anu international student legislation · anu international student legislation esos awareness...

ANU INTERNATIONAL STUDENT

LEGISLATION

ESOS AWARENESS TRAINING

College of Engineering & Computer Science

August, 2015 ANU Internal Use Only

2

Training Purpose

• ANU has an obligation to “ensure that its staff

members who interact directly with students are

aware of the registered provider’s obligations

under the ESOS framework and the potential

implications for students arising from the

exercise of these obligations.”

(6.7 National Code).

Presentation Outline

1. Higher Education Regulatory Environment

i. TEQSA

ii. ESOS

iii. National Code

2. Compliance, Risk and Implications

3

Higher Education Regulatory Framework

Commonwealth Government

TEQSA

ESOS

The National Code

Part A Part B Part C

CRICOS

Part D

Standards

(1 – 15)

Tuition Protection

Service

4


DoE/TEQSA

(ESOS Agency from 2016?)

ESOS

The National Code

Part C

CRICOS

Part D

Standards

(1 – 15)


5

DEFINITIONS:

• PRISMS: The tool that ANU uses to communicate with

the Federal Government relating to the enrolment of

students at ANU.

• CRICOS: Commonwealth Register of Institutions and

Courses for Overseas Students: ANU and ANU courses

(programs) that are permitted to be provided to students

on an international student visas in Australia.

• ECOE: Electronic Confirmation of Enrolment:

Certification of an International Student’s study status at

ANU.


TEQSA

ESOS

The National Code

Part C

CRICOS

Part D

Standards

(1 – 15)


i. TEQSA

ii. ESOS

iii. National Code

6

- Tertiary Education Quality and Standards

Agency ACT 2011

- Regulates Higher Education Providers


TEQSA

ESOS

The National Code

Part C

CRICOS

Part D

Standards

(1 – 15)


i. TEQSA

ii. ESOS

iii. National Code

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- Benefits two groups

1. International Students on Student Visas

2. Education Institutions wanting to teach

overseas students


TEQSA

ESOS

The National Code

Part C

CRICOS

Part D

Standards

(1 – 15)


i. TEQSA

ii. ESOS

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1. Benefits for Students: • Minimum standards for the promotion and delivery of education in

Australia

• Financial and tuition assurance for overseas students

• Assurance of integrity of the student visa program

• Powers to enable the Commonwealth to monitor and sanction providers

as appropriate


i. TEQSA

ii. ESOS

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1. Benefits for Educational Institutions: • Clear roles, responsibilities and obligations for international

students

• Ensuring the desirability of Australian Education Internationally

through minimum quality standards.

• Allows Institutions to monitor their students


i. TEQSA

ii. ESOS

iii. National Code

10

a) PART C: CRICOS

b) PART D: The Standards


TEQSA

ESOS

The National Code

Part C

CRICOS

Part D

Standards

(1 – 15)

National Code

11

a) PART C: Commonwealth Register of

Institutions and Courses for Overseas Students

To be registered on CRICOS, a program must be:

• No more than 25% online or by distance; and

• Can be taken full-time (100% load) by an international student.

• ANU must have approval for each course offered to international

students and these courses must be listed on CRICOS

• ANU is a single National Registered CRICOS Provider 00120C

• CRICOS Course codes are location specific.

http://cricos.education.gov.au/


i. TEQSA

ii. ESOS

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b) PART D. Standards • 15 Standards that roughly follow the student lifecycle.


TEQSA

ESOS

The National Code

Part C

CRICOS

Part D

Standards

(1 – 15)

National Code Part D

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Marketing and Recruitment

• Standard 1 - Marketing

• Standard 4 - Agents

Pre-Admission

• Standard 2 - Engagement

Arrival and Enrolment

• Standard 3 –

Enrolment formalisation

International

Student

Lifecycle

I

II

Post

Graduation –

employment /

further study

III Integrating

& studying

IV Course Progression

• Standard 10 – Course Progress

• Standard 12 – Course Credit

• Standard 13 – Deferment, Cancellation

Course Completion

• Standards 9

Changing Providers

• Standard 7 - Transfer

Student Services

• Standard 5 – U18

• Standard 6 – Support

• Standard 8 – Complaints and appeals

Information

Gathering and

Contacting

Agent

Application

process/

Enrolment

Process

Integrating and studying – Enrolment Process

STANDARD 3 - ANU must: • Enter into a signed written agreement with students that includes:

– services to be provided (courses, conditions of enrolment);

– fees payable (itemised);

– Refund policy and process for claims (under ANU or student default);

– Circumstances in which personal information is shared with others

(including the Australian Government); and

– Advise the student about obligation to notify ANU of change of

address after enrolment;

– “This agreement, and the availability of complaints and appeals

processes, does not remove the right of the student to take action

under Australia’s consumer protection laws”.

• Not accept course money prior to the agreement.

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II

Integrating and studying - U18 CAAW Students

STANDARD 5

• The signed CAAW letter results in ANU having a responsibility to the

Department of Immigration and Border Protection (DIBP) to ensure

that appropriate: accommodation, support, and general welfare

arrangements are in place while the student is:

– Under eighteen years of age

– Studying in Australia.

• Students issued with a CAAW letter should reside in

accommodation approved by ANU until the student turns eighteen;

• ANU should approve any changes to the accommodation of these

students.

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III

Integrating and studying - Support

STANDARD 6 - ANU must:

• Provide an Orientation for students and help students access

study support and welfare-related services

• Have a critical incident policy and procedures;

• Free access to welfare-related support services

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III

Integrating and Studying - Orientation Programs

STANDARD 6.4 – Critical Incident:

• ANU must have a Critical Incident:

– Policy and associated procedures;

– Follow-up to the incident; and

– records and action taken.

• The National Code defines critical incident as ‘a traumatic event, or the threat of such

(within or outside Australia), which causes extreme stress, fear or injury’ and could

include:

– missing students;

– severe verbal or psychological aggression;

– death, serious injury or any threat of these;

– natural disaster; and

– issues such as domestic violence, sexual assault, drug or alcohol abuse.

• The critical incident policy should include contact information for the police and any

other organisations that may be able to assist in a given situation

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III

Integrating and studying –Complaints & Appeals

STANDARD 8: ANU must have a process that is independent,

immediately and easily accessible.

Internal complaints and appeals process that:

– requires a written record if the complaint or appeal cannot be resolved informally

(and a process for lodging)

– provides a student with the opportunity to formally present his or her case at

minimal or no cost

– allows the student to be assisted or accompanied by a support person

– provides a written statement of the outcome, including details and reasons for

the decision; and

– requires that processes begin within 10 working days of the provider receiving

the formal written lodgement

External arrangements for complaints or appeals to be heard and advise the student of

their right to access this service at minimal or no cost if the student is unhappy with the

internal outcome.

http://www.anu.edu.au/students/program-administration/assessments-exams/problems-appeals-complaints

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III










STANDARD 9, ANU must: • Ensure the student completes their course within the

timeframe of their CoE

• Ensure that students study at least one face-to-face course per

compulsory study period and no more than 25% of their entire

program can be by distance or online.

• COE Extensions can only occur under the following

circumstances:

– Compassionate or compelling circumstances (with evidence),

– ANU implementing its intervention strategy (to ensure course progress)

– An approved deferment or suspension of study.

• Excepting the above circumstances, students must complete

within COE course duration

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III Integrating and Studying – Student Enrolment

Integrating and Studying – Academic Progress

STANDARD 10, ANU must:

Identify, notify and counsel ‘at risk’ students (active Intervention)

• Monitor the academic progress of each student (ANU Policy: https://www.comlaw.gov.au/Details/F2014L00854)

• Implement Early Intervention strategies

(ANU Policy: https://policies.anu.edu.au/ppl/document/ANUP_006805)

• Report non-compliant students within given timeframes after

providing the complaints and appeals process (Standard 8)

has been exhausted.

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III

https://www.comlaw.gov.au/Details/F2014L00854

https://policies.anu.edu.au/ppl/document/ANUP_006805

Unsatisfactory course

progress (Standard 10)

intention to report in writing,

(Incl why they are being reported, and how to

access appeals process)

+20 working days: Student can access

the provider’s complaints and

appeals process.

Complaint or Appeal

Received (standard 8)

<11 working days: Process commences following the formal

lodgement of the complaint or appeal.

written statement of the outcome

including details and reasons for the

decision.

www.anu.edu.au/students/program-administration/assessments-exams/problems-appeals-complaints

Integrating and Studying – Unsatisfactory course progress III











• Have documented procedures for granting and recording

course credit. (policy: https://policies.anu.edu.au/ppl/document/ANUP_000399)

• Change in course duration is communicated through PRISMS.

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Integrating and Studying – Course Credit III

Credit form goes to College

Students advised by

relevant College of outcome

Successful students submits

ECOE form to their College

College sends approved

ECOE form to ASQO

Graph 1: Int’l Students who have already commenced looking to apply course

credit to their current degree.



• Have documented procedures for assessing, approving and

recording a suspension of study (only) on the grounds of:

– Compassionate and Compelling circumstances

– Misbehaviour by the student

• Communicate action through PRISMS and inform student that it

may impact their visa. Three CoE outcomes include:

– deferring or suspending without affecting the end date of the CoE

– deferring or suspending that will affect the end date of the CoE (a new CoE

is issued)

– Permanently cancel the student.

• If not student initiated, notify student that they have 20 working

days to access ANU’s internal complaints and appeals process. http://www.anu.edu.au/students/program-administration/program-management/program-leave-international-coursework-student

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Integrating and Studying – Defer or suspend III

http://www.anu.edu.au/students/program-administration/program-management/program-leave-international-coursework-student
















• Provide suitably qualified and experienced staff in relation to the

functions that they perform, appropriate performance assessment and

ongoing development.

• Have appropriate premises and facilities for the course to support

positive student outcomes.

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III Integrating and Studying – Staff and Facilities

1. Higher Education Regulatory Framework

i. TEQSA

ii. ESOS

iii. National Code

2. Compliance, Risk and Implications

25

Compliance

Range of Penalties for non-compliance include:

• Fines - $10,000 per offence

• Sanctions

• CRICOS course removal

• CRICOS de-registration (cannot admit International Students)

• Higher Education Provider de-registration (cannot admit any

students)

• CEO/VC can go to prison

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Implications for Staff

• Staff Dealing with International Students:

• Update CRICOS Provider code 00120C eg, email signatures

• Provide cautious advice to international students (especially

about their study options).

• Know the Critical Incident Policies and procedures:

– Policy: https://policies.anu.edu.au/ppl/document/ANUP_002606

– Procedure: https://policies.anu.edu.au/ppl/document/ANUP_002607

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Implications for Staff

Throughout the Lifecycle, ANU must: • Keep accurate student address and mobile phone

details (e.g. C/- is not acceptable) and request these

every 6 months.

• Ensure full time load (24 Units per teaching period)

• Action complaints immediately

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Implications for College Staff

• Check with ASQO for CoE related advice (eg extensions, special

consideration, enrolment load, study plans etc)

• Monitor progress/students at risk:

• full-time enrolment 48 units per academic year.

• Be aware that reduced load can mean not completing their course within the

expected duration.

• Ensure that International students do not enrol in online units or

distance education unless within accepted limits.

• Identify units/courses NOT available for International onshore

students.

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Implications for Research Supervisors

• International students enrolled in a research program must be

enrolled full time and have at least one supervisor at the location

where they are studying

• Monitor student progress to ensure that they complete their course

(thesis) within the expected duration

• Complete Supervisor/Candidate progress reports – place on File

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Student Responsibilities Student Visa (Subclass 573 and 574 Visas)

• Maintain full-time enrolment in a CRICOS registered program;

• Satisfy academic progress requirements;

• Inform ANU of Australian residential address upon arrival and when

they change address;

• Have visa length OSHC (health cover);

• Must maintain an active eCoE while studying in Australia;

• Must comply with all conditions of their visa.

31

Academic Progress and Intervention

Strategies

What does ANU offer to help students succeed academically?

• Access to support staff and academic college advisors

• Careers and Academic Skills advisors

• Health, Counselling and Disability Services

32

Summary

• ANU operates in a regulated environment

• All staff must be aware of the legislation & regulatory environment

• There are severe penalties for non-compliance

• Records must be kept

• If asked a question by an international student and you don’t

know the answer, ask for help before giving advice.

33

STUDENT DEFAULT

Internal and

External

Appeals

Exhausted

+ 5 bus

days to

notify

Secretary

& TPS

Director

+9 days to

report

cancellation

of the

student's

enrolment

to DIBP

+14 days

to finalise

student

default

obligations

of the

written

agreement

+7 days to

report the

outcome

of the

student

default (via

PRISMS).

Who’s Who in the ANU:

eCoE Responsibilities at ANU

35

Student Lifecycle Stage Task Responsibility

Student Accepts Offer Create eCoE Admissions

Student Admitted Making changes to eCoE ASQO

Student Commences Cancelling eCoE

- Withdrawal

- Program Leave

- Student default

Extending eCoE

- Reduced study load

- Coursework student

- PHD student

- Program Leave

Transfer

- eCoE Cancel/Create

ASQO

SIS

ASQO

HDR (Admin)

ASQO

ASQO

Student Finishes Early Completion ASQO

Need evidence of Compassionate

and compelling circumstance

(e.g. medical certificate).

When to Contact ASQO for International Student Queries

• For enquiries related to US & Canadian Financial Aid Loan Applications

• For any Student Visa compliance enquiries • For leave of absence advice • For changes to eCoEs • Transfer to another university within 6 months of

commencing your studies at the ANU • Any questions about lodging a complaint or appeal

36

37

ASQO Contact Details

• Phone: 6125 1436

• Email: [email protected]

Division of Student Administration ANU Student Exchange Building (X-005) 121 Marcus Clarke Street (entry via Childers Street)

mailto:[email protected]

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