The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students
What it is
The National Code is a set of nationally consistent standards that governs the protection of overseas students and delivery of courses to those students by providers registered on CRICOS - the Commonwealth Register of Institutions and Courses for Overseas Students. Only CRICOS courses can be offered to international students studying in Australia on a student visa.
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Its place in the ESOS framework
The National Code is established under the Education Services for Overseas Students (ESOS) Act 2000. To become CRICOS-registered a provider must demonstrate that it complies with the requirements of the National Code. The National Code is a legislative instrument. It is legally enforceable and breaches of the National Code by providers can result in enforcement action under the ESOS Act. This includes conditions on registration, suspension or cancellation of registration.
The National Code complements existing national quality assurance frameworks in education and training including the Australian Quality Training Framework (for registered vocational education and training providers offering these courses) and the National Protocols for Higher Education Approval Processes (for institutions offering higher education qualifications).
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Why it was changed
An independent evaluation of the ESOS legislation in 2005 and subsequent consultation with States and Territories and representatives of industry and student bodies led to the National Code being substantially revised.
Students now have more flexible study options and are served by a stronger appeals and complaints process. Education providers have more autonomy to manage a student’s enrolment and monitor their progress.
The original National Code will remain in force until 30 June 2007. The National Code 2007 comes into force on 1 July 2007 and will replace the original National Code. Further information on How the National Code applies to new and existing students (pdf 33kb) is available to download.
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National Code 2007 structure
The National Code 2007 (pdf 857kb) is divided into four parts:
- Part A includes a description of its role in the ESOS legislative framework and its purpose and objectives.
- Part B outlines the roles and responsibilities of the Australian and State and Territory Governments which share the responsibility for implementing the Code.
- Part C explains the CRICOS registration process including providers’ requirements and obligations.
- Part D provides 15 standards that providers must meet in their interactions with international students.
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