National Code/ Education Services for Overseas Students (ESOS) 2007

1. National Code/Education Services for Overseas Students (ESOS) 2007 Maureen Bowen Director, Student and Academic Administration Ann Keep Manager, International Admissions

2. Topics • Overview of National Code/ESOS • Standards • Case studies • Further Information • Questions

3. Overview The code - • regulates the recruitment, delivery and management of international education • refers only to international students in Australia on student visas • requires the University to monitor and report visa compliance • is administered by DEST and DIAC (Dept of Immigration & Citizenship previously DIMA/IMMI)

4. Standard 1 Marketing information and practices • Market in a professional manner • Maintain the integrity and reputation of industry • CRICOS details (hardcopy and electronic) • Not provide false or misleading information eg. migration information, employment outcomes, acceptance into programs

5. Standard 2 Student engagement before enrolment • Recruit in an ethical manner • Provide sufficient information for an informed decision • Entry requirements • eg. English Language Proficiency, GPA, entry prerequisites, education qualifications, work experience • Programs and Courses Databases are compliant if accurately maintained

6. Standard 2 – Case study • Programs Database – Entry Requirements • Year 12 or equivalent English, Mathematics B, and one subject from Biological Science, Chemistry or Physics.... For applicants who need to provide evidence of English proficiency, please note that this programs requires a higher level of English language proficiency than the UQ minimum. IELTS overall 7; speaking 7; and writing 6 is required. TOEFL test results are not accepted.

7. Standard 3 Formalisation of enrolment • Written agreement (offer letter) • Program enrolment and any conditions • Fees payable and refund policy • Circumstances in which personal information might be shared • Visa requirements • Reference to consumer protection laws

8. Standard 4 Education agents • Formal contract • Processes for monitoring activities • Corrective action and termination conditions • Have appropriate knowledge and understanding of Australian international education industry • Provide with accurate information (eg website, handbooks, prospectuses) • IED is responsible for appointment of educational representatives

9. Standard 5 Younger students • UQ does not make care and welfare arrangements for students under 18 years of age • Standard requires that appropriate arrangements for personal safety and social well being are made • Caution should be exercised when recruiting under 18s

10. Standard 6 Support services • University support students: • Adjusting to life and study in Australia • Legal services (OSHC, UQ Union) • Emergency and health services • University facilities and resources • Progression and attendance (faculties)

11. Standard 7 Transfer between registered providers • Assess requests for transfer to other institution (< 6 months) • Students must have offer letter from other provider • IED compliance responsibility

12. Standard 8 Complaints and appeals • Existing policies describe the processes: • Student grievance procedure (HUPP 3.40.10) • Appeals to Senate by students (HUPP 3.40.11) • Procedures for dealing with student misconduct and discipline matters (HUPP 3.60.1) • Process commences within 10 working days of lodgment of complaint or appeal • Maintain enrolment during process • Immediately implement outcome • Advise student in writing

13. Standard 8 – Case Study Excluded student • Student applies to re-enroll within 20 working days (rule change in process) • Exclusions Officer: defined process starts within 10 working days of receipt • Faculty supports re-enrolment and decides an ‘intervention plan’ (may consult Student Services) • Student formally advised of the intervention plan (e.g. conditions), intention to report for not making satisfactory progress • Formal advice placed on central student file

14. Standard 9 Completion within the expected duration of program • Monitoring progress • Enrolment and Academic Progression Rules • Program specific rules • Extensions to duration • For compassionate or compelling reasons • Where an intervention strategy has been put in place • For an approved deferment or suspension for study • On-line study (<25% of program, >#2 units per semester must be internal) • Course catalogue/course profile must be correctly configured

15. Standard 9 – Case Study What circumstances could be covered by ‘compassionate or compelling circumstances’? These are circumstances beyond the control of the student which have an impact upon course progress or wellbeing. Circumstances could include: • serious illness / injury supported by medical certificate stating student unable to attend classes • bereavement of close family members • major political upheaval or natural disaster in home country • a traumatic experience impacting on the student eg. involvement in, or witnessing a serious accident/crime. (cases should be supported by police or psychologist reports)

16. Standard 9 – Case Study Can a student study less than what was previously considered a ‘full-time’ load? Yes, a student can be allowed to enrol in less than a ‘full-time’ load in any study period if: • there are compassionate or compelling reasons for reducing the load • the reduced load is part of the provider’s intervention strategy

17. Standard 9 – Case Study Can a student study less than what was previously considered a ‘full-time’ load? • the student has studied, or plans to study, extra units in another study period • the student has only a few units left to complete and these do not constitute a full-time load • pre-requisite units are not available in that study period.

18. Standard 9 – Case Study What if a student appears to be deliberately under-enrolling despite UQ’s advice? Two options are available: • cancel the student’s enrolment when the student refuses to enrol in an appropriate load • must be advised • can access complaints & appeals process • document the student’s behaviour and, if the student requests an extension of duration of study, refuse to extend the CoE Records must demonstrate that student’s load was monitored and action was taken to keep the student on track to finish within the duration.

19. Standard 9 – Case Study A student is enrolled in a program that requires all courses be passed to progress to the next semester. • a course is failed in semester one • the course is not available again until semester one next year • the supplementary has also been failed What options are available? The student has three options: • return home until Semester 1 of the following year and return with a new CoE • Remain enrolled. Study a superfluous course that cannot count toward their degree. Visa extension would be required • remain in Australia on a visitor’s visa. Re-enrol following semester

20. Standard 9 – Case Study Transition Arrangements A continuing student has been studying a 75% workload (allowed previously) and will require a visa extension. Is the student allowed an extension? Why? DEST acknowledge that previously students could study in this mode and have given approval for students to obtain an extension under the ‘compelling circumstance’ rule. Commencing students CAN NOT study in this mode unless they can complete within visa duration.

21. Standard 9 – Case Study Visa extension A Student develops a severe medical condition and has written advice from their doctor that they must miss 6 weeks of classes in Semester 1 • Medical certificate supplied and placed on central file by faculty • Student can not complete within visa duration • Appropriate visa extension is granted

22. Standard 10 Monitoring progression • Proactively notify and counsel students at risk • Assess progress at the end of every study period (e.g. full progression programs) • 20 working days to access complaints and appeals process • Intervention strategy required • Procedures for identifying and contacting students • Strategies to assist students identified • Process by which strategy is activated • Record keeping

23. Standard 10 – Case Study What are some examples of appropriate intervention strategies? Intervention strategies may include, but are not limited to: • academic skills support • additional English support • additional tutoring/study group • increased monitoring • a mentor programme • personal counselling • reduction in course load • placement in a more appropriate program

24. Standard 12 Course Credit • UQ policy “Credit for Previous Studies and Recognised Prior Learning” (HUPP3.20.13) is compliant • Credit transfer procedures are documented • Reduce visa study duration accordingly (IED) • Most credit granted prior to enrolment • Faculties must notify IED of any additional credit

25. Standard 12 - Case Study A student accepts an offer of place then applies for, and is granted, course credit, what happens? Check whether credit granted will affect the duration of the program: • If duration not affected eg. Student can not reduce duration because of course/program plan, record credit as appropriate 2. If credit granted will affect the duration of the program, a change of duration must be recorded on PRISMS.

26. Standard 13 Deferring, suspending or cancelling enrolment • Allowed only through formal agreement and limited circumstances: • Compassionate and/or compelling circumstances eg. Illness for period of time • “misbehaviour” (e.g. Misconduct) • Student must be formally advised of outcomes this may affect their visa • IED notifies DEST as required • August 27 SASD Seminar on Misconduct

27. Further Information Comprehensive Tutorial http://www.isana.org.au/NationalCode.aspx (Summary/brief guides) Contacts: List of contacts in handouts CRICOS Provider 00025B

28. Questions ?