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Introduction The Department of Education, Employment and Workplace Relations regulates the education and training sector’s involvement with overseas students studying in Australia on student visas. It does this through the Education Services for Overseas Students legislative framework. This protects Australia’s reputation for delivering quality education services and the interests of overseas students, by setting minimum standards and providing tuition and financial assurance.
The legislation mandates a nationally consistent approach to registering education providers so that the quality of the tuition, and care of students, remains high. The professionalism and integrity of the industry is further strengthened by the ESOS legislation’s interface with immigration law. This imposes visa related reporting requirements on both students and providers. A simple explanation of the framework is the Easy Guide to ESOS.
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ESOS Legislative Framework The ESOS Acts and Regulations set out the legal framework for the delivery of education to overseas students. It governs:
- Which providers may be registered
- The CRICOS registration process
- Obligations of providers
- Tuition assurance and consumer protection mechanisms
- Enforcement and compliance powers
- Charges providers pay to enrol overseas students.
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National Code of Practice 2007 The original National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students has been substantially revised to improve clarity and to give institutions more flexibility. For students the changes bring greater protection. It takes effect July 1 2007. On that date all CRICOS-registered providers must comply with the provisions of the National Code of Practice 2007.
The National Code 2007 contains:
- A description of the principles and guidelines that underpin the National Code 2007;
- A description of the roles and responsibilities of state and territory governments;
- Requirements for CRICOS-registered providers; and
- Standards for CRICOS-registered providers.
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Implementation Strategy The implementation strategy for the National Code of Practice 2007 embraces ongoing consultations with peak bodies (education providers and students) and development of educational materials including a National Code Explanatory Guide.
The Explanatory Guide mirrors the structure of the National Code 2007 with a focus on Part D. It contains:
- Education sector-specific case studies
- Instructions on how to apply standards to education sectors
- Sector-specific compliance tips
- The relationship of each standard to other standards and the ESOS Act
- Useful website addresses, phone numbers and eMail addresses
From 1 July 2007 DEEWR will offer ongoing assistance including information and education services, as well as advice from compliance officers, to help providers adjust to the requirements of the National Code 2007.
Differences between the National Code 2001 and the National Code 2007 are outlined in the document: Comparison of the National Code (2001) and the Revised National Code (2007) (pdf 88kb). Also available is an explanation of how the National Code 2007 applies to existing and new students (pdf 33kb).
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Further Information
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