Policy and Governance
Policies and Procedures
Detailed information on the Act may be obtained from the following web sites:
- What is the ESOS Act?
The ESOS Act 2000 codifies the provision of education to students from overseas studying in Australia. Its provisions are legally enforceable, are subject to sanctions for breaches, and include:
- A National Code
- Creation of an ESOS Assurance Fund
- Obligations on providers
- Stronger monitoring and enforcement powers for Commonwealth agencies
At the same time, amendments to the Migration Act have introduced new visa regulations that set out risk assessment levels, package course reform and automatic visa cancellation for non-compliance (including unsatisfactory academic progress).
- To whom does the Act apply?
The Act applies to all providers of education and training programs registered on CRICOS (Commonwealth Register of Institutions and Courses for Overseas Students), their agents and associates, (the Act itself does not impose obligations on students although they are covered by it).
All staff, agents and associates dealing with international students must understand the requirements of the Act and National Code and the obligations imposed on them.
- What is CRICOS registration?
CRICOS registration is the process by which both the providers of courses to international students, and courses themselves are registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). Each provider is given a CRICOS number and each program offered by the provider has to be registered with a corresponding code before it can be marketed or offered to international students.
Aviation Australia’s provider number is 02425C. This must appear on all documentation, including websites, accessible by international students.
- What is the National Code?
The National Code is a schedule of requirements that are legally enforceable and must be complied with by an institution that provides courses to overseas students.
Penalties and Suspensions
- What are the penalties for breaches to the National Code or other provisions of the ESOS Act?
Breaches of the National Code, the ESOS Act or conditions of the provider’s registration are punishable by fines, and/or imprisonment or the loss of the right to accept international students.
The DEEWR Minister may impose conditions on, or cancel/suspend a provider’s registration. If registration is suspended or cancelled, a provider may only have limited dealings with international students. The Immigration Minister may also issue a suspension certificate.
- What is the effect of a suspension certificate?
If a provider’s registration is suspended, the provider cannot do anything to recruit or enrol international students for its programs; solicit or accept money from an international student for a program; or permit a student to commence a program.
- What are the new powers that DIAC now has with regard to student visas?
The amendments to the Migration Act provide search and entry powers for DIAC officers and new investigatory powers for monitoring compliance with student visa conditions. Universities can be required to make available information or documents (for example international student records); employees of the university can be required to answer questions or give evidence; “authorised employees” of DIAC can enter university premises under a monitoring warrant or a search warrant.
- What is an eCoE?
An eCoE is the “electronic Confirmation of Enrolment” generated by the university through PRISMS once an international student has been accepted. The eCoE enables the student to apply for a student visa.
- How much detail on a program should be included?
Information must include:
- General description of the program
- The qualification or accreditation gained on completion
- Duration of the program
- Teaching methods used (including any field trips or work experience)
- Assessment methods (this could include a statement on the types of assessment that may be used rather than specific details of assessment for particular courses)