Education Services for Overseas Students - ECU | Sign In : Portals ...

Education Services 

for Overseas Students 

(ESOS) 

A Guide for ECU Staff 

Centre for Learning and Development Telephone: +61 8 6304 2554 

Email: cld@ecu.edu.au Web: http://www.ecu.edu.au/centres/centre-for-learning-and-development/overview 

1

2 

Sitemap 

INTRODUCTION 4 

INTERNATIONAL ENGAGEMENT 4 

VISA PROGRAMME 4 

OUR OBLIGATIONS 4 

THE ESOS FRAMEWORK 6 

OUR STUDENTS 6 

NEW COURSES OR MODIFICATIONS OF EXISTING COURSES 8 

THINGS TO KNOW 9 

BEFORE ENROLMENT 9 

COURSE CREDIT 9 

FOR THE COURSE COORDINATOR 9 

MODES OF STUDY 10 

GROUNDS ON WHICH ENROLMENT MAY BE DEFERRED, SUSPENDED OR CANCELLED 10 


COMPASSIONATE OR COMPELLING CIRCUMSTANCES 11 

DESCRIPTION OF THE ESOS FRAMEWORK 12 

COURSE FEES AND REFUNDS 12 

WHEN THE STUDENT ARRIVES 14 

ORIENTATION PROGRAM 14 


IMPORTANT – PLEASE READ 15 

MODE AND PLACE OF STUDY 15 

DURING THE COURSE 16 

STUDENT SUPPORT SERVICES 16 


MONITORING PROGRESS 16 


INTERVENTION STRATEGY 17 

TRANSFERRING PROVIDERS 18 

PRINCIPAL COURSE 18 

EXCEPTIONS TO THE RELEASE LETTER REQUIREMENT 18 

STUDENTS TRANSFERRING 19 

ASSESSING REQUESTS FOR A LETTER OF RELEASE 19 

GRANTING A LETTER OF RELEASE 19 

LETTERS OF RELEASE AND PACKAGED COURSES 19 

REFUSING A LETTER OF RELEASE 20 

STUDENTS WITHDRAWING FROM A COURSE 20 

EXTENDING THE DURATION OF A COURSE, VARYING ENROLMENT LOADS 20 


GREIVANCES 21 

COMPLAINTS AND APPEALS 21 


Email: cld@ecu.edu.au Web: http://www.ecu.edu.au/centres/centre-for-learning-and-development/overview


STAFF CAPABILITY AND EDUCATIONAL RESOURCES 22 


WORK RIGHTS 23 

STUDENTS NEED TO BE INFORMED THAT THEIR PERSONAL INFORMATION MAY BE 

SHARED 24 

WHAT SORT OF INFORMATION DOES ECU HAVE TO COLLECT? 24 

WHAT IS THIS INFORMATION USED FOR? 25 

WHAT SHOULD PROVIDERS KEEP IN MIND WHEN COLLECTING PERSONAL INFORMATION FROM 

STUDENTS? 25 

WHAT HAPPENS IF A COURSE CAN’T BE DELIVERED (AND THE STUDENT HAS 

ENROLLED)? 27 

WHAT IS THE TUITION PROTECTION SERVICE? 27 

MEANING OF COURSE MONEY 27 

IS THE STUDENT UNDER 18? 28 

STUDENT RESPONSIBILITIES 29 

THE COURSE DEVELOPMENT PROCESS 30 

FIRST – DEVELOP THE COURSE 30 

ESOS FRAMEWORK 31 

SANCTIONS AND PENALTIES 32 



3

4 

Sitemap 

Introduction 

International engagement 

Edith Cowan University (ECU) gains significant benefits from the education provided 

to International students. Our international engagement can transform students, widening 

their intellectual horizons, opening them to new ideas and experiences, and extending their 

friendships. International students also contribute intellectually to the ECU community, and 

provide diverse social and cultural perspectives that enrich the educational experience for 

our Australian students. 

These benefits rely on confidence in the integrity and quality of that service. A 

consistent national approach has been developed and ECU is required to implement and 

comply with this approach. 

ECU needs to ensure that we deliver a quality service and be aware of the ways in 

which overseas students may breach the conditions of their student visa. The ongoing 

benefits of international education requires maintenance and enhancement of ECU’s 

reputation as a provider of high quality education to overseas students. 

The enhancement of quality, consumer protection and integrity of the student visa 

programme are achieved through collaboration between all government agencies. 

Visa Programme 

Our international education programme is closely linked to the Australian 

Government’s student visa programme. Adherence to migration law is essential to ensure 

public confidence in the student visa programme and to ensure the provision of high quality 

education and training opportunities to students. ECU has to notify the Australian 

Government when students have breached their student visa conditions as a result of having 

failed to maintain satisfactory course progress or attendance. 

Our Obligations 

“The registered provider must 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 ” 

(National Code 2007, Standard 6.7) 

The Education Services for Overseas Students (ESOS) Act 2010 and its recent 

amendments (Amendment Bill 2011) provides assurances of quality education and 

consumer protection for international students studying in Australia. The Act places 

obligations on both the Education Provider (ECU) and the student. ECU is required to 

provide students with We are required to provide students with specific information and to 

advise them correctly so that they can make informed decisions. 



This booklet is aimed at staff dealing with overseas students so that they can assist with 

fulfilling this requirement. 

ECU as the registered provider must ensure that its staff members that interact directly with students 

are aware of ECU’s obligations under the ESOS framework and the potential implications for students 

arising from the exercise of these obligations. The purpose of this booklet is to assist with this. 



5

6 

Sitemap 

The ESOS Framework 

The ESOS Act (2010) protects student interests and aims to ensure high quality education 

services by describing minimum standards on a range of issues in its legislation. The ESOS 

Framework links with migration laws and imposes visa related reporting requirements on 

both students and education providers. 

Detailed information is available here on the ESOS Framework on the Australian Education 

International websites. 

Note that the ESOS Framework only applies to students if they are studying on a student 

visa. Other visa subclasses such as business and spouse are not bound by this legislation. 

(Adapted from the ECU website at http://www.ecu.edu.au/international/study-in-australia/ourcourses/government-rules-and-regulations) 

In the 2010 survey, 86% of all international student respondents were satisfied or very 

satisfied with their overall living experience in Australia and 84% were satisfied with their 

study experience. This compares to figures of 85% (living) and 84% (study) for international 

students who participated in the 2006 International Student Survey (ISS)(International 

Student Survey 2010 Overview Report). 

Our students 

Figure 1: International student numbers 2011 



Figure 2: International student numbers by location and their ages 

The data in this snapshot cover ALL offshore international students. The data was obtained from higher 

education statistics: 

http://www.deewr.gov.au/HigherEducation/Publications/HEStatistics/Publications/Pages/Home.aspx and from 

http://www.aei.gov.au/research/Research-Snapshots/Pages/default.aspx. 



7

8 

Sitemap 

New Courses or Modifications of Existing Courses 

The diagram below shows the procedures that need to be followed when developing a new 

course or when modifying an existing course, in order for ECU to be compliant with 

ESOS. 

Figure 3: The ECU ESOS process 



Things to know 

Before enrolment 

International students can only study CRICOS (http://www.cricos.deewr.gov.au/) 

registered courses – not all ECU courses are CRICOS registered. 

Potential students need to be provided with the following in either electronic or printed 

form. 

Course credit 

ECU has to have documented procedures for granting and recording course credit and 

course credit may reduce the length of a student’s course. So if you are involved in 

negotiations about course credit for an international student be aware of the following: 

• If this occurs before visa grant, providers must indicate the actual course duration 

in the confirmation of enrolment issued for that student for that course; 

• If the course credit is granted after visa grant and there is a change in course 

duration this has to be reported via Provider Registration and International Student 

Management System (PRISMS); and 

• Students need to sign a record of course credit granted. This record is to be kept 

on the student’s file. 

• Courses delivered entirely by online or distance learning cannot be registered 

on CRICOS. 

For the course coordinator 

• Advise ECU International if course duration changes pre-enrolment following grant 

o credit so new COE can be issued. Faculty/School staff granting Advanced 

Standing must indicate net course duration reduction (if any) (Form 103). 

Established process (and new online Form) for Advanced Standing; 

• Advise Student Connect (http://www.ecu.edu.au/SSC/staffonly/staff/convisa.php or 

http://www.ecu.edu.au/SSC/) if course duration changes post-enrolment following 

grant of credit so a new COE can be issued. Faculty/School staff granting 

Advanced Standing must indicate net course duration reduction (if any) (Form 

103). 

• For credit granted post enrolment, obtain the signature of the student on the 

record of credit by emailing or sending a letter to student and scanning letter or 

student response to email and then email to Student Connect 

(http://www.ecu.edu.au/SSC/staffonly/staff/convisa.php or 

http://www.ecu.edu.au/SSC/) 



9

Sitemap 

10 

Modes of study 

Faculty/School staff granting Advanced Standing must indicate net course 

duration reduction (if any); and 

• Any reduced duration is to be reported via PRISMS as required. 

Any course delivered entirely by online or distance learning cannot be registered on 

CRICOS for international students. However: 

• All courses currently registered must be able to be completed in face to face mode. 

• If a course is going to be delivers with compulsory online units special approval 

for CRICOS registration must be secured – see figure 3 and page 15; 

• It is ECU’s responsibility to ensure that a student’s pattern of study does not 

exceed the 25% allowable online or distance learning; and 

• ECU’s marketing materials need to clearly advise students that only 25 per cent 

of a course can be completed by online or distance education irrespective of how 

much of the course can be delivered by distance or online methods. 

Grounds on which enrolment may be deferred, suspended or cancelled 

ECU must give international students information about grounds on which their enrolment 

could be deferred, suspended or cancelled (see below for definitions). This could occur due 

to failure to meet unit prerequisites, unavailability of units/subjects, non-payment of fees or 

student behaviour. The information provided must include the option for students to request 

a deferment or suspension of their studies on the grounds of compassionate or compelling 

circumstances (below). Standard 2.1(f) relates to Standard 13, which covers how to defer, 

suspend or cancel a student’s actual enrolment. The meanings of these terms are explained 

below and links providing information are provided in the student’s offer letter. 

Meaning 

Deferment An adjournment of the starting date for study which allows a student's 

place in a course to be held for a nominated length of time, usually one 

year 

Suspension Voluntary leave from studies - intermission 

OR 

Involuntary suspension of studies through discipline action/misbehaviour 

or exclusion for health procedures 

Cancellation of 

enrolment 

Refers to an enrolment being cancelled on grounds other than academic 

such as unsatisfactory academic progress, exclusion for health reasons or 

non-payment of tuition fees 

Misbehaviour The use of the word “misbehaviour” relates to the discipline procedures 

Leave of 

Absence 

Intermission (voluntary leave from studies) 



For the course coordinator 

• ECU has established processes for approving deferral/intermission; 

• All student wishing to defer MUST seek approval from Student Connect Officer (Form 105); 

and 

• Deferrals only permitted for one semester and students are expected to go offshore. 

Compassionate or compelling circumstances 

“Compassionate and compelling circumstances” mean circumstances that are exceptional 

and generally outside the control of the student including family, medical or “well being” 

reasons that impact on a student's ability to maintain their enrolment. 

These might include: 

• serious illness or injury, where a medical certificate states that the student was 

unable to attend classes or participate in study; 

• bereavement of close family members such as parents or grandparents; 

• other compassionate family reasons (illness or significant change to personal 

circumstances of a close family member requiring a student to return home for 

example); 

• childbirth; pregnancy with a medical certificate that a student is unable to attend 

classes; 

• major political upheaval or natural disaster in the home country requiring emergency 

travel and this has impacted on the student's studies; 

• a traumatic experience which could include involvement in, or witnessing of a serious 

accident; or witnessing or being the victim of a serious crime, and this has impacted 

on the student (these cases should be supported by police or psychologists' reports); 

• course progression restrictions or Unit unavailability; 

• visa refusal, cancellation or inability to apply for a visa requiring a student to return to 

their home country to re-apply for a visa; or 

• student required to return home for military service 

Circumstances which generally fall outside compassionate or compelling grounds are: 

• Travel and employment opportunities 

• Family or customary obligations such as weddings 



11

Sitemap 

12 

• Relationship problems 

• Financial difficulties 

Please be aware that students will be provided with this information prior to enrolment and 

will assume that you know it as well. You as a course or unit coordinator will be the first point 

of contact for these kinds of inquiries. If you support the student’s claim then any 

documentary evidence supporting the claim should kept on the student's file. 

Description of the ESOS framework 

The student must receive a description of the ESOS framework before the provider accepts 

them. 

See the ESOS information page at http://www.ecu.edu.au/international/study-in-australia/ourcourses/government-rules-and-regulations 

• ECU must give this document - in print or by referring them to an electronic copy - to the 

student before accepting them. 

• Standard 2.1(g) refers to the ESOS framework document being available on the AEI 

website. 

• Students must read the ESOS framework before accepting a provider’s offer of a place 

and forwarding their fees. 

Course fees and refunds 

Written agreements between registered providers and students set out the services to be 

provided, fees payable and information about refunds of course money. 

ECU must enter into a written agreement with the student, signed prior to accepting course 

money from the student. ECU cannot accept course money from the student before this 

agreement has been signed or otherwise accepted. 

The agreement must: 

a. identify the course or courses in which the student is to be enrolled; 

b. any conditions on his or her enrolment; 

c. provide an itemised list of course money payable by the student; 

d. provide information in relation to refunds of course money; 

e. set out the circumstances in which personal information about the student may be 

shared between the registered provider and the Australian Government and 

designated authorities and, if relevant, the Tuition Assurance Scheme and the ESOS 

Assurance Fund Manager. This information includes personal and contact details, 

course enrolment details and changes, and the circumstance of any suspected 



each by the student of a student visa condition; and 

f. advise the student of his or her obligation to notify the registered provider of a 

change of address while enrolled in the course. 

In relation to refunds of course money in the case of student and provider default: 

• amounts that may or may not be repaid to the student (including any course money 

collected by education agents on behalf of the registered provider); 

• processes for claiming a refund; 

• a plain English explanation of what happens in the event of a course not being 

delivered; and 

• a statement that “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” 

Students will need this agreement as part of their enrolment. If you are asked questions about 

these elements then as a first step refer students to this agreement. After they have read the 

agreement and if they have further questions then please refer them to Student Connect 

(http://www.ecu.edu.au/SSC/staffonly/staff/convisa.php or http://www.ecu.edu.au/SSC/) 

Complaints and Appeals are handled by the Office of Governance Services 

(http://www.ecu.edu.au/GPPS/complaints/index.html) 



13

Sitemap 

14 

When the student arrives 

Orientation program 

ECU is required to have an age and culturally appropriate orientation program that 

supports students to adjust to study and life in Australia, to achieve their learning goals 

and to achieve satisfactory progress towards meeting the learning outcomes of the 

course. Such a program will inform students of support available at ECU in the form of: 

• Legal services; 

• Emergency & health services; 

• Facilities and resources; 

• Transfer policy; 

• Transition & Retention Programs 

• Critical incident policy*; 

• Complaints and appeals; and 

• Any student visa condition relating to course progress and/or attendance. 

(*The registered provider must have a documented critical incident policy together 

with procedures that covers the action to be taken in the event of a critical incident, 

required follow up to the incident, and records of the incident and action taken) 

For the Course Coordinator 

• Check whether your Faculty or School runs their own orientation program or whether 

it relies on the program run from the International student office 

• A staff member(s) must designated as official contact officer/s for students. Student 

contact officer or officers must have access to up-to date details of the registered 

provider's support services. The designated staff member’s contact detail could 

usefully be included in unit plans. These services must be provided at no additional 

cost to the student. 

• ECU official staff contacts for International students are the Student Central Student 

Advisers. These advisers and other University staff may refer students to the Student 

Connect team: 

• Sophie Karangaroa; 

• Marq Hodges; 

• Candace van Deventer; 

• Morag Cunningham; and 

• Jason Taboni 

• Ensure that all new teaching staff in your unit have attended ESOS training in 

the first six months of the commencement of their role. 



Important – Please read 

Currently, all ECU courses registered on the Commonwealth Register of Institutions and 

Courses for Overseas Students (CRICOS) have been approved by the registering authority 

on the understanding that international students can complete their course in the On-campus 

mode. 

The ESOS Act and the accompanying National Code 2007 outlines University obligations. 

In particular, Part C, Section 9 of the National Code 2007 states: 

Mode and place of study 

9.1 Courses delivered entirely by online or distance learning can not be registered on 

CRICOS. Courses with a distance or online component can only be registered on CRICOS 

where the designated authority is satisfied that these courses meet the minimum 

requirements as specified in Standard 9. This course registration requirement should not be 

confused with a student’s right to choose their mode of study. 

Part D, Standard 9.4 of the National Code 2007 permits a student to complete no more than 

25% of their course in the external (Off-campus) mode. 

9.4 The registered provider may allow the student to undertake no more than 25 per cent 

of the student’s total course by distance and/or online learning. However, the registered 

provider must not enrol the student exclusively in distance or online learning units in any 

compulsory study period. 

In practice, this means that any course made available for international students on student 

visa’s must be able to be completed in the face-to-face (on-campus) mode, unless 

separately approved for registration on CRICOS by the registering authority. Should special 

registration be secured, Part D, Standard 2.1 (b) requires the University to inform 

prospective students of the mode/s of study prior to accepting them into their course. 



15

Sitemap 

16 

During the course 

Student support services 

ECU as a registered course provider has to support its international students to adjust to 

study and life in Australia, to achieve their learning goals and to achieve satisfactory 

progress towards meeting the learning outcomes of the course (Standard 6). 

This means that we must provide the opportunity for students to participate in services or 

provide access to services designed to assist students in meeting course requirements and 

maintaining their attendance. 

This is usually in the form of welfare-related support services to assist with issues that may 

arise during their study, including course progress and attendance requirements and 

accommodation issues. These services must be provided at no additional cost to the student 

(If the registered provider refers the student to external support services, the registered 

provider must not charge for the referral). 


• Although ECU has centrally located advisors (see above) Faculty support personnel 

can also play a role. Reinforce with lecturers that international students are welcome 

to avail themselves of Faculty support personnel as well as centrally located support 

people. 

• Make sure their names appear in unit guides an plans and that lecturers occasionally 

reinforce the contact details and locations as part of learning processes. 

• Students can’t transfer from their course in the first six months of study (exceptions – 

see below under “Transferring Providers”). 

Monitoring progress 

ECU must implement an intervention strategy (below) for any student who is at risk of not 

meeting satisfactory course progress requirements. The intervention strategy must be 

activated where the student has failed in 50% or more of the units attempted in any study 

period. 

ECU must then notify the student in writing of its intention to report the student for not 

achieving satisfactory course progress. The written notice must inform the student that he or 

she is able to access the registered provider's complaints and appeals process as per 

Standard 8 (Complaints and appeals) and that the student has 20 working days in which to 

do so. ECU procedures are outlined at 

http://www.ecu.edu.au/GPPS/complaints/procedures.html 



If the student has chosen not to access the complaints and appeals processes within the 20 

working day period, withdraws from the process, or the process is completed and results in a 

decision supporting the registered provider, ECU must notify the Secretary of DEEWR 

through PRISMS of the student not achieving satisfactory course progress as soon as 

practicable. 


• Have a course progress policy and procedure applicable for each course of study 

• Assess students' course progress at the end of each semester 

Intervention Strategy 

• Must develop, document and implement an ‘Intervention Strategy’ for all students at 

risk of not making satisfactory course progress 

• The Intervention Strategy must be implemented when a student fails 50% of the 

Units undertaken 

• If progress is not satisfactory, student must get written notice advising they will be 

reported and that they have 20 working days to access complaints and appeals 

process 

• Intervention strategy developed for ‘At Risk’ students 

• Just putting a student on ‘Probation’ is insufficient 

• Standard 10 requires an ‘intervention’ to be implemented when a student fails 50% of 

their Units or more – ECU students can fail 50% and be on Good Standing 

• There is an established SSC process developed to capture and contact these 

students 



17

Sitemap 

18 

Transferring providers 

As a course coordinator you need to know that ECU cannot knowingly enrol a student wanting 

to transfer from another provider prior to the student completing six calendar months of his or 

her principal course unless: 

• The registration of the provider or the course in which the student is enrolled 

is cancelled; 

• The provider has given the student a letter of release; 

• A government sanction on the provider’s registration prevents the student 

from continuing his or her principal course; or 

• The student’s government sponsor writes to support the change. 

All international students must go through appropriate steps according to National Code, Part 

D, Standard 3 and this handled buy ECU international. 

Please see 

http://www.ecu.edu.au/international/study-in-australia/our-courses/change-ducation-provider 

Principal course 

The principal course is the student’s main course of study or the course leading to the highest 

qualification on the student’s current visa. If the student is on a package of courses, the 

course leading to the highest qualification will be the student’s principal course and the 

restriction will apply to the first six months of that course and any packaged courses before it. 

Exceptions to the release letter requirement 

1. A release letter is not required in the following circumstances: 

“Where the student arrives in Australia in anticipation of commencing a 

course, and the course is conditional on their meeting certain entry requirements. 

The student fails to meet these requirements, and in the absence of a release letter, 

the student is left without a provider. In this situation, where the student has not yet 

commenced their course, the provider cancelling the student's CoE is sufficient to 

permit a transfer under Standard 7” 

2. If a student’s enrolment is deferred, suspended or cancelled there is no need for the 

provider to also issue a release letter - in this situation the cancellation would be sufficient. 



Students transferring 

• Policies with blanket rules such as “No request for a letter of release will be granted” 

are not compliant and each case must be considered individually. 

• Policies that permit transfers in a very limited set of circumstances – thus acting as a 

• blanket no-release rule – are also now non compliant. 

• ECU must make the student transfer 

policy and procedure available to both 

staff and students. 

Assessing requests for a letter of 

release 

• ECU has to inform students of the 

outcome of his or her request for a 

letter of release within a reasonable 

timeframe; 

• ECU has to take into consideration that students often need to meet cut-off dates for 

enrolment with other providers; and 

• Good practice is that ECU gives the student an answer no later than 10 working days 

from the date the student lodges their application to transfer. 

Granting a letter of release 

ECU will not give a student a letter of release unless the student shows them a valid letter of 

offer of enrolment from another provider. 

Letters of release and packaged courses 

Students in a package of courses must complete six months of the principal course – the 

course leading to the highest qualification – plus all preliminary courses before they can 

transfer to another provider unless one of the exceptions is satisfied. 

Students can transfer from a preliminary course (with a release letter from the provider of the 

preliminary course) but they must maintain their enrolment with the subsequent providers in 

the package (unless they gain release letters from these providers). If a transfer affects the 

start dates of any subsequent courses in the package the student: 

1. Needs a letter of release from the providers of these courses, or 



19

Sitemap 

20 

2. Agreement from these providers to delay the Confirmation of Enrolment (CoE) 

commencement dates. 

ECU will tell students enrolled in a package that changing their preliminary course(s) may 

exclude them from admission to their principal course as a preliminary course can be a 

prerequisite for the principal course. 

Refusing a letter of release 

If ECU refuses a request for a letter of release it must give the student written reasons for 

doing so. These will note the factors taken into consideration and reflect due consideration of 

the student’s individual circumstances. The reasons for refusal should help the student to 

decide if he or she will appeal the decision. The document will also tell the student that he or 

she has the right to appeal ECU’s decision. 

Students withdrawing from a course 

If a student transfers providers the Education Services for Overseas Students (ESOS) Act 

2000 requires that ECU advise the Department of Education, Employment and Workplace 

Relations (DEEWR) through PRISMS within 14 days. This information is transmitted to the 

Department of Immigration and Citizenship (DIAC) and has implications for the student’s visa. 

Extending the duration of a course, varying enrolment loads 

As a course or unit coordinator or even as a lecturer you may be involved in initial inquiries 

from an international student about extending a course or varying a semester load. Such 

variations are not your responsibility and need to be signed off by Student Connect team. 

(http://www.ecu.edu.au/SSC/staffonly/staff/convisa.php or http://www.ecu.edu.au/SSC/). 

They may extend the duration of a course or vary an international student’s enrolment load 

when: 

• compassionate or compelling circumstances (e.g. illness where a medical certificate 

states that the student was unable to attend classes or where the registered provider 

was unable to offer a pre-requisite unit); 

• ECU implements its intervention strategy for students who were at risk of not meeting 

satisfactory course progress; or 

• an approved deferment or suspension of study has been granted under Standard 13 

(Deferring, Suspending or Cancelling the Students enrolment). 

All students can apply for a course extension through the International Office. Students are 

required to indicate the reason for applying and then the decision is made on National Code 

grounds (standard 9.2). This standard requires that variations in a student's enrolment load 



affecting the student's expected duration and the reasons for it must be kept on the student's 

file. ECU’s policy is available at: 

http://www.ecu.edu.au/international/study-in-australia/our-courses/study-and-enrolmentloads 

Where the extension is not approved, students must be advised of this in writing, with the 

reason for the decision. 

Standard 9.3 requires that ‘when the student can only account for the variation/s by 

extending his or her expected duration of study' the student must be correctly reported via 

PRISMS and/or a new extended COE issued. 


• Check that students and teaching staff in your course understand the above requirement. 

• enrolled by distance education or online study 

• Monitor enrolment to ensure students are not enrolled exclusively in distance or 

online learning units in any compulsory study period 

• Record variations to a student's enrolment load approvals. 

Greivances 

The National Code recognises that both internal and external complaint and appeals 

processes play a role in ensuring that grievances are appropriately heard and addressed for 

both the student and the registered provider. These processes will enable students to firstly 

seek recourse using the registered provider’s internal processes, and then if needed, 

through an independent, external person or body. 

The complaints and appeals requirements are outlined below. As the student’s stay in 

Australia is subject to the period of his or her student visa, the timeliness of decision-making 

is paramount. 

The registered provider’s (ECU’s) decision is made in accordance with Standard 8 (Complaints 

and appeals). 

Complaints and appeals 

ECU has to have a complaints and appeals processes that is independent, easily and 

immediately accessible and inexpensive for the parties involved. Our process is outlined at 

http://www.ecu.edu.au/GPPS/complaints/index.html 



21

Sitemap 

22 

Complaints and appeals processes are enacted if the matter cannot be resolved informally, 

which requires a written record of the complaint or appeal to be kept. Key features of our 

process are: 

• each complainant or appellant has an opportunity to formally present his or her case 

at minimal or no cost to him or herself 

• each party may be accompanied and assisted by a support person at any relevant 

meetings 

• the complainant or appellant is given a written statement of the outcome, 

including details of the reasons for the outcome, and 

• the process commences within 10 working days of the formal lodgement of the 

complaint or appeal and supporting information and all reasonable measures 

are taken to finalise the process as soon as practicable. 

If the student is not satisfied with the result or conduct of the internal complaint handling and 

appeals process, ECU must advise the student of his or her right to access the external 

appeals process at minimal or no cost. ECU must maintain the student’s enrolment while 

appeals are being heard. 

If the internal or any external complaint handling or appeal process results in a decision that 

supports the student, ECU must immediately implement any decision and/or corrective and 

preventative action required and advise the student of the outcome. 


• Make sure that staff in your course and the students are aware of the existence of 

these processes. 

Staff capability and educational resources 


• Be aware that ECU is required to make sure that staff are suitably qualified or 

experienced in relation to the functions they perform for students. 

• Make sure that the educational resources support the delivery of your course to 

students – sufficient to support students to achieve their course outcomes. 

• As a course coordinator you have to make sure that your course staffing is adequate 

and staff have the capabilities to teach in the course. 

• ECU is required to have documented policies and processes for the recruitment, 

induction, performance assessment and ongoing development of members of staff 

involved with the recruitment or delivery of education or client services to students. 



Work rights 

The following is proposed for early 2013. 

All graduates of an Australian university Bachelor degree, who have spent at least two 

academic years studying that degree in Australia, and who have complied with their visa 

conditions, should receive two years’ work rights. 

All graduates of an Australian university Masters by Coursework degree, who have studied 

that degree in Australia, and who have complied with their visa conditions, should receive 

two years work rights on successful completion of their course. 



23

Sitemap 

24 

Students need to be informed that their personal 

information may be shared 

ECU and our student visa students enter a written agreement that requires ECU to describe 

how and when personal information about the student may be shared between the 

Australian Government and other relevant authorities like the Tuition Assurance Scheme 

and the ESOS Assurance Fund Manager. 

What sort of information does ECU have to collect? 

• Full name, gender, date and country of birth and nationality, and the student’s 

residential address; 

• CRICOS course code, agreed starting date and if the student didn’t begin the course 

when expected; the expected completion date, and 

any termination of the student’s enrolment prior to the 

expected completion date; and any change to the 

identity or duration of the course; 

• the amount of money the provider has received prior to 

issuing a Confirmation of Enrolment (CoE), and an 

estimate of the total amount the student will be 

required to pay to undertake the full course; 

• whether the student has paid for Overseas Student 

Health Cover (OSHC) before the course starts; 

• whether the student has undertaken a test to 

determine his or her level of understanding of English, 

the name of the test and the score the student 

received for the test; 

• the DIAC office where the application for a student visa was made or is expected to 

be made; and if the student holds a student visa, the number of the visa; and once 

studying in Australia, the student’s local DIAC office; 

• if the student was in Australia when he or she became an accepted student, the 

student’s passport number; and 

• any breaches of student visa conditions relating to attendance or satisfactory 

academic performance. 



What is this information used for? 

The information may be shared between agencies mostly to promote compliance with the 

ESOS Act and the National Code and to promote compliance with immigration requirements 

particularly in regard to the conditions of a particular student visa or visas, or of student visas 

generally. 

What should providers keep in mind when collecting personal 

information from students? 

ECU has to make sure students from whom they collect information know: 

• any authority or law that requires the particular information to be collected; 

• the agencies or organisations to which the registered provider usually 

discloses information of that type; 

• the identity of the registered provider (ECU); 

• that they can gain access to his/her personal information; 

• the purpose for which the information is collected; and 

• any consequences for the individual if all or part of the information is not 

provided. 

The following notice may be useful in fulfilling these requirements: 

Information is collected on this form and during your enrolment in order to 

• meet our obligations under the ESOS Act and the National Code 2010; and 

• ensure student compliance with the conditions of their visas and their 

obligations under Australian immigration laws generally. 

The authority to collect this information is contained in the Education Services for 

Overseas Students Act 2000, the Education Services for Overseas Students 

Regulations 2001 and the National Code of Practice for Registration Authorities and 

Providers of Education and Training to Overseas Students 2007. 

Information collected about you on this form and during your enrolment can be 

provided, in certain circumstances, to the Australian Government and designated 

authorities and, if relevant, the Tuition Assurance Scheme and the ESOS Assurance 

Fund Manager. In other instances information collected on this form or during your 

enrolment can be disclosed without your consent where authorised or required by 

law. 



25

Sitemap 

26 

At ECU this information is collected by ECUI and Student Central 

Adapted from the ESOS factsheet available at: 

https://www.aei.gov.au/Regulatory -Information/Education-Services-for- 

Overseas-Students-ESOS-Legistalive- 

Framework/ESOSQuickInformation/Documents/ESOS Factsheets/National Code 

Standard 3.1d - student personal information.rtf 



What happens if a course can’t be delivered (and the 

student has enrolled)? 

The first option is to place the student in an alternative course (CRICOS registered). 

Students have to accept this alternative placement in writing. If they don’t accept it then 

simply put, the student’s course money is refunded. To comply with the requirements of the 

National Code 2010 and later amendments the Provider (ECU) has to supply a plain English 

explanation of what occurs should this situation arise. Standard 3.2 details the information 

that must be included in written agreements. 

What is the tuition Protection Service? 

The Tuition Protection Service or TPS is a placement and refund service for international 

students. All providers must contribute according to the risk they present to students and the 

sector. (See https://tps.gov.au/Home/NotLoggedIn) 

Meaning of course money 

Course money is: 

(1) course money means money a provider receives, directly or indirectly, from: 

(a) an overseas student or intending overseas student; or 

(b) another person who pays the money on behalf of an overseas student or 

intending overseas student; 

for a course that the provider is providing, or offering to provide, to the student. 

(2) money received for a course includes: 

(a) tuition fees; and 

(b) any amount received by the provider that the provider is to pay, on behalf of 

the student, to a registered health benefits organization (within the meaning of the 

National Health Act 1953); and 

(c) any other amount that the student had to pay the provider, directly or indirectly, in 

order to undertake the course. 

Adapted from 

https://www.aei.gov.au/regulatory-information/education-services-for-overseas-studentsesos-legislative-framework/esosquickinformation/esosfactsheets/pages/esosfactsheets.aspx 



27

Sitemap 

28 

Is the student under 18? 

As a general rule ECU does not enrol students from overseas who are under 18 years old 

– except in very exceptional circumstances. However ECU will take under 18 students 

when they are living with a “DIAC approved” carer. 

However: 

Standard 5 of the National Code 2007 states that: 

Where students under the age of 18 are not being cared for in Australia by a parent 

or suitable nominated relative, registered providers ensure the arrangements made 

to protect the personal safety and social well-being of those students are 

appropriate. 

This means that ECU must approve care arrangements for that student and 

• give the department a signed statement (see CAAW below) confirming that for a 

nominated period appropriate arrangements have been made for the student's 

accommodation, support and general welfare. The period nominated by the provider 

must be a least the length of the student's Confirmation of Enrolment (CoE) plus 

seven days at the end of the CoE or until the student turns 18. 

• report through PRISMS any changes to the care arrangements, including the type of 

accommodation such as if the student moves from a boarding school to a homestay. 

Standard letters available from PRISMS (Provider Registration and International Students 

Management System (PRISMS) for confirming welfare arrangements and notifying changes 

(https://prisms.deewr.gov.au/) 



Student responsibilities 

An overseas student on a student visa, has the 

responsibility to: 

• satisfy their student visa conditions 

• maintain their Overseas Student Health Cover 

(OSHC) for the period of their stay 

• meet the terms of the written agreement with ECU 

• inform ECU if they change their address 

• maintain satisfactory course progress 

• follow ECU’s enrolment load policy, 

• follow ECU’s attendance policy, and 

• if they are under 18, maintain their approved 

accommodation, support and general welfare 

arrangements. 



29

Sitemap 

30 

The Course Development Process 

First – develop the course 

and then compliance follows 



ESOS Framework 



31

Sitemap 

32 

Sanctions and Penalties 

Sanctions can be imposed under Division 1, Part 6 of the ESOS Act 2000 

• The power to suspend or cancel registration for one or more courses 

• Or impose conditions on registration 

• Automatic suspension for loss of state approval 

• Automatic suspension for non-payment of annual Fund contribution or the 

special levy 

• For a provider who ceases to be approved for a course for a State, automatic 

cancellation of registration 

Offences relating to production and attendance notices 

• S. 113 makes provision for production notices 

• S.116 for attendance notices 

• S.120 creates an offence for failing to comply with a production or attendance 

notice 

• Ss 121 and 122 create offences for giving false information or false documents 

in relation to such notices. 

• Powers are also given to authorised department employees to retain and copy 

provider documents (ss.124-128). 

Monitoring warrants 

• S.130 states that an authorised employee may enter premises for a monitoring 

purpose 

• S.131 specifies the monitoring powers of authorised employees 

• S.137 specifies that an authorised employee may apply to a magistrate or 

tribunal member for a monitoring warrant. 

Offences 

• Breach of notification requirements (s.19) 

• Breach of record keeping requirements (s.21) 

• Failing to identify the registered provider in written material (s.107) 

• The provision with false or misleading information in complying with or purporting 

to comply with s.13, 19, 20 and subsection 26(1) or (3) (s.108) 

• Intentional and reckless breach of condition of access to PRISMS (S.109) 

• The provision or offer to provide a course to an overseas student, a course that is 

not genuine and in doing so facilitates a breach of one or more of a student's visa 

conditions (s.110) 



• Failure to comply with a production notice issued pursuant to s.113 or an 

attendance notice issued pursuant to s.116 

• Giving false or misleading information or to provide a false or misleading 

document in the course of complying or purporting to comply with a 

production or attendance notice issued pursuant to s.113 and 116 of the Act 



33

Education Services for Overseas Students - ECU | Sign In : Portals ...

Create successful ePaper yourself

Delete template?

Save as template?