policy is to provide a student or parent(s)/legal guardian with the opportunity to access procedures to facilitate the resolution of a dispute or complaint. b) The internal complaints and appeals processes are conciliatory and non-legal. Complaints against other students a) 3) 4) Grievances brought by a student against another student will be dealt with under the school’s Behaviour Policy/Code of Conduct. Informal Complaints Resolution a) In the first instance, XXXX School requests there is an attempt to informally resolve the issue through mediation/informal resolution of the complaint. b) Students should contact the [the student’s teacher/Head of House/Head of School/other] in the first instance to attempt mediation/informal resolution of the complaint. c) If the matter cannot be resolved through mediation, the matter will be referred to the Principal/other and XXXX School’s internal formal complaints and appeals handling procedure will be followed. [Schools could specify here different people for different issues e.g. boarding issues to the Director of Boarding, academic issues to the Head of Department or all complaints at this point could be directed to a single person e.g. the Principal ] Formal Complaints Handling Procedure a) The process of this grievance procedure is confidential and any complaints or appeals are a matter between the parties concerned and those directly involved in the complaints handling process. b) The student must notify the school in writing of the nature and details of the complaint or appeal. c) Written complaints or appeals are to be lodged with the Principal/other. d) Where the internal complaints and appeals process is being accessed because the student has received notice by the school that the school intends to report him/her for unsatisfactory course attendance, unsatisfactory course progress or suspension or cancellation of enrolment, the student has 20 working days from the date of receipt of notification in which to lodge a written appeal. Updated: 1 July 2010 p. 40 5) e) Complaints and appeals processes are available to students at no cost. [If there is a cost it must be minimal and should be detailed here]. f) Each complainant has the opportunity to present his/her case to the Principal/other. g) Students and / or the School may be accompanied and assisted by a support person at all relevant meetings. h) The formal grievance process will commence within 10 working days of the lodgement of the complaint or appeal with the Principal/other. i) Once the Principal/other has come to a decision regarding the complaint or appeal, the student will be informed in writing of the outcome and the reasons for the outcome , and a copy will be retained on the student’s file. j) If the grievance procedure finds in favour of the student, XXXX School will immediately implement the decision and any corrective and preventative action required, and advise the student of the outcome. k) XXXX School undertakes to finalise all grievance procedures within XX working days [timeframe needs to be as soon as is practicable]. l) For the duration of the appeals process, the student’s enrolment and attendance must be maintained. [or otherwise if that is the school’s policy] External Appeals Processes a) If the student is dissatisfied with the conduct or result of the complaints procedure, he/she may seek independent mediation through an external body at minimal or no cost. [Schools may also wish to add a timeline here for accessing the external appeals process in the case of Standards 10 and 11. e.g., within 2 weeks] b) XXXX School recommends further complaints and appeals are directed to: Dispute Resolution Branch Department of Justice and Attorney-General GPO Box 149 Brisbane QLD 4001 Level 1 Brisbane Magistrates Court 363 George Street Brisbane QLD 4000 Tel: (07) 3239 6269 Fax: (07) 3239 6284 Outside Brisbane (Toll Free) 1800 017 288 Updated: 1 July 2010 p. 41 (At present there is no fee for this service, but this may change.) c) If the student wishes to appeal against a decision of XXX School, he/she may seek independent advice through the following external body at no cost: [Insert contact details of external body being used for student appeals.] d) If a student is concerned about the actions of the school they may approach the chief executive of the Department of Education and Training, who, under part 2, division 2 of the Education (Overseas Students) Act 1996, may suspend or cancel the registration of a provider of a course if a breach of the requirements of registration provision is proved. Concerns or complaints about the conduct of a registered provider should be addressed in writing to: The Manager International Quality Unit (CRICOS) Training and International Quality LMB 527 BRISBANE QLD 4001 6) Other legal redress Nothing in the School’s Complaints and Appeals Policy negates the right of an overseas student to pursue other legal remedies. 7) Definitions a) Working Day – any day other than a Saturday, Sunday or public holiday during term time b) Student – a student enrolled at XXXX School or the parent(s)/legal guardian of a student where that student is under 18 years of age c) Support person – for example, a friend/teacher/relative not involved in the grievance. Updated: 1 July 2010 p. 42 11. Welfare and accommodation policy The 2007 National Code requires that intending students are provided with relevant information about accommodation options prior to enrolment. NC D St 5 St 2.1.h.ii E(OS)Reg 98 s9 NC D St 2.1.h.ii If a student is under 18 years of age, the following visa condition applies: (http://www.immi.gov.au/students/visa-conditions-students.htm) No. Subclasses 8532 Description All (except 576) If you have not turned 18 you must maintain adequate arrangements for your accommodation, support and general welfare for the duration of your stay in Australia. To maintain adequate arrangements for welfare you must stay in Australia with: your parent or legal custodian or a relative who has been nominated by your parents or custodians who is aged over 21 and is of good character or accommodation, support and general welfare arrangements that have been approved by your education provider. Note: You must not change those arrangements without the written approval of your education provider. If your welfare arrangements are approved by your education provider you must not travel to Australia until your welfare arrangements are due to commence. See also: http://www.immi.gov.au/business-services/educationproviders/roles_responsibilities.htm#under18 ) Name of School provides information about approved accommodation options to students in the form of a Welfare and accommodation policy. NC D St 5 St 2.1.h.ii E(OS)Reg 98 s9 See Appendix 8 / below for a copy of the School’s Welfare and accommodation policy Information about Name of School’s Welfare and accommodation policy is provided to students [State which are applicable] a) NC D St 2.1.h.ii St 3.1.e in Pre-enrolment information Updated: 1 July 2010 p. 43 b) the School’s Written Agreement c) in Student Handbook………. d) during Orientation………… e) ………….. [Also give references to any other locations this can be found e.g., on website] Name of School keeps up to date records of students’ current addresses as required. For each FFPOS under 18 years of age for whom the School has undertaken to approve accommodation, support and general welfare arrangements, there is a requirement to have documented procedures for checking the suitability of these arrangements. Additional Queensland legislation also applies. Further information about Name of School’s administration of approved accommodation options and obligations for FFPOS under 18 years of age can be found as follows: [Delete any of the following which do not apply] OPTION SEE Homestay Program Boarding Private accommodation arrangement (approved by School) Appendix 5 NC D St 3.1.e ESOS Act s21 NC D St 5.1.c E(OS)Reg 98 s9 www.bluec ard.qld.edu. au REF E(OS)Reg 98 s9 www.bluec ard.qld.edu. au NC D St 5 It is the role of the following staff members to undertake these steps in administering the School’s welfare and accommodation policies and procedures: (I) IF STUDENT IS LIVING WITH ADULT RELATIVE APPROVED BY DIAC Staff Member Role of Staff member Action Provide information about school requirements to student guardian as per Procedures if student is living with a student guardian approved by DIAC, below, and administer any requests to depart the country REF NC D St 3.1.e www.immi. gov.au (II) IF THE SCHOOL IS CONFIRMING APPROVAL OF APPROPRIATE ACCOMMODATION AND WELFARE (I.E., PROVIDING THE CAAW LETTER FROM PRISMS) Staff Member Action REF Role of Staff member Create the CAAW in PRISMS and advise student he/she cannot enter the country before the start date of approved arrangements NC D St 5.1.a,b Role of Staff member * If a student under 18 years of age is changing or has changed living arrangements and the School has concerns about approval of the arrangements, where possible contact DIAC asap for further advice prior to reporting via PRISMS that the school no NC D St 5.1.d Updated: 1 July 2010 p. 44 longer approves Role of Staff member(s) Check suitability of student’s accommodation, support and general welfare arrangements, including in the case the student’s enrolment being suspended or cancelled by the School, as per requirements in Standard 5.3 NC D St 5.1.c St 5.3 *In this case, call the Student Compliance Section of the Brisbane Office of DIAC on (07) 3136 7532 before making this report via PRISMS, so DIAC is aware of the situation and can monitor student movements if necessary and provide further advice. PROCEDURES IF STUDENT IS LIVING WITH A STUDENT GUARDIAN APPROVED BY DIAC 1. If the student is accompanied by a student guardian, the adult visa holder who fulfils this role has the following visa condition: (http://www.immi.gov.au/students/student_guardians/580/obligations-studentguardians.htm) Departing Australia You cannot leave Australia without the student for whom you are the guardian, unless you provide the department with evidence that: there are compassionate or compelling circumstances for you to leave the country you have made alternative arrangements for the student's accommodation, general welfare and support until your return. Note: If the student is less than 18 years, the alternative arrangements must be approved by the education provider. These procedures have been developed in consultatio n with the Brisbane office of DIAC If the student is being accompanied by an adult with a student guardian visa, this process applies: The School notifies the parent / visa holder [by letter / in pre-enrolment materials / in the written agreement] that the School is aware of the visa condition regulating departure from the country, and that, in the event of there being compelling circumstances for leaving the country, the parent / visa holder should contact the school to discuss a) the circumstances b) the accommodation and welfare arrangements that are intended for the student and c) the details and start and end dates of these arrangements [Or the school may wish to advise it will only approve welfare arrangements if the student is accommodated within a specified homestay program] Updated: 1 July 2010 p. 45 If the School approves arrangements for the specified dates, then the School provides the parent / visa holder with a letter noting the circumstances given, and confirming that alternative arrangements for the accommodation and welfare of the student have been approved by the school for the specified period of time, and advises the parent / visa holder to take this letter to DIAC before departure date to also seek DIAC approval. (If DIAC also approves, which will most likely be the case if the School is taking welfare over responsibility, a flag be placed into the DIAC database for the visa holder to confirm departure and re-entry within the dates given has been approved.) If the School will not or can not approve the proposed arrangements, and can not or will not approve alternative arrangements for any reason, the School advises the parent / visa holder the student must also depart the country. In this case it will be a School decision as to whether the period of time not attending classes will be treated as a School-initiated suspension of studies (see Section 8. Policy and procedures for deferring, suspending or cancelling a student’s enrolment) or will be recorded as an absence as per Standard 11 (see Section 18. Attendance policy and procedures for monitoring, intervention and reporting The following staff member / department is responsible for reviewing and updating the School accommodation and welfare policy and documents: Name of Department / Officer(s) Role(s) This policy should be checked and updated whenever there is a change in regulations about NC Standard 5, in DIAC regulations, in Queensland legislation, or when existing policies need to be adapted or strengthened. THIS SECTION LAST UPDATED BY ………………. ON --/--/-- ON --/--/-- THE ACCOMMODATION AND WELFARE POLICY WAS LAST UPDATED BY ………………. Optional: Insert a copy of School’s Accommodation and welfare policy here or list and attach in Appendix 8 The following is a QNGSIEC sample policy which has been discussed with DIAC. XXXX School Accommodation and welfare policy XXX School approves the following accommodation options for overseas students: The student will live with a parent or relative as permitted by DIAC. In this case the School does not provide a welfare letter (CAAW) via PRISMS. The student’s family provides proof of relationship to DIAC for the purposes of visa application. The student will live in school approved accommodation and the School will generate the welfare letter (CAAW) via PRISMS to accompany the student’s Confirmation of Enrolment (CoE). School approved accommodation options for FFPOS under 18 years of age include: [Delete Updated: 1 July 2010 p. 46 any which do not apply] - *Homestay Program operated by ……………….. - School Boarding House - Private accommodation arrangements approved by the School which meet all requirements under relevant state and commonwealth legislation For School vacation periods, the following accommodation options are available to FFPOS under 18 years of age: [Delete any which do not apply] - Student returns home to parents - Student continues to live in / is placed in Homestay arranged and approved by the school - Student may spend vacation with friend’s family or relatives if all requirements are met in order to attain school approval - Student may attend a supervised excursion, camp, etc.., if all requirements are met in order to attain school approval If the School has taken responsibility for approving arrangements for student care and welfare, should the School not approve requests for changes to agreed arrangements, and the student refuses to maintain the approved and agreed arrangements, the School will advise the student this will be reported to DIAC via the pro forma letter in PRISMS and the student may have his/her visa cancelled. DIAC will contact the student directly to ensure visa implications are understood. This includes any requests by students under 18 years of age to attend “Schoolies Week” on completion of Year 12. Accommodation options for FFPOS 18 years and older include: [Schools should make it clear if it is a condition of enrolment that students over 18 years also maintain school approved accommodation arrangements. List accommodation options for term time and vacation periods for students 18 years or older here, e.g.,:] - Homestay Program - School Boarding House - Private accommodation arrangements For School vacation periods, the following accommodation options are available to FFPOS 18 years or older: [Delete any which do not apply] - Student returns home to parents - Student continues to live in / is placed in Homestay, details of which are recoded by the School - Student may spend vacation with friend’s family or relatives, provided details are given - Student may attend a supervised excursion, camp, etc.., provided details are given - Student may travel unaccompanied during vacation periods, provided details are given All students are required to notify the School of a change of address while enrolled in the course, and students who live in school approved accommodation must not change agreed arrangements without prior approval of the School. *NB Homestay Programs operated by XXX School or approved by XXX School meet Queensland Updated: 1 July 2010 p. 47 legislative requirements under Education (Overseas Students) Regulation 1998 s9 and the Commission for Children and Young People and Child Guardian as well as under Standard 5 of the National Code. These include o Continuous dates for approved welfare arrangements o Documented procedures for checking suitability of accommodation, support and general welfare arrangements o Guidelines for selecting family and ensuring the family can provide a stable environment for the duration of the student’s enrolment at the school o Criteria about accommodation services to be provided, and contract for arrangements about providing accommodation services o Orientation program from families new to provision of homestay services o Bluecard for adults living in the homestay other than overseas students o Compliant Homestay risk management strategy, reviewed annually, undertaken by operator of the homestay program Updated: 1 July 2010 p. 48 12. Written agreements Name of School markets enters written agreements with students about services to be provided, fees payable and information in relation to refunds of course money. NC D St 3 NC D St 3.1 See Appendix 2 for a copy of Name of School’s written agreement. This information is provided to students in the following ways: [Give references to locations this can be found e.g., on website, in enrolment information package, etc.] ……… ……… Written agreements may cover more than one course if courses are similar, all requirements are met and if information provided on course money payable covers all courses. N.B: Schools may wish to seek legal advice as to whether the new Australian Consumer Law (ACL: http://www.treasury.gov.au/consumerlaw/content/default.asp ) has implications for written agreements with overseas students. It is the role of the following staff members to undertake these steps in updating and keeping records of the School’s Written Agreements: Staff Member Action REF Role of Staff member A copy of a signed written agreement is kept on each student’s file. [State whether original copies are required or whether there is a process for verifying electronically lodged agreements, and any procedures related to filing copies of agreements.] s 21 ESOS Act 2000 Role of Staff member If a written agreement needs to be updated, e.g., in the case of increase of school fees beyond the amount advised, attaching a signed amendment to the agreement to the original document kept on file. NC D St 2.1.e Role of Staff member Retaining records of each accepted student who had enrolled in a course and who has paid any course money for a course provided by the School for two years after the student ceases to be accepted as a student. (Records do not need to be updated after the date of cessation.) s 21 ESOS Act 2000 Information in this section should be checked and updated whenever there is a change to the local student admission form, conditions of enrolment, or policies or schedules relating to overseas Updated: 1 July 2010 p. 49 students. THIS SECTION LAST UPDATED BY ………………. THE WRITTEN AGREEMENT WAS LAST UPDATED BY ……… ON --/--/-ON --/--/-- [Optional: Insert copy of School’s Written Agreement. The sample Written Agreement below is from the ISCA 2007 National Code Transition handbook at www.isca.edu.au] XXXX School Written Agreement with Students 1. Student details Student name: Address: Phone no: Fax no: Email address: 2. Parent(s)/legal guardian details: Parent/Legal guardian name: Address: Phone no: Fax no: Email address: 3. Course enrolment a. Course Type and Entry level Updated: 1 July 2010 p. 50 Primary (K – 6) Specify entry year Junior Secondary (7 – 10) Specify entry year Senior Secondary (11 – 12) Specify entry year b. Course Start and End Date Course start date: Course end date: 4. 5. Conditions on enrolment/preliminary requirements a. Depending on the student’s English language ability, the student may be required to successfully complete an ELICOS course. [Schools would normally ask for evidence of the student’s English language ability e.g. English language test scores during the application process.] b. As a condition of enrolment, the student agrees to abide by all school policies for the duration of their enrolment and to disclose any medical or health conditions that may affect studies or student welfare [include all relevant school policies. These could include: Accommodation Policy Complaints and Appeals Policy Course Progress and Attendance Policy Behaviour Policy/Code of Conduct Student Transfer Request Assessment Policy Deferment, Suspension and Cancellation Policy Refund Policy.] c. As a condition of enrolment, the student authorises XXXX School to check visa entitlements electronically via VEVO on the Department of Immigration and Citizenship website: http://www.immi.gov.au/e_visa/vevo.htm . Course fees and other charges (course monies)] a. Tuition Fees: A$X per semester b. Overseas Student Health Cover (OSHC): A$X per semester c. Home stay fees (where applicable): A$X per semester d. Boarding fees (where applicable): A$X per semester e. Any other library/excursion fees etc (where applicable): A$X per semester Updated: 1 July 2010 p. 51 f. Fees for special/medical needs (if applicable): A$X per semester [Schools must include any other compulsory fees required to undertake the course. For example, in some states there is a fee to be paid to undertake a secondary certificate. Any information regarding expected increases in course fees etc should be included here also.] 6. 7. Payment of Course Fees and Refunds f. Fees are payable 12 months in advance. g. All fees must be paid in Australian dollars. h. If the student changes visa status (e.g. becomes a temporary or permanent resident) he/she will continue to pay full overseas student’s fees for the duration of that calendar year. i. Refunds will be reimbursed in Australian dollars and the payment sent to the applicant’s home country unless otherwise requested in writing. j. Refunds will be paid to the student or the person specified in the written agreement. Refund of course monies* a. XXXX School’s refund policy applies to all course monies paid to the school and includes any course monies paid to an education agent to be remitted to the school. [Change if school does not accept course monies from education agents] b. All notification of withdrawal from a course, or applications for refunds, must be made in writing and submitted to [insert appropriate person.] c. The school will refund within 28 days all course monies paid where the student’s application for enrolment is refused by the school or the student produces evidence that the application made by the student for a student visa has been rejected by the Australian immigration authorities. d. Refunds for student default apply to tuition fees only. Course monies (excluding tuition fees) will be refunded on a pro rata basis proportional to the amount of time the student was studying in the course, except where a non-refundable payment of behalf of the student has been made. e. If the student does not provide written notice of withdrawal and does not start the course on the agreed starting date, only one term’s (or ten weeks) tuition fees will be refunded from the annual tuition fee. f. The school will refund within 28 days of the receipt of written notification of withdrawal by the student (or parent(s)/legal guardian if the student is under 18) tuition fees paid by or on behalf of the student less the amounts to be retained as agreed and detailed below. i. If written notice is received up to 4 weeks prior to commencement of the course, the Updated: 1 July 2010 p. 52 ii. iii. iv. school will be entitled to retain an administration fee. [include details of the administration fee] If written notice is received less than 4 weeks prior to commencement of the course 70% of the tuition fee will be refunded. If written notice is received within six months of the commencement date of the student’s course, only one term’s (or ten weeks) tuition fees will be refunded from the annual tuition fee. If written notice is received more than six months after the commencement date of the student’s course no refund of tuition fees will be made. g. No refund of tuition fees will be made where a student’s enrolment is cancelled for any of the following reasons; i. Failure to maintain satisfactory course progress (visa condition 8202) ii. Failure to maintain satisfactory attendance (visa condition 8202) iii. Failure to maintain approved welfare and accommodation arrangements (visa condition 8532) [if applicable] iv. Failure to pay course fees v. Any behaviour identified as resulting in enrolment cancellation in XXXX School’s Behaviour Policy/Code of Conduct. [Schools should list the criteria here] h. In the unlikely event that XXXX School is unable to deliver your course in full, you will be offered a full refund of all course money you have paid to date. The refund will be paid to you within 2 weeks of the day on which the course ceased being provided. i. 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. For XXXX School’s full refund policy, see X. *This is a simplified version of the full sample refund policy for the purposes of the written agreement with students. See the sample refund policy for more information. Schools should amend this section and the full refund policy to suit individual school practices. 8. Welfare and accommodation requirements for students under the age of 18 [recommended inclusion] Students under the age of 18 are required to maintain adequate welfare and accommodation requirements as a condition of their student visa. Where a student under the age of 18 is not in the care of a parent or suitable relative, as defined by the Department of Immigration and Citizenship, their accommodation arrangements must be approved by the school. Will the student in the care of a parent or suitable relative? Yes No If no, type of accommodation school has approved for the student: Updated: 1 July 2010 p. 53 Homestay Supervised Accommodation Service Other Details of approved welfare and accommodation arrangements: Dates for approval of welfare and accommodation arrangements: From: To: [For more information, see Standard 5 – Younger students] 9. Change of Address The student is obliged to notify the school of any change of address while enrolled at the school. This is to ensure that any notifications sent to the student advising of visa breaches are sent to the student’s current address. Where XXXX School has approved the student’s welfare and accommodation arrangements, the student requires both the school’s and the parent’s approval for any changes to welfare and accommodation arrangements. 10. Privacy Information is collected on this form and during your enrolment in order to meet our obligations under the ESOS Act and the National Code 2007; to ensure student compliance with the conditions of their visas and their obligations under Australian immigration laws generally. The authority to collect this information is contained in the Education Services for Overseas Students Act 2000, the Education Services for Overseas Students Regulations 2001 and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007. Information collected about you on this form and during your enrolment can be provided, in certain circumstances, to the Australian Government and designated authorities and, if relevant, the Tuition Assurance Scheme and the ESOS Assurance Fund Manager. In other instances information collected on this form or during your enrolment can be disclosed without your consent where authorised or required by law. [This is the DEEWR suggested wording available at http://aei.dest.gov.au/AEI/ESOS/NationalCodeExplanatoryGuide/PartD/InfoSharing_pdf.pdf] Updated: 1 July 2010 p. 54 For more information on privacy, please refer to XXXX School’s Privacy Policy at X. 11. Declaration All students and parent(s)/legal guardian (if student is under 18 years of age) must read and sign this written agreement. I confirm I have received and understood information from the school regarding the following: the course(s) in which I am to be enrolled conditions on enrolment in the course(s) all course and course-related fees XXXX School’s Refund Policy the sharing of personal information change of address obligations grounds on which my enrolment may be deferred, suspended or cancelled I hereby declare that the information supplied by me is true and correct I agree to pay all fees owing and by the due date I have read, understood and agree to be bound by the above conditions of enrolment Signed (student) Date Signed (parent(s)/legal guardian) Date Updated: 1 July 2010 p. 55 13. Policy about education agents, providing up to date materials and listing education agents on school website NC D St 4 ESOS Act 2000 s21A [If the School does not use education agents, include a statement such as the following and make necessary changes to other parts of this section as required.] Education agents are not engaged to formally represent Name of School. The School responds to all enrolment enquiries and to applications for enrolment according to established procedures. [ If relevant, add:] Individuals making enrolment enquiries or assisting in any way with enrolment applications are not remunerated for doing so. If the School policy with regard to use of education agents changes in the future, the School is aware of its obligations under Standard 4 of the National Code of Practice for Registration Authorities and PROVIDERS OF Education and Training to Overseas Students 2007, and will at that time implement appropriate policies, procedures and agreements as required under the National Code. [Or if the School uses education agents, articulate a policy such as the example given below:] Education agents are engaged to formally represent Name of School under the following conditions : The education agent agrees to comply with the requirements of Standard 4 in the 2007 National Code The education agent signs and abides by the conditions of the School’s written agency agreement NC D St 4.1 The education agent responds appropriately to School monitoring activities and corrective and preventative action, and understands the grounds for termination of agreement as outlined in Standard 4.4 of the 2007 National Code NC D St 4.1 St 4.4 St 4.5 The education agent accurately promotes the services and facilities provided by the school and uses up to date marketing materials as supplied by the School Name of School will not accept a student from an education agent if it is known or suspected at any time that the agent engages in or has previously engaged in dishonest practices; NC D St 4.2 St 1 St2 NC D St 4.3.a-d deliberately attempts to recruit a student within the first six months of that student’s study in their principal course with another provider; facilitates the enrolment of a student he/she believes will not comply with visa conditions, or is not a bona fide student, or provides immigration advice where he/she is not authorised to do so Updated: 1 July 2010 p. 56 under the Migration Act 1958 A list of education agents with whom the school has a formal written agreement are listed on the home page of Name of School’s website and is readily available to students and regulators. Information provided about education agents includes at a minimum: ESOS Act 2000 s21A and DEEWR Letter to Providers 29/03/10 (from PRISMS Homepage) Agency name Name of principal agent Legal entity of agency Street address(es) of agency See Appendix 3 for a copies of Written education agency agreement School letter for due diligence and response to application to represent School Pro forma for tracking agency enquiries and applications See [Insert link] for : List of education agents posted on school home page of website Information is provided to education agents in the following ways: [customise as necessary] Agency Agreement Hard copy / electronic copy, original signed hard copy kept on file Agent’s Handbook Electronic copy updated………….. School Marketing Materials and Enrolment packages Hard copies posted ………… Feedback/evaluation returns Electronically Website links It is the role of the following staff members to undertake these steps in administering agents’ agreements, monitoring agents’ activities and updating marketing and other materials [customise as necessary] Staff Member Action Role of Staff member Undertake due diligence When new agent enquiry is received Role of Staff member Keep updated records of written agency agreements and of communications with agents Written agreements are reviewed annually Updated: 1 July 2010 REF When Outcome of NC D St 4 NC D St 4.1.a Operational p. 57 communications are recorded and filed Role of Staff member Keep updated list of agents used (i.e., with whom the school has a formal written agreement) available on or clearly searchable from the school home webpage Compliance required by 3 June 2010. There may be further requirements prescribed in ESOS Regs. ESOS Act 2000 s21A. Changes to ESOS Regulations are being determined. Role of Staff member Monitor agency activities on a regular basis Agents are contacted by email for feedback every X months NC D St 4.1.a St 4.3 Agents are visited [indicate how often] Agents are otherwise emailed/ called [indicate how often] Role of Staff member Take corrective or preventative action, or terminate agreements As required NC D St 4.4 St 4.5 Role of Staff member Provide agent access to updated and accurate marketing materials and school information [if relevant – and agents’ handbook] Updated materials are posted/sent electronically every[indicate month/ period of time] NC D St 4.2 St 1 St 2 Updated fees lists are provided [indicate month/ time of year] See Section 3. Checklist for Marketing Information and Practices above for list of marketing materials. See also Section 14. Processes for monitoring activities of Education agents below This policy should be checked and updated whenever there is a change in regulations about NC Standard 4 or in DIAC regulations about activities of education agents, or when existing School Updated: 1 July 2010 p. 58 policies regarding education agents need to be adapted or strengthened. THIS SECTION LAST UPDATED BY ………………. ON --/--/-- THE POLICY ON EDUCATION AGENTS WAS LAST UPDATED BY ………………. ON --/--/-- THE WRITTEN AGREEMENT FOR EDUCATION AGENTS WAS LAST UPDATED BY ………………. ON --/--/-THE WEBSITE LIST OF EDUCATION AGENTS WAS LAST UPDATED BY ………………. ON --/--/-- [if relevant – a template for an Agent’s Handbook is available from the Project Manager (International Education), Independent Schools Queensland.] THE AGENTS’ HANDBOOK WAS LAST UPDATED BY ………………. ON --/--/-- Note: The sample documents below relating to Standard 4, including the Education Agency Agreement are from the Independent Schools Council of Australia (ISCA) National Code 2007 Transition handbook for non-government schools enrolling full-fee paying overseas students, at www.isca.edu.au. XXXX School Agency Agreement Dated Between XXXX School ABN Number Address And YYYY Education Agent (the Agent) ABN Number or Company Registration Number Address [Include details of sub-contractors covered by the agreement if any] 1) Background a) The purpose of this document is to formalise the agreement for the Agent to represent XXXX School for the purpose of the recruitment of suitable students to study at XXXX School. b) Under the Education Services for Overseas Students Act 2000 (the ESOS Act) providers of education to overseas students are required to meet certain standards as are any education agents with whom the provider has entered into an agency agreement. c) The countries/regions covered by this agreement are: i) AAAA Updated: 1 July 2010 p. 59 ii) iii) 2) BBBB CCCC d) The term of this agreement is year(s) from the date of the agreement. e) For the purpose of this agreement, where a student or prospective student is under 18 years of age, the term ‘student’ is understood to include the parent(s)/legal guardians of the student or prospective student. Engagement of the Agent a) XXXX School engages the Agent to recruit suitable prospective students in the countries specified in 2.b. for the term of the agreement. b) This is a non-exclusive agreement. XXXX School may appoint other agents in the countries/regions specified in 2.b. c) 3) This agreement is only for the countries/regions as listed above. If the Agent wishes to expand its services to other countries/regions, this can only be done with the consent of XXXX School and amending the agency agreement. Responsibilities of the Agent a) Under this Agreement the Agent must; i) Promote XXXX School and its courses in the countries/regions specified in 1.c. ii) Recruit and assist in the recruitment of prospective students to undertake courses at XXXX School in accordance with the policies of XXXX School iii) Provide prospective students with any necessary information required under the ESOS Act including information about the courses, facilities and services of XXXX School iv) Assist in completing and submitting application forms to XXXX School v) Provide the school with up to date agency details required under ESOS legislation for publishing on the school website: - Agency Name - Name of principal agent - Legal entity - Street address(es) b) In performing these services, the Agent must; i) Promote XXXX School with integrity and accuracy and recruit prospective students in an honest and ethical manner ii) Inform prospective students accurately about the requirements of XXXX School using only material provided or approved by the school iii) Take reasonable steps to confirm the accuracy of information provided by prospective students in the application iv) Ensure that only signed and completed application are submitted to XXXX School v) Ensure that relevant fees and charges and supporting documentation accompany each application and acceptance of offer documents vi) Provide any offer documents received from XXXX School to the prospective student within 24 hours of receiving the offer documents vii) Only undertake promotional and marketing activities involving XXXX School that have Updated: 1 July 2010 p. 60 been approved by XXXX School 4) c) As per the requirements of the ESOS Act, the Agent must not engage in dishonest practices, including; i) Recruiting or attempting to recruit a student currently studying with another Australian education provider ii) Suggesting that a student come to Australia on a student visa for any reason other than for full time study iii) Facilitate the enrolment of students who the Agent believes will not comply with the conditions of their student visa iv) Use PRISMS to create a CoE for other than bona fide students, or v) Provide prospective students with immigration advice unless the agent is a separately registered migration agent (Migration Act 1958) d) In addition to 3.c. the Agent must not; i) Engage in false or misleading advertising or recruitment practices including misleading comparisons with any other education provider or their courses or inaccurate claims regarding any association between XXXX School and any other education provider ii) Facilitate applications by students who do not meet the visa criteria or make any guarantees about the likelihood of obtaining a student visa iii) Give false or misleading information relating to course fees payable or acceptance into a course iv) Receive or bank course fees payable to XXXX School by a prospective student or deduct any fees from the amount payable by the student to XXXX School v) Commit XXXX School to accept any prospective student into a course vi) Use or access PRISMS without the prior written consent of XXXX School vii) Recruit or attempt to recruit a prospective student who the agent knows to have engaged the services of another representative of XXXX School viii) Sign or encourage others to sign official documents, such as the application form, on behalf of the prospective student unless the student is under 18 years of age and that person is the prospective students parent(s)/ legal guardian ix) Submit an application to XXXX School on behalf of a student if the Agent is aware the prospective student has applied to other education providers x) Submit an application to XXXX School on behalf of a student the Agent is aware has been rejected by an education provider for a similar course e) The Agent must ensure that all staff of the Agent and any sub-contractors of the Agent are aware of the requirements of the ESOS Act f) Unless XXXX School agrees otherwise in writing, the cost of advertising and promotional activities undertaken by the Agent will be borne by the Agent. Responsibilities of XXXX School a) XXXX School must; i) Give the Agent sufficient information to enable the Agent to undertake its services, including information regarding the requirements of the ESOS Act ii) Give the agent up-to-date and accurate marketing materials iii) Assess completed applications from prospective students within a reasonable time of Updated: 1 July 2010 p. 61 iv) b) 5) 7) 8) XXXX School is not required to accept any prospective student referred by the Agent Confidentiality a) 6) receipt Pay any fees within the agreed timeframe The Agent must keep confidential: i) All information provided by XXXX School other than that which is needed to perform the Services in accordance with this agreement ii) The terms of this Agreement Agent’s Fees a) The fees payable are set out in Schedule 1. b) Subject to the provisions of this clause, XXXX School must pay the Agent’s fee for each student who: i) is recruited by the Agent ii) is enrolled in a course; and iii) has paid the course fee to XXXX School; and iv) has commenced the course and has had X weeks of satisfactory progress and attendance c) For the purposes of this Agreement, the Agent is regarded as having recruited the student under this agreement if the Agent submits the student’s application for enrolment and that application also bears the agent’s name. d) An Agent’s fee is not paid where a prospective student applies directly to XXXX School e) No Agent’s fee is payable unless the Agent has submitted an invoice in a form approved by XXXX School. f) XXXX School must pay the fees payable under this clause within 30 days of receipt of a valid invoice from the Agent. Assignment and Sub-contracting a) The Agent must not assign this Agreement or any right under this Agreement without the prior consent of XXXX School. b) Apart from sub-contractors listed in this Agreement, the Agent must not sub-contract to any person the performance of any of its obligations under this Agreement without the prior consent of XXXX School. c) Despite any sub-contract, the Agent remains liable for performing its obligations under this Agreement. Monitoring of Agent’s activities Updated: 1 July 2010 p. 62 a) 9) 10) 11) The Agent must participate in a range of activities to review the performance of the Agent. These activities may include but are not limited to: i) A regular review of the Agent’s performance, to be undertaken at least every six months at the discretion of XXXX School including a record of inquiries and outcomes as set out in Schedule 2, ii) Spot checks to be undertaken by representatives of XXXX School both at the agents premises and at promotional events iii) A yearly survey of parents of students and students recruited by the Agent Corrective Action a) If at any point during the term of this Agreement, XXXX School believes or reasonably suspects that the Agent is negligent, careless or incompetent or is engaged in false misleading or unethical advertising or recruitment practices, the Agreement may be terminated under the terms set out below in clause 10. b) Alternatively, XXXX School may decide at its discretion to engage in corrective action with the Agent. These activities may include but are not limited to: i) On-shore training for the Agent ii) Requiring the Agent to complete the AEI on-line Agent Training Course Terminating this agreement a) Either party may terminate this Agreement at any time by giving the other party 30 days notice in writing b) If the Agent breaches any part of this Agreement, XXXX School may terminate the Agreement at any time and with immediate effect by giving written notice to the agent c) If the Agent breaches any part of 3.c, XXXX School will immediately terminate the Agreement with immediate effect by giving written notice to the agent except where the breach of 3.c. was on the part of an individual employee or sub-contractor of the Agent and the Agent has terminated that relationship d) On termination of this agreement, the Agent must: i) Submit all applications and fees from prospective students received up to the termination date; and ii) Immediately cease using any advertising, promotional or other material supplied by XXXX School and return all materials to XXXX School within 30 days. e) The termination of this agreement by either party does not affect any accrued rights or remedies of either party. Dispute Resolution/Mediation a) In the event of any grievance or disputed decision the Agent is able to access XXXX School’s Updated: 1 July 2010 p. 63 Complaints and Appeals Policy. b) 12) Entire Agreement a) 13) This agreement and its schedules: i) constitutes the full agreement between the parties as to its subject matter; and ii) in relation to the subject matter replaces and supersedes any prior arrangement or agreement between the parties Variation a) 14) If the matter cannot be resolved through use of XXXX School’s Complaints and Appeals Policy see 14.b. This agreement may only be varied in writing, signed by both parties. Governing Law a) b) This Agreement is governed by and construed in accordance with the law in force in the State/Territory of , Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State/Territory of , Australia. Signed for XXXX School by an authorised officer Signed for the YYYY Agent, by an authorised officer Signature of Officer Signature of Officer Name of Officer (print) Name of Officer (print) Office held Office held Schedule 1 1) Commission Schedule a) X% of the first year’s tuition fees for school students (+ Y% of any subsequent year) b) X% of total ELICOS tuition fee for ELICOS students [Every school will have its own method for calculating agent’s fees.] Updated: 1 July 2010 p. 64 Schedule 2 Half yearly return of Agency Enquiry Outcomes for XXXX School 1) Applications lodged Enquiry Date 2) Name of Student DOB Yr Level requested Application Accepted Yes No Date Outcome advised Reason if not accepted Commission Date Received requested No application lodged Enquiry Date Gender Return lodged by: Updated: 1 July 2010 Yr Level requested Follow up undertaken Reason for withdrawal of interest Date: p. 65 NC D St 4 14. Processes for monitoring activities of education agents Name of School practices due diligence in responding to agent enquiries by requesting comprehensive information about the agency and references from reputable sources. Outcome of NC D St 4 Agents with whom Name of School has a formal written agreement are listed on the home page of the school website at: [insert link] Prospective agents are requested to provide as much of the following information as is possible: 1) Company profile Details of principal’s background and qualifications Number of staff Details of key staff members and/or school consultants Number of years in existence Services provided by the company Location and details of offshore offices Location and details of sub-contractors Location and details of any off-shore partners 2) Company registration details 3) Details of past and present experience recruiting students For Australian or New Zealand schools For other education sectors Number of students 4) Familiarity with Australian education industry Knowledge of ESOS Act Knowledge of National Code Completion of the Education Agent Training Course (EATC) 5) Experience in Education industry generally Any other major business areas 6) Details of markets from which recruit Geographical area Characteristics of potential market 7) Names of any professional organisations of which the agent is a member Updated: 1 July 2010 p. 66 8) Outline of services to be provided 9) Written references, dated and with contact details from three sources An Australian Government Officer or Agency An Australian or New Zealand school A referee of the agent’s choice See Appendix 3 for copies of Agency letters Agent activities are monitored on a regular basis through tracking of the following: Number of enquiries overall Ways enquiries are followed up Reasons applications were not lodged following an enquiry Number of applications lodged overall Number of applications accepted Reasons applications were rejected Timelines for - date of enquiry - lodgement of application - application decision - receipt of commission invoice - payment of commission See Appendix 3/ Schedule 2 of Agent’s Agreement for copy of pro forma for tracking agency enquiries and applications Updated: 1 July 2010 p. 67 15. Critical incident policy and procedures Name of School has a Critical Incident Policy and procedures that cover Action to be taken in the event of a critical incident NC D St 6 NC D St 6 Follow up of the incident Records of the incident and action taken Administrative documents relating to the School’s Critical Incident Policy are [customise as necessary] School Critical Incident Policy document Requirements additional to School policy for Overseas Students Critical Incident Plans for Overseas Students Pro forma for Critical Incident Report See Appendix 8 for copies of these documents Copies of these documents are located in the school as follows: ………. ……… Information about management of critical incidents is provided to staff [if relevant, add – and homestay providers ] in these ways: ………. ……… [Optional – this information may be covered in documents attached, or may be recorded again here in this format- the headings used are from the sample ISCA policy- details are below] It is the role of the following staff members to undertake these responsibilities in relation to management of critical incidents involving overseas students Name of Staff Member(s) (or could be Critical Incident Management Committee) Updated: 1 July 2010 Area of Responsibility i) risk assessment of hazards and situations which may require emergency action ii) analysis of requirements to address these hazards iii) establishment of liaison with all relevant emergency services e.g. police, fire brigade, ambulance, hospital, poisons information p. 68 centre, community health services iv) 24 hour access to contact details for all students and their families (for schools with overseas students this will also include agents, homestay families, carers, consular staff, embassies and interpreting services if necessary) v) 24 hour access to contact details for all relevant staff members needed in the event of a critical incident e.g. school counsellor, welfare officer, legal services, school security vi) development of a critical incident plan for each critical incident identified vii) dissemination of planned procedures viii) organisation of practice drills ix) regular review of the critical incident plan x) assisting with implementation of the critical incident plan xi) arranging appropriate staff development xii) budget allocation for emergencies The following staff member / department is responsible for reviewing and updating the School Critical incident policy and procedures: Name of Department / Officer(s) Role(s) This policy should be checked and updated whenever there is a change in regulations about NC Standard 6, or when existing policies need to be adapted or strengthened. THIS SECTION LAST UPDATED BY ………………. ON --/--/-- THE CRITICAL INCIDENT POLICY AND PROCEDURES WERE LAST UPDATED BY ………………. ON --/--/-- [Optional: Insert a copy of the School’s Critical Incident Policy or details additional to general School policy that are needed for overseas students or list and attach in Appendix 7. [The sample critical incident policy, sample critical incident plan (injury to an overseas student) and a pro forma for reporting a critical incident below are from the Schools Council of Australia (ISCA) National Code 2007 Transition handbook for non-government schools enrolling full-fee paying overseas students, at www.isca.edu.au.] XXXX School Critical Incident Policy Updated: 1 July 2010 p. 69 2) XXXX School recognises the duty of care owed to its students and that planning for the management of a critical incident is essential. 3) A critical incident is a traumatic event, or the threat of such (within or outside Australia) which causes extreme stress, fear or injury. This may include but is not limited to: a) Serious injury, illness or death of a student or staff b) Students or staff lost or injured on an excursion c) A missing student d) Severe verbal or psychological aggression e) Physical assault f) Student or staff witnessing a serious accident or incident of violence g) Natural disaster e.g. earthquake, flood, windstorm, hailstorm or extremes of temperature h) Fire, bomb threat, explosion, gas or chemical hazard i) Social issues e.g. drug use, sexual assault 4) Critical Incident Committee a) XXXX School has a Critical Incident Committee to assist the principal in the prevention and management of critical incidents at the school, or off campus in the case of an overseas student for whom the school has undertaken care responsibilities. b) [Insert positions/name here] is the critical incident team leader. c) The Critical Incident Committee also includes: i) the principal, ii) staff members [specify who] iii) the school counsellor iv) students [if relevant] v) other members of the school community e.g. P&F representative [if relevant] vi) the international student co-ordinator [or person with a similar position] vii) homestay co-ordinator [if relevant] d) The responsibilities of the committee include: i) risk assessment of hazards and situations which may require emergency action ii) analysis of requirements to address these hazards iii) establishment of liaison with all relevant emergency services e.g. police, fire brigade, ambulance, hospital, poisons information centre, community health services iv) 24 hour access to contact details for all students and their families (for schools with overseas students this will also include agents, homestay families, carers, consular staff, embassies and interpreting services if necessary) v) 24 hour access to contact details for all relevant staff members needed in the event of a critical incident e.g. school counsellor, welfare officer, legal services, school security vi) development of a critical incident plan for each critical incident identified vii) dissemination of planned procedures viii) organisation of practice drills ix) regular review of the critical incident plan x) assisting with implementation of the critical incident plan Updated: 1 July 2010 p. 70 xi) arranging appropriate staff development xii) budget allocation for emergencies 5) 6) Critical Incident Plans a) All critical incident plans assign responsibilities among relevant staff members; cover all the actions to be taken and timelines for doing so. b) Immediate Action (within 24 hours) i) Identify the nature of the critical incident ii) Notification of the critical incident committee/team leader iii) Implement the appropriate management plan or action strategy iv) Assignment of duties and resources to school staff v) Seeking advice and help from any necessary emergency services/hospital/medical services vi) Dissemination of information to parents and family members vii) Completion of a critical incident report viii) Media response if required (see below) ix) Assess the need for support and counselling for those directly and indirectly involved c) Additional Action (48 – 72 hours) i) Assess the need for support and counselling for those directly and indirectly involved (ongoing) ii) Provide staff and students with factual information as appropriate iii) Restore normal functioning and school delivery d) Follow-up – monitoring, support, evaluation i) Identification of any other people who may be affected by critical incident and access of support services for affected community members ii) Maintain contact with any injured/affected parties iii) Provision of accurate information to staff and students where appropriate iv) Evaluation of critical incident management v) Be aware of any possible longer term disturbances e.g. inquests, legal proceedings Resources a) 7) The nature of critical incidents is such that resources cannot always be provided in anticipation of events. The critical incident committee uses its discretion to provide adequate resources – both physical and personnel – to meet the needs of specific situations. Staff will be reimbursed for any out-of-pocket expenses. Managing the Media a) b) Manage access of the media to the scene, and to staff, students and relatives The principal should normally handle all initial media calls Updated: 1 July 2010 p. 71 c) d) e) f) g) 8) Determine what the official school response will be All facts should be checked before speaking to the media If accurate information is unavailable or the issue is of a sensitive nature, explain that questions cannot be answered at this time Avoid implying blame or fault for any part of the incident as this can have significant legal implications The principal may delegate media liaison to another member of staff Evaluation and review of management plan a) After every critical incident, a meeting of the critical incident committee will be held to evaluate the critical incident report and the effectiveness of the management plan and to make modifications if required. If appropriate this process will incorporate feedback from all staff, students and local community representatives. Example of a critical incident plan - injury to overseas student 1) Immediate Action (within 24 hours) a) Identify the nature of the critical incident b) The person, who is initially notified of the incident, be that the school secretary or homestay co-ordinator or international student co-ordinator, should get as much information as possible regarding the nature of the critical incident. i) Where did the injury occur? On campus or off? ii) How severe is the nature of the injury? iii) Where is the student now? iv) Is the student in hospital? v) Has an ambulance been called? vi) Is an interpreter required? c) The information should be documented for further reference. d) Notification of the critical incident committee/team leader e) The person who is initially notified of the incident should notify the critical incident team leader immediately. f) Assignment of duties to school staff i) The critical incident team leader will identify the staff member responsible for any immediate action. ii) The incident will then be referred to the identified staff member. iii) The responsible staff member should keep in close contact with the critical incident team leader and any other staff members as required. g) Implement the appropriate management plan or action strategy i) If the student is on campus Ensure appropriate intervention to minimise additional injury Updated: 1 July 2010 p. 72 - Provide first aid where necessary Ascertain seriousness of injury Call ambulance if required If ambulance is required, accompany student to hospital Ascertain seriousness of injury from hospital staff If ambulance is not required accompany student to relevant medical service e.g. doctor ii) If the student is off-campus If situation appears serious, call an ambulance and either meet the ambulance at the student’s location or at the hospital Otherwise go to location of student Provide first aid where necessary Ascertain seriousness of injury Call ambulance if required If ambulance is required, accompany student to hospital Ascertain seriousness of injury from hospital staff If ambulance is not required accompany student to relevant medical service e.g. doctor iii) If the student has already been taken to hospital Go to hospital Ascertain seriousness of injury from hospital staff h) Dissemination of information to parents and family members i) When there are a number of people to contact such as when a student is in a homestay, the school should attempt to simultaneously contact all parties. ii) Contact the parents/legal guardian of the student iii) Contact the carer of the student e.g. they may be living with a relative iv) Contact the homestay family of the student i) Completion of a critical incident report [see sample critical incident report] j) Media response if required k) Inform critical team leader of any relevant factual information to be conveyed to the media liaison. l) Assess the need for support and counselling for those directly and indirectly involved m) If the student is seriously injured or requires hospitalisation, the school should enlist aid of overseas consular staff to assist the family if they are travelling to Australia, with interpreting services to aid in communication with the relevant medical services and with counselling services if required. n) The school should assess whether other staff and students have been affected by the incident and provide support and counselling as required. o) The school should also contact DIAC and inform them of the incident. Updated: 1 July 2010 p. 73 2) 3) Additional Action (48 – 72 hours) a) Assess the need for support and counselling for those directly and indirectly involved (ongoing) b) Provide staff and students with factual information as appropriate i) Depending on the nature of the incident, it may be appropriate for the principal to address the school and inform them of the facts of the incident and the condition of the student concerned. c) Restore normal functioning and school delivery i) Where the incident occurred on school premises, there will be other procedures to follow in relation to any possible safety issues and the school’s legal obligations. The critical incident committee should identify the appropriate staff member to follow up these issues. Follow-up – monitoring, support, evaluation a) Identification of any other people who may be affected by critical incident and access of support services for affected community members i) The effects of traumatic incidents can be delayed in some people; the school needs to be aware of any emerging need for support and/or counselling. b) Maintain contact with any injured/affected parties c) If the student is in hospital for some time, the school needs to maintain contact with the student and their family. i) Support and assistance for the student and family ii) Depending on the condition of the student, the school could provide school work for the student to enable them to remain in touch with school activities iii) Discuss with the family any required changes to the enrolment of the student e.g. suspension or cancellation of enrolment and make any changes required on PRISMS d) Provision of accurate information to staff and students where appropriate i) Depending on the nature of the incident, it may be appropriate for the principal to address the school and inform them of the facts of the incident and the condition of the student concerned. e) Evaluation of critical incident management i) The critical incident committee should be held to evaluate the critical incident report and the effectiveness of the management plan and to make modifications if required. f) Be aware of any possible longer term effects on the school and student well-being e.g. inquests, legal proceedings Updated: 1 July 2010 p. 74 XXXX School Critical Incident Report To be completed after all critical incidents. Date: Action Officer: Position: Brief summary of incident: include where, when, who, and why as appropriate. Further information/documentation may be attached. Immediate action taken: Further action required: Persons or staff notified and time & date Signature Updated: 1 July 2010 Date p. 75 16. (a) Monitoring of course progress to complete course within expected duration (course progression) (b) Course progress policy and procedures for monitoring, intervention and reporting (c) Attendance policy and procedures for monitoring, intervention and reporting NC D St 9 NC D St 10 NC D St 11 It is required under the National Code 2007 that Name of School must a) b) c) d) monitor the enrolment load of students to ensure they complete the course within the duration specified in their CoE , and do not exceed the allowable portion of online or distance learning, and ensure that any extensions granted to duration of study comply with conditions under Standard 9 systematically monitor students’ course progress and attendance be proactive in notifying and counselling students at risk of failing to meet require course progress and / or attendance requirements, and report students who have breached course progress and / or attendance requirements under Section 19 of the ESOS Act Name of School’s Course progress and attendance policy combines all requirements of Standards 9, 10 and 11 of the National Code 2007. See Appendix 8 / below for a copy of Name of School’s Course Progress and attendance policy In brief, Name of School’s Course progress and attendance policy states to achieve satisfactory course progress at Name of School, a student must [List requirements as per policy] …………. …………… ………… When a student is identified at risk of not meeting course progress requirements, one or more of the following intervention strategies will be activated by the [ Customise as applicable : ESL teacher / Subject teacher / Year level co-ordinator and change strategies below to suit] depending on the year level and support needs of the student: Updated: 1 July 2010 p. 76 Strategy Contact for Junior School Students Contact for Middle School Students Contact for Senior School Students Subject tutorial support in class time After hours tutorial support Mentoring Additional ESL support Change of subject selection, or reducing course load (without affecting course duration) Counselling academic skills Counselling – time management Counselling personal Other Information about compliance with student visa conditions is provided to School staff and to students in these ways: [Give references to locations this can be found e.g., on website, in enrolment information package, staff induction etc.] ………. ……… Information about School policy requirements, intervention and support processes is provided to students and staff in the following ways: [Give references to locations this can be found e.g., on website, in enrolment information package, staff induction etc.] ………. ……… Administrative documents relating to the School’s policies and procedures related to course progress and attendance, including monitoring, intervention and reporting instances of noncompliance are[customise as necessary] Overseas student Referral Form for Intervention [there is not a sample for this – Schools may use or adapt an existing form for referral to support services] Letter of intention to report for unsatisfactory course progress Letter of intention to report for unsatisfactory attendance See Appendix 6 for copies of these documents Updated: 1 July 2010 p. 77 Diagrammatic Overview of School Monitoring Activities Standards 9, 10 & 11. MONITORING AND INTERVENTION OF STUDENT ATTENDANCE, COURSE PROGRESSION AND PROGRESS If student is assessed as not meeting School’s course progress requirements, the School’s intervention strategy is activated, aimed at assisting student to meet satisfactory course progress requirement by the end of the next study period (term/semester) Student is advised of Course progress requirements and results are checked at end of each term/semester At a minimum, the intervention strategy must be activated where the student has failed or is deemed not yet competent in 50% or more of the units attempted in any study period. The strategy can be activated before this point but not after this point. Course progress is checked at the end of each term/semester Student must at all times be in a position to complete the course within the expected duration specified in their CoE and not exceed the allowable amount of online or distance learning. Extension of duration of study can only occur in given circumstances. Ref. Standard 9 for details (not usually a need for this in a school setting.) Attendance is checked and recorded daily, assessed for compliance at regular intervals and calculated over each term/semester. Student is advised of attendance requirements and is contacted and counselled if absent for more than 5 consecutive days without approval , or if at risk of not meeting attendance requirements FOR COURSE PROGRESS AND ATTENDANCE, IF INTERVENTION FAILS, NOTIFICATION OF INTENTION TO REPORT, ACCESS TO APPEALS PROCESS, REPORT VIA PRISMS IF NECESSARY If the student is assessed as not meeting course progress or attendance requirement, the School notifies the student in writing of its intention to report, and advises there are 20 working days to access the School’s complaints and appeals process. (Notice of the timeframe to access the external appeals process should also be giver – see also Section 10. Complaints and appeals policy) If the student has chosen not to access the complaints and appeals processes, or the process is completed and results in a decision supporting the School, the School notifies DEEWR via PRISMS asap that the student is not achieving satisfactory attendance. N.B. If the student is under 81 yo, and if the school has undertaken responsibility for approving care and welfare arrangements for the student, provisions under Standard 5.3 apply. If attendance drops below xx percent, student is deemed at risk of not attending for 80% of scheduled course contact hours and is contacted and counselled / offered support It is the role of the following staff members to undertake these actions in administering the School’s Course progression, progress and attendance policies and procedures [customise as necessary] FOR COURSE PROGRESSION (St 9) Staff Member Role of Staff Updated: 1 July 2010 Action Monitor the student’s course progression to Time frame At the end of each study period REF Outcome of NC D St 9, and provisions under St p. 78 member ensure they will not need additional time in order to complete their course, and meet any other requirements under Standard 9 (term/semester) 9.1-5. FOR COURSE PROGRESS (St 10) Role of Staff member Determine staff roles and responsibilities for implementing School course progress policy, including requirements for achieving satisfactory course progress, activating intervention strategies and determining the point at which the student has failed to achieve satisfactory course progress At time of policy creation, and when staff changes occur. NC D St 10.1 St 10.2 Role of Staff member Checking school reports in each subject/unit to determine if student is meeting requirements as per School policy and advising [Insert name/role of staff member] if student is at the point of needing intervention At the end of each [term/semester] NC D St 10.1 St 10.3 Role of Staff member Counselling student and arranging intervention strategies for student as needed to assist student meet course progress requirements When school reports have been checked and student identified as being at risk NC D St 10.4 St 10.5 Role of Staff member Monitoring student response to intervention strategies When the School policy requirements trigger intervention and no later than when the student NC D St 10. 5 Updated: 1 July 2010 p. 79 fails or is deemed not competent in 50% or more of subjects/units studied during the [term/semester], and throughout the following [term/semester] Role of Staff member Assessing whether student is meeting visa condition for satisfactory course progress, and if not, notifying the student in writing of a) School’s intention to report b) b) access to school’s appeals process must be within 20 working days (internal) [Optional: and x days to access the external appeals process] Role of Staff member Notifying DEEWR via PRISMS that the student is not achieving satisfactory course progress and following through with delivery of the Section 20 Notice See also FAQ 11 “How does a School report a student for unsatisfactory course progress?” for Standard 10 in ISCA Transition Handbook : www.isca.edu.au When the student is assessed as not being able to meet course progress requirements as per Standard 10, after the intervention strategies have been activated and progress reassessed As soon as practicable at the point when NC D St 10.6 NC D St 10.7 a) the student has chosen not to access the School’s complaints and appeals process within the 20 day working period, or b) withdraws from the process, or c) the process is completed and results in a decision Updated: 1 July 2010 p. 80 favouring the School FOR COURSE ATTENDANCE (St 11) Role of Staff member Determine staff roles and responsibilities for implementing School attendance policy, including method and frequency of attendance calculations, and point of intervention At time of policy creation, and when staff changes occur. NC D St 11 Role of Staff member Recording attendance and advising [Insert name/role of staff member] if student is absent more than 5 [or fewer if this is School policy] consecutive days without approval. Daily, in accordance with school procedures NC D St 11.1 St 11.3.b St 11.4 St 11.5 Role of Staff member Calculating percentage attendance for each overseas student and advising [Insert name/role of staff member] if student is approaching point of intervention Every [Insert no. of days/weeks during term time] NC D St 11.3 St 11.5 Role of Staff member Contacting and counselling student where he/she has not attended for 5 [or fewer if this is School policy] consecutive days, and / or if he/she is at risk of not meeting attendance requirements, and arrange any necessary support and/or follow up When the prescribed intervention points of [Insert % attendance prior to 80% which is the trigger for intervention] or no. of consecutive absences have been reached NC D St 11.3 St 11.4 Role of Staff member Assessing whether student is meeting visa condition for satisfactory attendance, and if not, whether the When the student is assessed as not being able to meet attendance requirements as NC D St 11.3 St 11.6 St 11.9 Updated: 1 July 2010 p. 81 provisions under St 11.9 apply. If St 11.9 provisions do not apply, notifying the student in writing of per Standard 11. c) School’s intention to report d) b) access to school’s appeals process must be within 20 working days (internal) [Optional: and x days to access the external appeals process] Role of Staff member Notifying DEEWR via PRISMS that the student is not achieving satisfactory attendance See also FAQ 12 “How does a School report a student for unsatisfactory course attendance?” for Standard 11 in ISCA Transition Handbook: www.isca.edu.au As soon as practicable at the point when NDC D St 11.7 d) the student has chosen not to access the School’s complaints and appeals process within the 20 day working period, or e) withdraws from the process, or f) the process is completed and results in a decision favouring the School NB In the case of reporting a student under Standards 10 an 11, it is DIAC expectation that the School a) understands that the Section 20 Notice is a legal document and should not be accompanied by other documentation b) will ensure the Section 20 Notice is delivered to the student at the correct address, and the student clearly understands that he / she must report to a DIAC Office within 28 days c) evidence of delivery and receipt of the Section 20 Notice is filed d)continues to monitor accommodation and welfare arrangements as per Standard 5 if applicable The following staff member / department is responsible for reviewing and updating the School Updated: 1 July 2010 p. 82 Course progress and attendance policy and procedures: Name of Department / Officer(s) Role(s) This policy and these procedures should be checked and updated whenever there is a change in regulations about NC Standards 9 and 10 or 11 or in DIAC regulations, or when existing policies need to be adapted or strengthened. THIS SECTION LAST UPDATED BY ………………. ON --/--/-- THE POLICY AND PROCEDURES FOR MONITORING COURSE DURATION, PROGRESS AND ATTENDANCE WAS LAST UPDATED BY ………………. ON --/--/-[The sample School Course Progress and Attendance Policy below is from the Independent Schools Council of Australia (ISCA) National Code 2007 Transition handbook for nongovernment schools enrolling full-fee paying overseas students, at www.isca.edu.au.] XXXX School Course progress and attendance policy 1) Course Progress a) The school will monitor, record and assess the course progress of each student for the course in which the student is currently enrolled. b) The course progress of all students will be assessed at the end of each semester of enrolment. c) Students who have begun part way through a semester will be assessed after one full period of attendance. d) To demonstrate satisfactory course progress, students will need to achieve competency in at least X% of units in any study period [or any other measure of satisfactory course progress as required by the school]. e) If a student does not achieve competency in at least 50% of units studied in an assessment period, the [insert role of school staff member] will meet with the student to develop an intervention strategy for academic improvement. This may include; i) additional supervised study periods ii) tutorial assistance iii) other intervention strategies as deemed necessary [Schools will have their own policies for the point at which intervention occurs. Under the National Code 2007, at a minimum the school must implement an intervention strategy if a student is deemed not competent in 50% or more of the units in any one study period.] f) A copy of the student’s individual strategy and progress reports in achieving Updated: 1 July 2010 p. 83 improvement will be forwarded to parents. 2) 3) g) The student’s individual strategy for academic improvement will be monitored over the following semester by [insert role of school staff member] and records of student response to the strategy will be kept. h) If the student does not improve sufficiently academically and achieve satisfactory course progress by the end of the next assessment period, XXXX School will advise the student in writing of its intention to report the student for breach of visa condition 8202, and that he/she has 20 working days in which to access the school’s internal complaints and appeals process. i) The school will notify DEEWR via PRISMS of the student not achieving satisfactory course progress as soon as practicable where i) the student does not access the complaints and appeals process within 20 days, or ii) withdraws from the complaints and appeals process, or iii) the complaints and appeals process results in favour of the school Completion within expected duration of study (course progression) a) As noted in 1.a., the school will monitor, record and assess the course progress of each student for the course in which the student is currently enrolled. b) Part of the assessment of course progress at the end of each semester will include an assessment of whether the student’s progress is such that they are expected to complete their course within the expected duration of the course. c) The school will only extend the duration of the student’s study where the student will not complete their course within the expected duration due to: i) compassionate or compelling circumstances ii) student participation in an intervention strategy as outlined in 1.e. iii) an approved deferment or suspension of study has been granted in accordance with XXXX School’s Deferment, Suspension and Cancellation Policy. d) Where the school decides to extend the duration of the student’s study, the school will report via PRISMS and/or issue a new COE if required. Course attendance a) Satisfactory course attendance is attendance of 80% of scheduled course contact hours. b) Student attendance is: i) checked and recorded daily ii) assessed regularly iii) recorded and calculated over each semester. c) Late arrival at school will be recorded and will be included in attendance calculations. d) All absences from school should be accompanied by a medical certificate, an Updated: 1 July 2010 p. 84 explanatory communication from the student’s carer or evidence that leave has been approved by the Principal/Head of School. e) Any absences longer than 5 consecutive days without approval will be investigated. f) Student attendance will be monitored by [insert staff member’s role] every x days/weeks over a semester to assess student attendance using the following method.[The school decides how often to assess on a regular basis and what method of calculation it will use] i) Calculating the number of hours the student would have to be absent to fall below the attendance threshold for a semester e.g. number of study days x contact hours x 20%.[For example, an eight week semester with 5 contact hours a day would equal 200 contact hours. 20% of this is 40 hours.] ii) Any period of exclusion from class will not be included in student attendance calculations. [See Standard 13 – Deferring, suspending and cancelling enrolment for an explanation of this item] g) Students at risk of breaching XXXX School’s attendance requirements will be counselled and offered any necessary support when they have absences totalling X hours during any assessment period. [Schools will need to judge at what point they think intervention and counseling is necessary] h) If the calculation at 3.f. indicates that the student has passed the attendance threshold for the study period, XXXX School will advise the student of its intention to report the student for breach of visa condition 8202, and that he/she has 20 working days in which to access the school’s internal complaints and appeals process except in the circumstances outlined in 3.j. i) The school will notify DEEWR via PRISMS of the student not achieving satisfactory course attendance as soon as practicable where: i) the student does not access the complaints and appeals process within 20 days ii) withdraws from the complaints and appeals process iii) the complaints and appeals process results in a decision for the school. j) Students will not be reported for failing to meet the 80% threshold where: i) the student produces documentary evidence clearly demonstrating compassionate or compelling circumstances e.g., medical illness supported by a medical certificate, and ii) has not fallen below 70% attendance. k) The method for calculating 70% attendance is the same as that outlined in 3.f. with the following change; number of study days x contact hours x 30%. l) If a student is assessed as having nearly reached the threshold for 70% attendance, [insert position] will assess whether a suspension of studies is in the interests of the student as per XXXX School’s Deferment, Suspension and Cancellation Policy. m) If the student does not obtain a suspension of studies under the XXXX School’s Deferment, Suspension and Cancellation Policy, and falls below the 70% threshold for attendance, the process for reporting the student for unsatisfactory attendance (breach of Updated: 1 July 2010 p. 85 visa condition 8202) will occur as outlined in 3.h. – 3.i 4) Definitions a) Compassionate or compelling circumstances - circumstances beyond the control of the student that are having an impact on the student’s progress through a course. These could include: i) serious illness, where a medical certificate states that the student was unable to attend classes ii) bereavement of close family members such as parents or grandparents iii) major political upheaval or natural disaster in the home country requiring their emergency travel that has impacted on their studies iv) a traumatic experience which has impacted on the student (these cases should be where possible supported by police or psychologists’ reports) v) where the school was unable to offer a pre-requisite unit vi) inability to begin studying on the course commencement date due to delay in receiving a student visa For other circumstances to be considered as compassionate or compelling, evidence would need to be provided to show that these were having an impact on the student’s progress through a course. b) Expected duration – the length of time it takes to complete the course studying full-time. This is the same as the registered course duration on CRICOS. c) School day – any day for which the school has scheduled course contact hours Updated: 1 July 2010 p. 86 17. Other intervention processes for overseas students [Schools may wish to use this section to briefly outline school pastoral care or other internal processes which occur in assisting identifying and providing support for students at risk.] In addition to the intervention processes identified in Sections 16, Name of School identifies and supports students at risk in these ways: [examples only] Pastoral Care System Academic / Careers Counselling Program for Years 11 and 12 Buddy system Other…. All staff members involved in these processes are responsible for reporting to the appropriate staff member or the designated overseas student contact officer any overseas students identified as being at risk in the school pastoral care/ academic counselling program. THIS SECTION LAST UPDATED Updated: 1 July 2010 BY ………………. ON --/--/-- p. 87 18. Overseas student orientation program It is a requirement under the National Code 2007 that Name of School must assist full fee paying overseas students to adjust to study and life in Australia through an age and culturally appropriate orientation program that includes information about: NC D St 6 NC D St 6.1.a-f Student support services available to assist on the transition to life and study in a new environment Legal services Emergency and health services School facilities and resources Complaints and appeals processes School Course progress and Attendance policies (to meet relevant visa conditions) Additionally, Name of School provides the following as required under Standard 6 of the National Code 2007: Opportunity to access services designed to assist students to meet course progress and attendance requirements NC D St 6.2 Opportunity to access welfare related support services to assist with issues arising from meeting course progress and attendance requirements, accommodation or other issues arising during their study NC D St 6.3 The following staff member / department is responsible for ensuring overseas students undertake the School Orientation Program as per Standard 6 .1.a-f. Name of Department / Officer(s) Role(s) The following staff member / department is responsible for assisting students to meet course progress requirements, and to co-ordinate intervention strategies as necessary Name of Department / Officer(s) Role(s) The following staff member / department is responsible for assisting students to meet attendance requirements, and to co-ordinate intervention strategies as necessary Name of Department / Officer(s) NC D St 6.2 St 10 NC D St 6.2 St 11 Role(s) Documents / materials / activities used for the School’s Student Orientation Program are: [Customise as necessary] Updated: 1 July 2010 p. 88 Student Orientation Checklist [There is a sample checklist which schools can customise in the ISCA Transition support Handbook at www.isca.edu.au ] Student Handbook / arrival package Tour of school facilities Meeting key staff members Follow up meetings in first few weeks Student Orientation Program materials are located …………. …………….. Or See Appendix 6 for examples of Student Orientation Program materials and checklist. The following staff member / department is responsible for reviewing and updating the School Overseas Student Orientation Program: Name of Department / Officer(s) Role(s) This policy should be checked and updated whenever there is a change in regulations about NC Standard 6, or when existing policies need to be adapted or strengthened. THIS SECTION LAST UPDATED BY ………………. ON --/--/-- THE OVERSEAS STUDENTS ORIENTATION PROGRAM WAS LAST UPDATED BY ………………. ON --/--/-- [The sample Student Orientation Checklist below is from the Independent Schools Council of Australia (ISCA) National Code 2007 Transition handbook for non-government schools enrolling full-fee paying overseas students, at www.isca.edu.au.] XXXX School: Overseas student orientation checklist Student Name: Grade: Arrival Date: Updated: 1 July 2010 p. 89 Week 1 checklist Orientation and School Tour Week 1, Day 1 Student has been introduced to: International Student Officer [Insert name of staff member / role] Pastoral Care [Insert name of staff member / role] Academic Studies [Insert name of staff member / role] Accommodation [Insert name of staff member / role] Student Counsellor [Insert name of staff member / role] ESL Teacher Student Buddy for Week 1 [insert name and Year Level of Student] Staff member: Date: Student has / understands: Mobile phone or how to use pay phone Emergency contact number of staff member Accommodation contact number Emergency number for fire, police etc is 000 in Australia or 112 from a mobile ‘phone How to travel to and from school All school uniform requirements How to seek assistance on and off campus Bank account (if appropriate) Staff member: Date: Updated: 1 July 2010 p. 90 Student has received information about: OSHC Complaints and Appeals Processes Available student support services Legal services available to students Student visa conditions relating to course progress and attendance Grounds for suspension or cancellation of enrolment School Calendar School Rules and Code of Conduct Subject selection, textbooks, etc Assessment policies and requirements Extra-curricular activities, clubs, etc Staff member: Date: Other Information/Activities: Information about Cultural Awareness/Culture Shock/Adjusting to life in a new environment Orientation to local area – shops, recreational areas, etc Staff Member: Date: Student interviews to check adjustment: End of Week 2 Staff Member: Updated: 1 July 2010 p. 91 Date: End of Week 4 Staff Member: Date: End of Week 6 Staff Member: Date: End of Week 8 Staff Member: Date: End of Week 12 Staff Member: Date: Updated: 1 July 2010 p. 92 NC D St 6 19. Staff orientation/induction to ESOS framework NC D St 6.7 It is a requirement under the National Code 2007 that Name of School ensures that staff members who interact directly with full fee paying overseas students are aware of the School’s obligations under the ESOS framework and the potential implications for students arising from the exercise of the obligations. Relevant information about the School’s obligations under the ESOS framework is provided to appropriate staff members in the following ways: TO BY HOW WHEN Senior Management Staff Administrative Staff Mainstream Teaching Staff ESL Support Staff Counselling and Student Support Staff Marketing Staff Accommodation Support Staff Staff responsible for monitoring compliance with visa conditions under ND D Standards 9, 10 and 11. The following staff member / department is responsible for informing new staff members who take up duties outside of staff information sessions of relevant obligations under the ESOS framework Name of Department / Officer(s) Role(s) Materials / Resources for Staff Induction / Orientation to ESOS include: [Customise as necessary] Websites listed in Appendices 8 and 9 (for Compliance and Resources) Updated: 1 July 2010 p. 93 This Staff Handbook School PPT presentation on ESOS [Some of the powerpoints on the annual CD of International Education Resources may be useful here.] ………. The following staff member / department is responsible for reviewing and updating the School Staff Orientation/Induction to ESOS: Name of Department / Officer(s) Role(s) This policy should be checked and updated whenever there is a change in regulations about NC Standard 6, or when existing policies need to be adapted or strengthened. THIS SECTION LAST UPDATED BY ………………. ON --/--/-- THE STAFF INDUCTION/ ORIENTATION PROCESS WAS LAST UPDATED BY ………………. Updated: 1 July 2010 ON --/--/-- p. 94 20. Staff capabilities, educational resources and premises NC D St 14 St 6.6 Name of School is an accredited non-state school in Queensland and as such is subject to an appropriate quality assurance framework applying to registered courses, as is required under Standard 14 of Part D the National Code 2007. The following staff member / department is responsible for staff recruitment, including recruitment of staff working with overseas students, and is aware of obligations under Standards 6 and 14 of Part D of the National Code 2007: Name of Department / Officer(s) Role(s) The following staff member / department is responsible for management of facilities, including facilities used by overseas students, and is aware of obligations under Standard 14 of the National Code 2007: Name of Department / Officer(s) Role(s) The following staff member / department is responsible for management of resources, including resources used by overseas students, and is aware of obligations under Standard 14 of the National Code 2007: Name of Department / Officer(s) Role(s) It is a requirement under the National Code 2007 that the School have sufficient student support personnel to meet the needs of overseas students enrolled at the School. NC D St 6.6 Name of School ensures staffing, facilities and resources meet the needs of overseas students enrolled at the School in the following ways: [describe how this happens, or refer to staffing ratios, resources renewal policies, etc] ……………… ……………… ………………. ……………….. ………………. The following staff member / department is responsible for reviewing and updating the School policy and procedures to ensure appropriate staffing, premises and resources for support of and course delivery to FFPOS: This policy should be checked and updated whenever there is a change in regulations about NC Standard 14, or when existing policies need to be adapted or strengthened Updated: 1 July 2010 p. 95 THIS SECTION LAST UPDATED BY ………………. ON --/--/-- THE POLICY ON STAFFING, AND EDUCATIONAL RESOURCES AND PREMISES WAS LAST UPDATED BY ………………. ON --/--/-- Updated: 1 July 2010 p. 96 21. Appendices 1. 2. 3. Marketing / Pre Enrolment Materials Written Agreement Written Education Agency Agreement and other documents related to management of education agents 4. Student Handbook 5. Further Information attached: School Accommodation Options 6. Copies of Administrative Documents – Letters and Pro formas (excluding documents for management of education agents) 7. Checklist / Records of Other Documents and School Policies 8. Websites (Compliance) 9. Websites (Resources) 10. Acronyms Updated: 1 July 2010 98 99 100 101 102 103 114 116 116 119 p. 97 1. Marketing / Pre-enrolment materials List items/locations of marketing materials and attach current copies ……… ………. ……….. ……….. ……….. ………. Updated: 1 July 2010 p. 98 2. Written agreement Updated: 1 July 2010 p. 99 3. Written education agency agreement and other documents related to management of education agents Written Agreement School letter for due diligence and response to application to represent School Pro forma for tracking agency enquiries and applications Updated: 1 July 2010 p. 100 4. Student handbook A template for a student handbook is available from the ISANA website: http://www.isana.org.au/index.php?option=com_content&task=view&id=246 . Please note this will need to be customised for school students. Updated: 1 July 2010 p. 101 5. Further Information attached: School accommodation options [Delete those which do not apply and attach relevant documents] HOMESTAY PROGRAM CHECKLIST Procedures for checking and monitoring suitability of arrangements Guidelines for approval of host families: o selection o ensuring the family can provide a stable environment for the duration of the student’s course o criteria for accommodation services to be provided o orientation for members of an approved family if family has not previously hosted an overseas student Requirements under Commission for Children Young People and Child Guardian: o Blue cards o Risk Management Strategy (Operator of Program) SCHOOL BOARDING HOUSE INFORMATION AND POLICIES CHECKLIST Procedures for checking and monitoring suitability of arrangements Requirements under Commission for Children Young People and Child Guardian o Blue cards o Risk Management Strategy PRIVATE ACCOMMODATION ARRANGEMENTS (APPROVED BY SCHOOL) CHECKLIST [Check case by case with the CRICOS SRA if the definition “supervised arrangement” in s9 Education (Overseas Students) Regulation 1998 applies and the School is exempt from the policy requirements required for “unaccompanied children”. If not, the following apply:] Procedures for checking and monitoring suitability of arrangements Guidelines for approval of family: o selection o ensuring the family can provide a stable environment for the duration of the student’s course o criteria for accommodation services to be provided o orientation for members of an approved family if family has not previously hosted an overseas student Requirements under Commission for Children Young People and Child Guardian: [In the case of private arrangements check case by case with the CCYPCG which requirements apply.] o Blue cards o Risk Management Strategy Updated: 1 July 2010 p. 102 6. Copies of administrative documents –letters and pro formas (excluding documents for management of education agents) [* Sample copies are provided below or page ref. is given] *Student application for deferment of commencement or suspension of studies *School letter for informing student of intention to suspend or cancel enrolment *School letter for informing student of intention to suspend or cancel enrolment in the case of extenuating circumstances *Student application for Letter of Release *School’s Letter of Release *Letter of intention to report for unsatisfactory course progress *Letter of intention to report for unsatisfactory attendance *Pro forma for Critical Incident Report (See p. 71) *Student Orientation Program Checklist (See p. 88) Pro forma for recording responses and actions in relation to student complaints Letter advising student to access School’s internal Complaints and appeals process Letter advising student of outcomes of Complaints and appeals process and reasons for decisions made Letter giving student information about accessing the School’s external Complaints and appeals process Sample of Student Orientation Information Overseas Student Referral Form for Intervention [The sample letters below are from the Independent Schools Council of Australia (ISCA) National Code 2007 Transition handbook for non-government schools enrolling full-fee paying overseas students, at www.isca.edu.au.] Updated: 1 July 2010 p. 103 Student application for deferment of commencement or suspension of studies Please read the attached Deferment, Suspension and Cancellation Policy before filling out this form to see if you meet the requirements to be granted a deferment of commencement or suspension of studies. Student name: Grade: Current Address in Australia: Address in home country: Phone no: Mobile Ph: Email address: I am applying for A deferment of commencement of studies A suspension of studies Please state why you wish to defer/suspend your studies. Attachments: Attach any relevant supporting documentation. This form will be assessed once all documentation has been received. The school may ask for more documentation if required. Applications are usually processed in XX working days. Updated: 1 July 2010 p. 104 Deferment and suspension of enrolment can have an effect on a student’s visa as a result of changes to enrolment status. Please contact the Department of Immigration on 131 881 or contact the local DIAC office to see if this will affect you. Students who have not yet commenced their studies at XXXX School will also need to contact DIAC in case there is any effect on their student visa as a result of changes to enrolment or CoE status. Student signature Updated: 1 July 2010 Date p. 105 School letter for informing student of intention to suspend or cancel enrolment Student name: Grade: Current Address: Phone no: Email address: This letter is to inform you that XXXX School intends to Suspend your enrolment for days/weeks/months Cancel your enrolment This is due to: Deferment, suspension and cancellation of enrolment can have an effect on a student’s visa as a result of changes to enrolment status. Please contact the Department of Immigration on 131 881 or contact the local DIAC office to see if this will affect you. You have 20 working days in which to appeal the school’s decision in accordance with the school’s Complaints and Appeals Policy attached/available in XXXX. XXXX School Updated: 1 July 2010 p. 106 School letter for informing student of intention to suspend or cancel enrolment in the case of extenuating circumstances Student name: Grade: Current Address: Phone no: Email address: This letter is to inform you that XXXX School intends to Suspend your enrolment for days/weeks/months Cancel your enrolment This is due to: Suspension and cancellation of enrolment can have an effect on a student’s visa as a result of changes to enrolment status. Please contact the Department of Immigration on 131 881 or contact the local DIAC office to see if this will affect you. You have 20 working days in which to appeal the school’s decision in accordance with the school’s Complaints and Appeals Policy attached/available in XXXX. However, XXXX School has determined that extenuating circumstances apply in this case. [Insert details] For this reason your enrolment will be suspended / cancelled immediately. This will not affect your ability to access the complaints and appeals processes of the school. XXXX School Student application for Letter of Release Updated: 1 July 2010 p. 107 Please read the attached Student Transfer Request Assessment Policy before filling out this form to see if you meet the requirements to be granted a letter of release for transfer. Student name: Grade: Current Address in Australia: Address in home country: Phone no: Mobile Ph: Email address: Reason for transfer: Please state why you wish to transfer to another school. Attachments: Attach a letter of offer from the institution to which you wish to transfer. If you are under 18 years of age and not in the care of a parent or suitable nominated relative, the letter of offer must also show that the institution will accept responsibility for approving your accommodation, support and general welfare arrangements. If there are any gaps between school approved accommodation, support and general welfare arrangements please detail any DIAC approved interim arrangements. If you are under 18 years of age, please attach a letter from your parents to indicate that you have their permission to transfer Attach any relevant supporting documentation. Updated: 1 July 2010 p. 108 This application will be assessed once all documentation has been received. The school may ask for more documentation if it requires it. Applications are usually processed in XX working days. Student signature Updated: 1 July 2010 Date p. 109 Application for student transfer/letter of release Please read the attached Student Transfer Request Assessment Policy before filling out this form to see if you meet the requirements to be granted a letter of release for transfer. Student name: Grade: Current Address in Australia: Address in home country: Phone no: Mobile Ph: Email address: Reason for transfer: Please state why you wish to transfer to another school. Attachments: Attach a letter of offer from the institution to which you wish to transfer. If you are under 18 years of age and not in the care of a parent or suitable nominated relative, the letter of offer must also show that the institution will accept responsibility for approving your accommodation, support and general welfare arrangements. If there are any gaps between school approved accommodation, support and general welfare arrangements please detail any DIAC approved interim arrangements. If you are under 18 years of age, please attach a letter from your parents to indicate that you have their permission to transfer Updated: 1 July 2010 p. 110 Attach any relevant supporting documentation. This application will be assessed once all documentation has been received. The school may ask for more documentation if it requires it. Applications are usually processed in XX working days. Student signature Date School’s Letter of release Student name: Grade: Current Address: Phone no: Email address: We have received your application for a letter of release. As the reasons stated in your application fall within the school’s Student Transfer Request Assessment Policy, the school is pleased to grant your request. You should be aware that your decision to transfer to a different education provider may have visa implications and you should contact the nearest Department of Immigration and Citizenship office as soon as possible to discuss this with them. If you wish to seek a refund of fees, please refer to the school’s Refund Policy provided in/located at X and follow the appropriate procedure. XXXX School Date: Letter of intention to report for unsatisfactory attendance Student name: Grade: Updated: 1 July 2010 p. 111 Current Address: Phone no: Email address: This letter is to inform you that under section 20 of the Education Services for Overseas Students Act 2000 (ESOS Act), XXXX School intends to report you to the Department of Immigration and Citizenship for unsatisfactory attendance. Under the Migration Act 1958, student visa condition 8202 requires student visa holders to: maintain enrolment in a ‘registered course’ attend classes, and achieve a satisfactory academic result According to our records, you have not achieved satisfactory course attendance as defined in the National Code of the ESOS Act and/or the school’s Course Progress and Attendance Policy attached/available in XXXX. You have 20 days in which to appeal the school’s decision in accordance with the school’s Complaints and Appeals Policy attached/available in XXXX. XXXX School Date: Letter of intention to report for unsatisfactory course progress Student name: Grade: Current Address: Phone no: Email address: This letter is to inform you that under section 20 of the Education Services for Overseas Students Act 2000 (ESOS Act), XXXX School intends to report you to the Department of Immigration and Citizenship for unsatisfactory course progress. Updated: 1 July 2010 p. 112 Under the Migration Act 1958, student visa condition 8202 requires student visa holders to: maintain enrolment in a ‘registered course’ attend classes, and achieve a satisfactory academic result According to our records, you have not achieved satisfactory course progress as defined in the National Code of the ESOS Act [and the school’s course progress policies and procedures attached/available in XXXX if applicable]. You have 20 days in which to appeal the school’s decision in accordance with the school’s Complaints and Appeals Policy attached/available in XXXX. XXXX School Date: Updated: 1 July 2010 p. 113 7. Checklist / Records of other Documents DOCUMENT [Customise as needed …] REFERENCE Evidence of Australian Residency and business registration Copy of accreditation certificate or letter which shows the full legal entity and the trading name, and period of accreditation of the institution Course Registration Submission NC C.6 sample of marketing material for each course (should include course description and statement about learning and assessment strategies) sample student timetable for each course copy of annual school calendar details of any work-based training advice in writing to the CRICOS SRA of all providers involved in providing a registered course, and copy of written agreements with any RTO’s if school is not an RTO (and overseas students are undertaking VET components delivered by an RTO) Tuition Assurance Membership if the school is NOT in receipt of Commonwealth Funding Evidence of NC D St 2.1 a) having the principal purpose of providing education; and b) clearly demonstrating capacity to provide education of a satisfactory standard. LOCATION / ATTACHED NC C.6 NC C 7,8,10 ESOS Act 2000 s9, s22 ESOS Act 2000 s9 & s9A Updated: 1 July 2010 p. 114 8. Master Copies of School Policies POLICY [Customise as needed …] POLICY ABOUT WRITTEN ENTRY REQUIREMENTS FOR REGISTERED COURSES WRITTEN REFUND POLICY POLICY ON DEFERRING, SUSPENDING OR CANCELLING A STUDENT’S ENROLMENT TRANSFER POLICY COMPLAINTS AND APPEALS POLICY WELFARE AND ACCOMODATION POLICY CRITICAL INCIDENT POLICY REFERENCE NOTES NC D St 2.a E(OS)Reg 98 s6 NC D St 2.1.e St 3.1.c St 3.2 E(OS)Reg 98 s7 NC D St 2.1.f NC D St 5 NC D St 13 NC D St 7 E(OS)Reg 98 s10 NC D St 6.4 School Critical Incident Policy document Requirements additional to School policy for Overseas Students Critical Incident Plans for Overseas Students COURSE PROGRESS AND ATTENDANCE POLICY Updated: 1 July 2010 NC D St 9, 10, 11 p. 115 9. Websites (Compliance) International Quality Unit (CRICOS) www.education.qld.gov.au/internationalquality Education Services for Overseas Students (ESOS) Framework (Commonwealth legislation) www.aei.deewr.gov.au/esos/ PRISMS https://prisms.deewr.gov.au PRISMS User Guide https://prisms.deewr.gov.au/HTMLDocuments/ProviderUserGuide.PDF Department of Immigration and Citizenship www.immi.gov.au Education (Overseas Students) Regulation 1998 (Queensland legislation) http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EducOverStuR98.pdf Commission for Children Young People and Child Guardian (Queensland legislation) www.bluecard.qld.gov.au [Others can be added …] 10. Websites (Other) Independent Schools Council of Australia National Code 2007 Transition handbook for nongovernment schools enrolling full-fee paying overseas students www.isca.edu.au ISANA National Code Support Program On-line Tutorial 2007 http://www.isana.org.au/NcTutorial/index.htm Other ISANA resources: www.isana.org.au For Students : Animations to explain the National Code For Institutions : Orientation Guide Template - The Rainbow Guide (Template for Student Handbook) Updated: 1 July 2010 p. 116 [The websites below are mostly from the Schools Council of Australia (ISCA) National Code 2007 Transition handbook for non-government schools enrolling full-fee paying overseas students, at www.isca.edu.au.] AEI Agents Training Course Website: http://www.pieronline.org/eatc/ AEI Country Education Profiles Website http://www.aei.gov.au/AEI/QualificationsRecognition/Information/CEP.htm#3 AEI Online Living in Australia Guide http://www.studyinaustralia.gov.au/Sia/en/StudyGuide_pdf.pdf AEI – Getting Started Internationally: Tips for Schools Entering the International Market Website: http://aei.dest.gov.au/aei/archive/mip/activities/2005/04activity13.htm Australian Curriculum Assessment and Certification Authority Website: http://acaca.org.au Australian Qualifications Framework Website: http://www.aqf.edu.au/ Austrade Website: http://www.austrade.gov.au Changing Schools in Australia (ACACA) Website: http://acaca.bos.nsw.edu.au Department of Foreign Affairs and Trade Website: http://www.dfat.gov.au Department of Justice and Attorney-General – Mediation Services Website: http://www.justice.qld.gov.au/justice-services/dispute-resolution/mediation DEEWR eligibility for temporary visa holders helpline (for determining Australian Government financial assistance for school programmes) Phone: 1 800 677 027 (Option 2 and Option 2 again ) See also https://schools.dest.gov.au/ssp/help/html/coi/student_definitions.html DIAC approved agents for eVisa Website: http://www.immi.gov.au/business-services/education-providers/lodgement-trial-24.htm Guidelines to the National Privacy Principles for Organisations Updated: 1 July 2010 p. 117 Website: http://privacy.gov.au/business/guidelines/index.html#3.2 IDP – Guide for students Website: http://www.idp.com/about_idp/publications/publication_orders.aspx Interstate Student Data Transfer Note Website: http://www.mceecdya.edu.au/mceecdya/isdtn_interstate_student_data_transfer_note,12095.htm l Migration Agents Registration Authority Website: https://www.mara.gov.au/ Overseas Student Health Cover (OSHC) Website: http://www.health.gov.au/internet/main/publishing.nsf/Content/privatehealthconsumers-overseascover.htm NEAS Australia Website: http://www.neas.org.au/home/ Privacy Manual for Non-Government Schools Website: http://www.isca.edu.au QSA links for visa students (QCE procedures) http://www.qsa.qld.edu.au/downloads/10-12/qce_legislative_guidelines_feb09.pdf http://www.qsa.qld.edu.au/downloads/10-12/te_visa_procedures.pdf Study Queensland Website www.studyqueensland.qld.edu.au (Industry Portal includes PD resources such as Critical Incident Workshop presentation and Workbook – search “Document Library for Professional Development”) Study in Australia Website: http://studyinaustralia.gov.au Tourism Australia Website: http://www.australia.com Translating and Interpreting Service (TIS) Phone: 131 450 (within Australia) [Others can be added …] Updated: 1 July 2010 p. 118 11. Acronyms [Others can be added …] AEI AHN Australian Education International http://aei.gov.au/AEI/AboutAEI/Default.htm Australian Homestay Network http://www.homestaynetwork.org/ AL 1/2/3/4 Assessment Level ( DIAC's rating of level of risk for sectors and countries of students applying for student visas) http://www.immi.gov.au/students/student-visa-assessment-levels.htm CRICOS CRICOS Registration DEEWR DIAC Commonwealth Register of Institutions and Courses for Overseas Students http://cricos.deewr.gov.au See http://www.aei.gov.au/AEI/ESOS/CRICOS_Registration.htm and http://education.qld.gov.au/strategic/accreditation/cricos/index.html Department of Education Employment and Workplace Relations www.deewr.gov.au Department of Immigration and Citizenship www.immi.gov.au EATC eCoE or CoE ELICOS ELT EQI ESL ESOS (Act) Education Agents Training Course http://www.pieronline.org/eatc/ electronic Confirmation of Enrolment or Confirmation of Enrolment English Language Intensive Course for Overseas Students English Language Training Education Queensland International www.eqi.com.au English as a Second Language Education Services for Overseas Students (Act) see ESOS Framework ESOS Framework Commonwealth legislation including the National Code of Practice which related to the ESOS Act 2000 http://aei.gov.au/AEI/ESOS/default.htm Full Fee Paying Overseas Students – now not used as a DEEWR term. International Education Association of Australia Inc. – professional organization http://www.ieaa.org.au/ International English Language Testing System http://www.ielts.org/ International Education Association http://www.isana.org.au/ International Second Language Proficiency Rating http://www.islpr.org/ Independent Schools Queensland www.aisq.qld.edu.au Language Other Than English National ELT Accreditation Scheme http://www.neas.org.au/ National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 – part of the ESOS framework http://aei.gov.au/AEI/ESOS/NationalCodeOfPractice2007/default.htm National Languages and Literacy Institute of Australia ESL Bandscales (for rating English language proficiency) To order a copy: http://www.aisq.qld.edu.au/files/files/OrderFormBandscales.htm Overseas Student Health Cover see http://studyinaustralia.gov.au/Sia/en/StudyCosts/OSHC.htm and http://www.health.gov.au/internet/main/publishing.nsf/Content/privatehealth-consumersoverseascover.htm Professional International Education Resources – delivers professional training courses in international education services http://www.pieronline.org/ Provider Registration and Overseas Student Management System https://prisms.deewr.gov.au/Logon/Logon.aspx Pearson Test of English http://pearsonpte.com/Pages/Home.aspx Pre-Visa Approval http://www.immi.gov.au/business-services/education-providers/1-nov-2004.htm Queensland Catholic Education Commission http://www.qcec.catholic.edu.au/ Queensland Education and Training International. Provides support and information to industry via StudyQueensland website: www.studyqueensland.qld.edu.au Tuition Assurance Scheme (See ESOS website – does not apply to non-government schools in receipt of commonwealth funding) Teaching of English to Speakers of Other Languages Test of English as a Foreign Language www.toefl.org Trade Queensland Office (offshore) http://www.export.qld.gov.au/178.html Visa Electronic Verification Online http://www.immi.gov.au/e_visa/vevo.htm FFPOS IEAA IELTS ISANA ISLPR ISQ LOTE NEAS NC (National Code) NLLIA ESL Bandscales OSHC PIER PRISMS PTE PVA QCEC QETI TAS TESOL TOEFL TQO VEVO Updated: 1 July 2010 p. 119