1.0 Purpose and Scope
These procedures enact PPL 3.30.13a ESOS Compliance Commitment - Policy and outline the processes which must be followed to meet the requirements of the standards set under the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) [4].
These procedures apply to the administration of international students at The University of Queensland.
2.0 Process and Key Controls
Faculties, schools and central administrative units are required to ensure that compliance with the eleven Standards is demonstrated through adherence to relevant business processes across an international student’s career at the University. These processes include:
- Pre-enrolment engagement of students (Standards 1 to 4).
- Care for and services to students (Standards 5 and 6).
- Students as consumers (Standards 7, 9 and 10).
- Student visa requirements (Standard 8).
- Staff, educational resources and premises (Standard 11).
The key requirements of each Standard, the necessary action(s) and related UQ policy (where applicable), are set out in Section 3 below.
Training on ESOS, the National Code and responsibilities under this legislation, is offered through the university staff development program.
3.0 Key Requirements
3.1 Standard 1 – Marketing information and practices
The National Code specifies that ‘The registered provider must ensure that the marketing and promotion of its services connected with the recruitment of overseas students or intending overseas students, including through an agent (in accordance with Standard 4), is not false or misleading, consistent with Australian Consumer Law’.
Compliance requirements and processes required under Standard 1 are outlined below:
|
Requirement |
Related UQ policy |
1 |
Marketing and promotional material for international students (including through an agent) is consistent with Australian Consumer law, and clearly states the University name and CRICOS Provider Number (00025B). |
|
2 |
Marketing and promotional material must not give false or misleading information on:
|
|
3 |
Only programs that are CRICOS registered may appear in promotional materials. |
PPL 3.20.08 Program Design Policy [6]
|
4 |
Potential students are not actively recruited in any way that conflicts with Standard 7 (Overseas student transfers). |
3.2 Standard 2 – Recruitment of an overseas student
Standard 2 requires UQ to recruit responsibly, by ensuring students are appropriately qualified for the program for which they seek enrolment, including having the necessary English language proficiency, educational qualifications and work experience. Students must be able to make informed decisions about studying at UQ via information that is written in plain English.
Compliance requirements and processes required under Standard 2 of the National Code are outlined below:
|
Requirement |
Related UQ policy |
1 |
The University’s hard copy prospectuses (UQ Study Guides), as well as the Future Students Website (and associated web pages), provide advice and information required under this Standard including:
|
PPL 3.40.14 English Language Proficiency Admission [8]
PPL 9.30.02b Student Fees and Charges [9]
PPL 3.40.03b International Student Refunds [10]
|
2 |
The University’s student application review process ensures that a prospective student’s qualifications, work experience (where applicable) and English language proficiency requirements are appropriate for the program for which enrolment is sought (see clause 3.2.3 below). |
|
3 |
Assessment and approval of recognition of prior learning (RPL) or granting of course credit is carried out in accordance with the National Code, and recorded on the student’s official academic record. Credit granted prior to the issue of the student’s visa, resulting in a reduction in program duration, is included in the Confirmation of Enrolment (CoE) issued to the student. |
PPL 3.50.01 Academic Records [13] PPL 3.50.03 Credit for Previous Studies and Recognised Prior Learning [14] |
4 |
Where an international student is granted credit after a student visa is issued:
|
PPL 3.50.03 Credit for Previous Studies and Recognised Prior Learning [14] |
The following university units are responsible for ensuring that the student’s qualifications, work experience (where applicable) and English language proficiency requirements are appropriate for the program for which enrolment is sought, and the establishment of documented processes for these assessments:
- International Admissions for undergraduate and postgraduate coursework students;
- Graduate School for Research and Higher Degree Students; and
- International Marketing and Recruitment for incoming international study-abroad and exchange students.
International Marketing and Recruitment, in conjunction with the Office of Marketing and Communication, will produce and maintain a checklist for the use of University staff to ensure materials prepared for prospective students comply with Standard 2.
3.3 Standard 3 – Formalisation of enrolment and written agreements
Standard 3 requires the University to enter into a written agreement with the student, which is signed or otherwise accepted by the student, concurrently with or prior to the acceptance of any tuition/non-tuition fees. For students under 18 years of age, the agreement must be signed, or otherwise accepted, by the student’s parent or legal guardian.
Compliance requirements and processes required under Standard 3 are outlined below:
|
Requirement |
Related UQ policy |
1 |
The agreement (UQ ‘Offer Letter’) entered by the University with the overseas student must include the following details/statements, in plain English:
|
PPL 3.40.04 Coursework Admissions and Enrolments [12] 3.40.01 Student Fees [16] PPL 3.40.02 Incidental Students Fees and Charges [17] PPL 3.40.03 Student Refunds [18]
|
2 |
Ensure that written agreements and receipt of payments made by the student under these agreements be stored for at least 2 years after the person ceases to be enrolled as a student at UQ. |
The following organisational units are responsible for ensuring written agreements comply with Standard 3 of the National Code:
- International Admissions - for international undergraduate and postgraduate coursework students;
- Graduate School - for international Research and Higher Degree Students; and
- International Marketing and Recruitment - for incoming international study abroad and exchange students.
Student must also comply with the following obligations under the National Code including:
- keep a copy of the written agreement and receipts for any payments made and
- inform the University of any changes to their contact details (or those of their emergency contact) and ensure that their details are up to date on SI-net [19].
3.4 Standard 4 – Education agents
Standard 4 requires the University to take all reasonable measures to ensure its agents have appropriate knowledge and understanding of the Australian international education industry, and to not use agents who are dishonest or lack integrity.
Compliance requirements and processes required under Standard 4 of the National Code are outlined below:
|
Requirement |
Related UQ policy |
---|---|---|
1 |
Written agreements entered with agents must comply with the ESOS Act and the National Code. |
PPL 3.30.12 International Agreements [20]
|
2 |
Agents are provided training on the Australian international education industry UQ’s compliance activities under the National Code. |
|
3 |
The performance of agents is routinely monitored, and remedial action taken where unsatisfactory performance, or false or misleading practices, are identified. |
|
4 |
Education agent’s details are up to date in PRISMS. |
|
5 |
The University does not use agents who are dishonest or lack integrity. |
International Marketing and Recruitment is responsible for meeting the compliance requirements and processes required under Standard 4.
3.5 Standard 5 – Younger overseas students
The University is committed to protecting the personal safety and social wellbeing of children within the UQ community.
Compliance requirements and processes required under Standard 5 are outlined below:
|
Requirement |
Related UQ policy |
---|---|---|
1 |
The University meets Commonwealth, state or territory legislation and other regulatory requirements relating to child welfare and protection. |
PPL 1.70.05 B [22]reastfeeding on Campus [23] |
2 |
The University’s International Student Supervision Program meets the obligations set under the National Code. |
PPL 3.40.15 3.40.15 International Student Supervision Program [11] |
The Student Services Directorate must ensure that students under the age of 18 years are given appropriate information on who to contact in an emergency and how to seek assistance in case of difficulty.
The Student Services Directorate will ensure compliancy with PPL 3.40.15 International Student Supervision Program [11], and undertake all necessary checks.
International Admissions will assist in the processing of students applying for the International Student Supervision Program, and for the students transitioning from pathway providers by:
- issuing a Confirmation of Appropriate Accommodation and Welfare (CAAW) letter, via PRISMS, where students have been approved for the Program; and
- obtaining the details of parents/guardians, and ensuring these meet the criteria of the Department of Home Affairs, of an under 18-year-old student who is not applying for the Supervision Program.
3.6 Standard 6 – Overseas student support services
Standard 6 requires the University to assist overseas students in adjusting to study and life in Australia, and to have appropriate orientation programs that helps them access the information and services they require.
Compliance requirements and processes required under Standard 6 are outlined below:
|
Requirement |
Related UQ policy |
---|---|---|
1 |
UQ provides information to commencing students on the following matters in an ‘age and culturally sensitive orientation program’, as well as on key websites (e.g. myUQ, Future Students Website):
|
PPL 3.30.15 English Language Proficiency Development and Concurrent Support [24] PPL [25]3.50 Student Progression and Graduation [26] PPL [27]3.60 Student Rights and Responsibilities [28] PPL [29]4.60 Higher Degree by Research Candidates [30] PPL 3.60.02 Student Grievance Resolution [31] PPL 3.60.04 Student Integrity and Misconduct [32] PPL 3.60.05 A [33]cademic Administrative Appeals by Students [34] |
2 |
A documented critical incident policy and procedure is available including special provisions for overseas students. |
|
3 |
Faculties, schools and other units that enrol students will provide opportunities for students to participate in services, or provide access to services, designed to assist students to meet program requirements at no additional cost (e.g. academic advising, development of study plans, and/or referral to Student Services for learning assistance). |
|
4 |
The University takes all reasonable steps to provide a safe environment on campus and advises overseas students and staff on actions they can take to enhance their personal security and safety. |
The Academic Registrar, accessed via the Student Centre on each campus, is the official point of contact for students.
Faculties, schools and central administrative units must keep themselves informed of UQ’s obligations under the ESOS Framework and the implications for students arising out of the exercise of these obligations. UQ International and the Student Centre provide training opportunities to the wider University community for ESOS Compliance and an online module is also available for all student-facing staff -
https://wd3.myworkday.com/uq/email-universal/inst/17816$15/rel-task/2998$29489.htmld [38]
3.7 Standard 7 – Overseas student transfers
UQ must not knowingly enrol a student who requests to transfer from another provider prior to them completing six calendar months of their principal course, except under certain circumstances permissible under the National Code.
PPL 3.40.16 Transfer of Provider – Overseas Students [39] demonstrates UQ’s compliance with the National Code and outlines the processes for the assessment and approval of requests from students wishing to transfer to another provider and for students wishing to transfer to UQ from another provider.
3.8 Standard 8 – Overseas student visa requirements
Standard 8 requires the University to support overseas students to ensure that they are in a position to complete the program within the expected duration specified on their CoEs.
Higher education providers are not required to monitor attendance.
Compliance requirements and processes required under Standard 8 are outlined below:
|
Requirement |
Related UQ policy |
---|---|---|
1 |
Systematic monitoring and recording of overseas students’ progress and subsequent management of:
|
PPL 3.40.04 Coursework Admissions and Enrolments [12] PPL 3.50.14 Academic Progression [41] 4.60.05 Higher Degree by Research Candidature Progression Progression [42] 4.60.10 Higher Degree by Research Leave and Interruption to Candidature [43] |
2 |
The expected duration of study specified in the student’s CoE must not exceed the CRICOS registered duration for the program concerned. |
|
3 |
Where a student is assessed by UQ as not meeting satisfactory progress, the student must be informed in writing of its intention to report the student and that they are able to access the provider’s complaints and appeals process within 20 working days. |
|
4 |
Administration and management of applications for extensions are in accordance with the National Code, ensuring that:
The Visa Officer in the Student Centre will arrange for an extension of the CoE on advice from the faculty. |
Faculties are responsible for:
- monitoring progress and advising the Academic Registrar of students who are not maintaining satisfactory progress in accordance with specified requirements in UQ policies, procedures and program rules regarding progression, continuous enrolment, and refusal of re-enrolment; and
- development of an intervention strategy (see Section 4), where a student receives a progression alert or progression intervention notice and/or is refused re-enrolment under program rules, PPL 3.40.11 Enrolment [40]and/or PPL 3.50.14 Academic Progression [41].
3.9 Standard 9 – Deferring, suspending or cancelling the overseas student’s enrolment
Standard 9 requires the University to manage the enrolment of international students and maintain up-to-date enrolment information.
Compliance requirements and processes required under Standard 9 are outlined below:
|
Requirement |
Related UQ policy |
1 |
The University has in place documented procedures for assessing, approving and recording deferments (commencement of study), suspension (interruption) or cancellation of study. |
3.40.06 Undergraduate, Non-Award and CSP Admissions [44] 3.40.07 Postgraduate Coursework Admissions [45] 4.60.04 Higher Degree by Research Admission [47] 4.60.05 Higher Degree by Research Candidature Progression [42] 4.60.10 Higher Degree by Research Leave and Interruption to Candidature [43] |
2 |
Information is made available to students detailing the impact of deferring, suspending or cancelling a student’s enrolment. |
|
3 |
Approved applications for deferral, suspension or cancellation of enrolment are recorded in the student’s file in Records and Archives Management Services, SI-net [19] and PRISMS. |
3.9.1 Student-initiated deferral or suspension of enrolment
For international applicants, deferment of up to one year may be approved by the Academic Registrar subject to the applicant maintaining a valid English language proficiency standard and the continued availability of the program.
The University may only defer or suspend the enrolment of an international student on a student visa on compassionate or compelling circumstances. The National Code determines that ‘compassionate or compelling’ circumstances are generally beyond the control of the overseas student which have an impact upon the overseas student’s course progress or wellbeing. Examples include, but are not limited to:
- serious illness or injury, where a medical certificate states that the overseas student was unable to attend classes;
- bereavement of close family members such as parents or grandparents (where possible a death certificate should be provided);
- major political upheaval or natural disaster in the home country requiring emergency travel and this has impacted on the overseas 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 overseas student (these cases should be supported by police or psychologists’ reports);
- where the registered provider was unable to offer a pre-requisite unit, or the overseas student has failed a prerequisite unit and therefore faces a shortage of relevant units for which they are eligible to enrol.
The faculty must advise the Visa Officer in the Student Centre whether a student’s CoE could be extended for compassionate or compelling reasons.
3.9.2 University-initiated suspension or cancellation of enrolment
The University may suspend or cancel the enrolment of an international student for the following reasons:
- misconduct (refer to PPL 3.60.04 Student Integrity and Misconduct [32]); or
- failure to pay all relevant fees by the due date (refer to PPL 3.40.01 Student Fees [16]); or
- failure to satisfy enrolment conditions or unsatisfactory academic standing (refer to PPL 3.40.11 Enrolment [46] and PPL 3.50.14 Academic Progression [41]).
If the University intends to suspend or cancel a student’s enrolment, the University must notify the student that they have 20 working days to access the University’s complaints and appeals process. In accordance with the National Code, the suspension or cancellation will not take effect until the internal process is completed, unless extenuating circumstances relating to the welfare of the student apply.
3.10 Standard 10 – Complaints and appeals
The University’s PPL 3.60.02a Student Grievance Resolution - Policy [31] is compliant with the National Code. This includes reference to an independent, external arbiter outside of the University.
3.11 Standard 11 – Additional Requirements
Standard 11 requires the University, as a self-accrediting provider, to ensure that all CRICOS-registered programs meet the requirements of the National Code as outlined in the table below:
|
Requirement |
Related UQ policy |
1 |
Program duration of full-time equivalent study. |
PPL 3.20.01 Academic Program Approval [48] PPL 3.10.04 W [49]ork Integrated Learning and Work Experience [50] PPL 3.30.03 P [51]rograms, Plans and Courses Quality Assurance [52] |
2 |
Modes of study, including course components delivered as online study or placement. |
|
3 |
The number of international students enrolled in a program and the appropriateness of staff, resources and facilities for delivery of the program. |
|
4 |
Arrangements with other providers (including partners) in delivering a program to international students. |
The Academic Registrar is responsible for ensuring that new programs available to international students are compliant under the National Code, prior to obtaining a CRICOS program code.
In accordance with Standard 11 the University must undergo an independent external audit of its ESOS compliance, at least 18 months prior to the renewal date of its CRICOS registration.
4.0 Intervention Strategy
Where required under section 3.8, the intervention strategy for a particular student must be provided in writing to the student and placed on the student’s file held by Records and Archives Management Services or noted in comments in SI-net [15].
The strategy may include any or all of the following:
- attendance at a compulsory interview;
- attendance at a compulsory seminar;
- undertake suitable learning skills workshops in Student Services;
- meet with medical practitioner to discuss health/medical issue;
- manage employment hours;
- limit number of units in the following semester/s of study;
- meet with an advisor to determine remaining program requirements and determine a suitable study plan;
- meet with an adviser by a specified date regarding progress to date during the semester;
- register a disability/chronic medical condition with Student Services;
- successfully complete study at another post-secondary institution and provide the faculty with proof in the form of an official academic transcript from that institution;
- undertake an English language improvement program.
5.0 Roles, Responsibilities and Accountabilities
5.1 Policy owners
Heads of organisational units who are owners of governance instruments (policies and procedures) are responsible for ensuring that the relevant academic and operational policies and procedures are compliant with the ESOS Act and the National Code.
5.2 Faculties, schools and central administrative units
Faculties, schools and central administrative units are responsible for ensuring that relevant business processes are compliant with the eleven Standards under the National Code as outlined in PPL 3.30.13 ESOS Compliance Commitment – Procedures.
5.3 All staff
All staff members are responsible for understanding their obligations under each of the standards outlined in the National Code, and the implications for students arising out of the exercise of these obligations.
All staff must ensure that they comply with the legislation and work in accordance with this policy statement and all supporting procedures that serve to fulfil the University’s obligations under the ESOS Act. Training on ESOS, the National Code and responsibilities under this legislation, is offered through the university staff development program.
6.0 Monitoring, Review and Assurance
These procedures are monitored by the Academic Registrar, and reviewed by the Academic Board through the Committee for Academic Programs Policy (CAPP).
7.0 Recording and Reporting
University policy (P [53]PL 6.40.01 Information Management [54]) requires records of all significant communications and advice to students (e.g. appeals, withdrawal applications, progresssion intervention plans, credit applications) to be placed on the student’s file held by Records and Archives Management Services.
Students and staff who require further information about these procedures, or the associated policy, should contact the Academic Registrar.
8.0 Appendix
8.1 Definitions, Terms, Acronyms
CoE – Confirmation of Enrolment.
CRICOS - Commonwealth Register of Institutions and Courses for Overseas Students [55].
Deferment – refers to a student delaying the commencement of their program of study.
ESOS Act – Education Services for Overseas Students Act (2000) [3].
High managerial agent – means anyone who is “an employee, agent or officer of the provider with duties of such responsibility that their conduct may fairly be assumed to represent the provider in relation to the business of providing courses” (e.g. Vice-Chancellor).
International Student Supervision Program – The University of Queensland (Student Services) offers a supervision program which approves the accommodation, support and general welfare of international students under 18 years of age. This program is compulsory for international students who:
- are under 18 years of age when they enter Australia and commence their program at UQ;
- are not living with a parent, legal custodian or suitable relative approved by the Department of Home Affairs while under 18 in Australia;
- need their accommodation and welfare arrangements approved in order to meet the Department of Home Affairs’ student visa requirements.
National Code - National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (National Code 2018) [4].
Promotional materials - Promotional materials for international students include, but are not limited to: written materials such as study guides; advertisements; postcards; posters; flyers; brochures; event display stands and banners; and electronic materials such as emails and websites.
Marketing – defined in the National Code as “Promotion of the provider and its courses and facilities to prospective overseas students and their parents or guardians, agents, international organisations and other interested parties such as alumni.
TEQSA – Tertiary Education Quality and Standards Agency [56].