1. ESOS and International Students
September, 2016
ASQO’s responsibilities include liaising with the Department of Education & Training and the Department of Immigration & Border Protection, and is crucial to ensuring the University's compliance with Government legislation surrounding International students. **-click-**

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.”
(Section 6.7 National Code).
This training module is designed to provide information for:
New staff members
Existing staff members wanting to refresh their knowledge.

3. Definitions DEFINITIONS FOR THE PURPOSES OF THIS PRESENTATION
(note that these may vary from the official 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 must be registered as a provider and ANU programs that are permitted to be provided to students on an international student visa in Australia must be registered.
ECOE Electronic Confirmation of Enrolment: Certification of an International Student’s study status at ANU.
Overseas Student includes overseas students who intend to study at ANU as an International student (a prospective student) on a student Visa.
Student Default: Student fails to start, withdraws or ANU refuses to provide the course to the student (mostly due to student breaching a condition of visa or enrolment).
International Students are students on a student Visa (500 visa).
An overseas student defaults, if:
(a) fails to start by the agreed date, or
(b) withdraws from the course at the location, or
(c) ANU refuses to provide, the course to the student because student:
(i) failed to pay an amount;
(ii) breached a visa condition;
(iii)misbehaviour (after appeal process complete).

4. Commonwealth Government
Presentation Outline
Commonwealth Government
Higher Education Statutory Authority (TEQSA) – ESOS agency
Legislation (ESOS ACT)
Tuition Protection (TPS)
Legislative Instrument (The National Code)
TEQSA
ESOS
TPS
The National Code
Part C
Part D
This presentation will focus on legislation that specifically benefits International Students by governing requirements on education service providers.
I will provide an overview of the legislative framework and authority including: **-click-**
The higher education statutory authority which is TEQSA **-click-**
The legislation designed to protect student visa holders which is the ESOS ACT **-click-**
I will touch on how the legislation assists students through tuition protection **-click-**
and the National Code. **-click-**
CRICOS
Standards
(1 – 15)

5. Commonwealth Government
1. TEQSA
Commonwealth Government
TEQSA
ESOS
The National Code
Part C
CRICOS
Part D
Standards
(1 – 15) )
Tertiary Education Quality and Standards Agency (TEQSA) – ESOS Agency;
Regulates Higher Education Providers and assures the quality of Higher Education providers;
TEQSA Registers and evaluates providers against Threshold Standards.
TEQSA sits within the education portfolio
TEQSA is an abbreviation for **-click-** Tertiary Education Quality and Standards Agency and was established with the TEQSA Act in 2011 **-click x 2-**
TEQSA assesses applications from higher education institutions to provide courses to overseas students **-click-**
course and the location where the course is to be provided need to be approved for registration and therefore need to meet a certain quality standard for international students. These are assessed through threshold standards **-click-**
TEQSA threshold standards include:
Provider standing
Financial viability and sustainability
Corporate and academic governance
Primacy of academic quality and integrity
Management and Human Resources
Responsibilities to students
Physical and electronic resources and infrastructure. **-click-**

6. Commonwealth Government
2. ESOS FRAMEWORK
Commonwealth Government
- Education Services for Overseas Student Act 2000 (ESOS Act)
- Benefits for Student Visa holders:
Minimum standards
Financial and tuition assurance
Assurance of integrity
Powers to enable the Government
TEQSA
ESOS
The National Code
TPS
ESOS is an abbreviation of Education Services for Overseas Students xx-click-xx
Benefits for students
Minimum standards for the promotion and delivery of education in Australia **-click-**
Financial and tuition assurance for overseas students **-click-**
Assurance of integrity of the student visa program **-click-**
Powers to enable the Government to monitor and sanction providers **-click-**
Part C
Part D
CRICOS
Standards
(1 – 15)

7. Commonwealth Government
Presentation Outline
Commonwealth Government
Higher Education Statutory Authority (TEQSA)
Legislation (ESOS ACT)
Tuition Protection (TPS)
Legislative Instrument (The National Code)
TEQSA
ESOS
TPS
The National Code
Part C
Part D
3. The Tuition Protection Service is an initiative of the Australian Government to assist international students whose education providers are unable to fully deliver their course of study.
Effectively, it protects students by ensuring that they get what they pay for.
CRICOS
Standards
(1 – 15)

8. Tuition Protection Service (TPS)
Commonwealth Government
Benefits for Student Visa holders:
Guarantees that institutions abide by refund requirements;
Protects students by ensuring that they get what they pay for.
TEQSA
ESOS
TPS
The National Code
Part C
Part D
The TPS framework facilitates:
the placement of the student with another provider, or
provides a refund of unexpended tuition fees to affected students.
Guarantees that institutions abide by refund requirements .
CRICOS
Standards
(1 – 15)

9. Commonwealth Government
Presentation Outline
Commonwealth Government
Higher Education Statutory Authority (TEQSA)
Legislation (ESOS ACT)
Tuition Protection (TPS)
Legislative Instrument (The National Code)
TEQSA
ESOS
TPS
The National Code
Part C
Part D
In Full: The National Code of Practice for Providers of Education and Training to Overseas Students.
CRICOS
Standards
(1 – 15)

10. 4. The National Code I will focus on 2 parts:
PART C: CRICOS – Provider registration
PART D: 15 standards
The National Code
Part C
Part D
4. The National Code
I will focus on 2 parts:
PART C: CRICOS – Provider registration
PART D: 15 standards - Similar to TEQSA’s threshold standards provides precise requirements to providers to ensure they are compliant with ESOS.
CRICOS
Standards
(1 – 15)

11. 4. The National Code – Part C: CRICOS
Aspects that are assessed for CRICOS registration, include (but not limited to):
Appropriate course duration;
Mode and place of study;
Inspection of premises;
Maximum number of students.
TEQSA assess the suitability of providers to provide education to international student visa holders.
Accepted providers are registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
Only locations and courses with a CRICOS code can provide courses to International students on a student visa.
Registration involves assessment of a number of factors for quality, including:
Appropriate course duration: - Can be taken full-time,
Mode and place of study: <=25% online or by distance,
Inspection of premises to ensure that the quality of facilities and staff is sufficient. With many higher education providers, an attestation often replaces an inspection for re-registration.
Maximum number of students: Ensuring that a provider has the capacity to teach all of its students.

12. 4. National Code Part D – Standards
Course Completion
Standards 9 – Completion
within expected duration I
Post Graduation – employment / further study
Information
Gathering and
Contacting
Agent IV
Course Progression
Standard 10 – Course Progress
Standard 12 – Course Credit
Standard 13 – Deferment, Cancellation
Marketing and Recruitment
Standard 1 - Marketing
Standard 4 - Agents
Changing Providers
Standard 7 - Transfer
International Student Lifecycle
Student Services
Standard 5 – U18
Standard 6 – Support
Standard 8 – Complaints and appeals
Pre-Admission
Standard 2 - Engagement
Part D of the National Code consists of 15 standards
I will focus on a few of the standards to give a picture of the types of regulations that ensure a good level of care and quality for international students.
Breaching any of these standards means a breach of ESOS which can result in a range of Penalties from $10,000 Fines to the CEO/VC going to prison
III II
Application process/ Enrolment Process
Integrating & studying
Arrival and Enrolment
Standard 3 –
Enrolment formalisation

13. Integrating and Studying: Student Responsibilities
III
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.
Note that student visa subclass is now 500 (no longer 573, 574 etc.).
- (study load of 100%) - Generally 24 units per Study period.
Generally a student undertaking graduate or undergraduate coursework who fails more than 50% of the unit value of the courses attempted in a semester (including a session) of enrolment is considered to have failed to maintain a satisfactory standard of academic progress in his or her graduate or undergraduate coursework, as the case requires, and is regarded as being on probation.
Overseas Student Health Cover – We’ll go into this shortly.
Maintaining a current Confirmation of Enrolment is an important condition of your student visa and needs to be maintained while you are studying in Australia. When a student discontinues regular study such as leave or withdrawal, the ecoe will be cancelled.
Visa conditions can vary so make sure that you have read and understood the conditions of your particular visa.

14. Standard 1: Marketing I CRICOS registered providers must ensure that:
Marketing information and practices are professional and ethical;
marketing communications have Clear provider identification;
Information or advice given to international students must not be false or misleading.
Professional and ethical
Clear identification
Info must not be misleading or false

15. Standard 3 – Enrolment ProcessII
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.
Sits mostly with Admissions.
Course money = Deposit

16. Standard 5 – Younger overseas students
III
Under 18 students must live with an appropriate guardian or the provider must agree to take responsibility for appropriate accommodation, support, and general welfare arrangements while the student is in Australia and under 18.
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.
The Registrar for the Division of Student Life is responsible for U18 International students and it is therefore important that she signs off on issuing a CAAW.

17. Standard 6 – Student support services
III
A CRICOS provider (ANU) must:
Provide an Orientation with specific content;
Have a critical incident:
Policy (
procedures ( and
records and action taken (
Provide free access to welfare-related support services;
Ensure that its staff members who interact directly with students are aware of the registered provider’s obligations under the ESOS framework.
Orientation must cover:
- Student Support services including the name, location and contact details of appropriate staff
- Legal services for students either on campus or off campus
- Emergency and health services
- Safety on and off campus
- Facilities and resources
- Complaints and appeals processes
- Student visa conditions relating to course progress and attendance as appropriate
- Overseas Student Health Cover

18. Standard 7 – Institutional Transfers
III
Transfer is restricted for students in first 6 months of the principal course:
ANU cannot enrol a student in this period without a release letter from the original provider,
ANU students must seek a release letter from ASQO if they wish to transfer to another provider in this first 6 months.

19. Standard 8 – Complaints & Appeals
III
Student receives a result that they wish to appeal
Student has 20 days to appeal decision internally
< 11 working days for ANU to process appeal
ANU must provide written statement of outcome including reason for decision
Student has 20 days to appeal decision externally

20. Inst’l Transfers Cont’d
Release Letters:
Student must demonstrate and provide evidence of either:
Compassionate or compelling reasons, or
ANU Program is unsuitable.
The evidence is kept on student file in ERMS for audits.

21. Standard 8 – Complaints & Appeals
III
A CRICOS provider (ANU) must:
Have a process that is independent, immediately and easily accessible;
The internal complaints/appeals process has prescribed requirements placed on the CRICOS provider;
External complaints/appeals - If the student is unhappy with the outcome, they must be informed of their right to access external arrangements for complaints/appeals at minimal or no cost.
The internal complaints/appeals process has prescribed requirements placed on the CRICOS provider including:
Have a written record if the complaint or appeal cannot be resolved informally
provides the opportunity to formally present his or her case at minimal or no cost
allow student to be assisted or accompanied by a support person
keep a written statement of the outcome, including reasons; and
processes must begin within 10 working days of the formal written lodgement

22. Standard 9 – Student Enrolment
III
ANU must:
Ensure the student completes their course within the timeframe of their eCoE;
Ensure students study at least one face-to-face course per study period and no more than 25% of their entire program can be by distance or online (may increase to 30%);
eCoE Extension can only occur under limited circumstances.

23. Standard 9 - Compliance III
To ensure students are enrolled (and maintain their eCoE):
They must pay their student fees by the deadline dates:
If they are late with their fees, they need to talk to STAR about payment.
If unsure of the process, refer students to the webpage.

24. Standard 13 – Defer or suspend
III
ANU must:
Have documented procedures for assessing, approving and recording a suspension of study (only) on the grounds of:
Compassionate and Compelling circumstances
Misbehaviour by the student
Communicate action through PRISMS and inform student that it may impact their visa. Three CoE outcomes include:
deferring or suspending without affecting the end date of the CoE
deferring or suspending that will affect the end date of the CoE (new CoE)
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.

25. Standard 9 & 13 – Student Enrolment Compliance
III
To ensure students complete their program within the eCoE timeframe ANU has a number of processes to ensure that a student’s eCoE is correct:
Applying for program leave for coursework:
anu.edu.au/students/program-administration/program-management/program-leave-international-coursework-student
Applying for research program leave for HDR:
anu.edu.au/students/program-administration/program-management/research-program-leave
Withdrawing from a program for a. coursework and b. HDR:
anu.edu.au/students/program-administration/program-management/withdraw-from-a-program-as-an-international
anu.edu.au/students/program-administration/program-management/withdraw-from-a-research-program
Reducing (coursework) study load:
Changing intensity for research students:
ANU must have evidence linked to an extension to eCoE on ERMS
Extending an eCoE:
anu.edu.au/students/program-administration/program-management/ecoe-extension
If unsure of the process, refer students to the webpage.

26. Standards 9 & 13 - Student Enrolment Compliance
III
Standards 9 & 13 - Student Enrolment Compliance
eCoE Extension:
Student must demonstrate either:
Compassionate or compelling reasons;
ANU implementing its intervention strategy;
Approved deferment or extension of study.

27. Standard 10 – Monitoring Course Progress
III
CRICOS providers (ANU) must:
Have documented course progress policies and procedures;
Identify, notify and counsel students at risk of not meeting their course progress requirements. Specifically, providers:
Monitor the progress of each student:
(ANU Policy:
Implement intervention strategies:
(ANU Policy:
Monitor the academic progress of each student at the end of each study period
Implement Early Intervention strategies activated if not yet competent in 50% or more of the units in any study period.

28. Standards 9 & 10: Enrolment & Progress Reporting
III
ASQO run regular reports in SAS and in PRISMS to ensure that students are meeting their visa conditions. This is used to identify students who:
have underloaded without permission;
completed their study early;
have an active eCoE but are not enrolled;
Enrolled without eCoE;
Have an expired visa (or will shortly expire).
We must report variations to student visa holder’s enrolment in PRISMS within 31 days except for under 18s which must be reported within 14 days.
If you become aware of any of these changes to a student’s enrolment please keep ASQO informed so that we can ensure compliance with these requirements.

29. Who’s Who at ANU: eCoE Responsibilities at ANU
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
Transfer
- eCoE Cancel/Create
Student Central
HDR (Admin)
Student Finishes
Early Completion
Need evidence of Compassionate and compelling circumstance (e.g. medical certificate).
Leave of absence in compassionate and compelling circumstances only

30. Standard 12 – Course Credit
III
ANU must:
Have documented procedures for granting and recording course credit. (policy:
Change in course duration is communicated through PRISMS.
‘Exemption from enrolment in a particular part of the course as a result of previous study, experience or recognition of a competency currently held. Includes academic credit and recognition of prior learning.’

31. Standard 14 – Staff and Facilities
III
CRICOS providers must:
Provide suitably qualified and experienced staff in relation to the functions that they perform, appropriate performance assessment and ongoing development;
Have appropriate premises and facilities for the course to support positive student outcomes.
An example of appropriate premises could be that if you are seeing a student in distress, it would be inappropriate to talk to them in an open-plan office.

32. Summary
The Australian Government is proactive in ensuring the quality of education to international students (on a student visa);
Providers can not be registered to provide courses to student visa holders if they do not meet certain quality criteria;
There are prescribed requirements of registered providers to protect international students’ interests.

33. Implications for CBE Staff Dealing with International Students:
Update CRICOS Provider code C eg, signatures (including response s);
Provide cautious advice to international students (especially about their study options and particularly Under 18s);
If forms are handed in make sure the form is signed, completed and has adequate evidence to support what the student is applying for (e.g. medical/counselling certificate);
Ensure up-to-date address in ISIS;
Refer students to the relevant webpage if unsure of process;
Know the Critical Incident Policies and procedures:
Policy:
Procedure:

34. 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
If you have any questions about US Financial Aid and Canadian student loans, student visa compliance, program leave, changes to your enrolment or ECoE, if they’re thinking about transferring to another Australian university within the first 6 months of you being here or you have any questions about lodging a complaint or an appeal then please don’t hesitate to contact us.
And finally, please remember these three things: 1. Students need a valid visa while studying in Australia at all times. It is your responsibility to know when your current visa expires and your visa conditions to abide by. 2. You need an active eCoE while studying in Australia on a student visa. Without an active eCoE, the Department of Immigration might cancel your student visa. 3. Talk to ASQO when you need a new eCoE or if there are any questions you have which are eCoE/visa related.

35. ASQO Contact Details Phone: 6125 1436 Email: policy.regs@anu.edu.au
Division of Student Administration ANU Student Exchange Building (X-005) 121 Marcus Clarke Street (entry via Childers Street)