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ESOS Legislation
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What does ESOS mean and what does the legislation involve? |
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ESOS stands for Education Services for Overseas Students. The Education Services for Overseas Students (ESOS) Act 2000 and associated legislation is the legal framework governing the responsibility of education institutions towards overseas students. Five pieces of law make up the ESOS legislative framework:
- Education Services for Overseas Students (ESOS) Act 2000
- Education Services for Overseas Students (ESOS) Regulations 2001
- The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (National Code)
- Education Services for Overseas Students (Registration Charges) Act 1997
- ESOS Assurance Fund Act.
The ESOS legislation protects overseas students coming to Australia on student visas. The legislation sets out clear roles and responsibilities for education institutions wanting to teach overseas students. It results in a nationally consistent approach to registering education providers so that the quality of the tuition, and care of students, remains high.
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PRISMS
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| Q |
What is PRISMS? |
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PRISMS - the Provider Registration and International Students Management System - is the DEST-managed database that education institutions use to notify DIAC of each student’s enrolment in a course. Every course that an institution offers to overseas students must be registered on PRISMS. (These institutions and courses are also listed in CRICOS – the Commonwealth Register of Institutions and Courses for Overseas Students.)
Providers notify DIAC of a student’s enrolment before the student applies for a student visa to study in Australia. The enrolment information generates an electronic Confirmation of Enrolment (CoE) as evidence of enrolment in a registered, full-time course. This CoE enables DIAC to issue a student visa. Providers also use PRISMS to notify DIAC of students who may have breached the terms of their student visa - for example when the student has not been attending classes or making satisfactory course progress.
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National Code 2007
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| Q |
Why change the National Code? |
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The ESOS Act required that it be independently evaluated within three years of its coming into effect in 2001. An evaluation report released in 2005 made 41 recommendations to improve the National Code by making its regulations clearer and easier to follow and to take into account modern education methods. A new Code responsive to both the industry’s and students’ needs consolidates Australia’s reputation as an international destination for quality education and associated services.
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How does the National Code 2007 differ from the previous National Code? |
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The National Code 2007 gives providers more flexibility and discretion in their relationship with students. It clarifies the roles and responsibilities of both regulatory authorities and providers.
A simple four-part structure defines the Code’s purpose, explains the roles and responsibilities of different levels of government, explains the CRICOS registration process and specifies 15 minimum compliance standards grouped under the headings: Pre-enrolment engagement of students; Care for and services to students; Students as consumers; Student visa programme; Staff, educational resources and premises. The document Differences between the original National Code and the National Code 2007 (pdf 88kb) compares the new and the old code.
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ESOS Evaluation
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| Q |
Who was consulted to change the National Code? |
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Over a 12 month period DEST initiated roundtable discussions, held bilateral meetings with peak bodies representing education providers and students, invited public submissions and facilitated public information sessions. Draft sections of the National Code 2007 were issued for peak body comment and the wording of the Standards in the National Code Explanatory Guide was thoroughly canvassed with peak body representatives.
Federal and state regulatory authorities and state and territory governments participated through the National Code Action Group. The Department of Immigration and Citizenship (DIAC) was closely involved and is implementing complementary legislative changes of the Migration Regulations 1994.
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CRICOS
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| Q |
How do I become registered on CRICOS? |
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A provider planning to offer courses to students studying in Australia on student visas must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students. This process begins with applying to the relevant State or Territory authority. A list of the sate and territory authorities is available at: http://cricos.deewr.gov.au/Contacts/CRICOSContacts.aspx. When the state or territory authority has approved the provider and its courses, they will advise DEST. As soon as DEST is satisfied that the provider has complied with the ESOS Act 2000, the provider is registered on CRICOS.
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| Q |
What information is available to providers about the requirements of the ESOS Framework? |
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The ESOS website is a comprehensive source of information. It has links to the ESOS legislation, the National Code, the Contributions Review Panel and the ESOS Assurance Fund. Providers should also consult state and territory authorities to find out if they have to meet any additional requirements.
All providers should consider the requirements under the Act, the Regulations, and the National Code, and make any changes necessary to comply with the legislation before applying for CRICOS registration.
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What does it cost to be listed on CRICOS? |
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DEST requires new providers to pay an Initial Registration Charge (IRC). Existing providers pay an Annual Registration Charge (ARC) at the beginning of each year. The amount payable is determined by the number of overseas students the provider had enrolled in the previous year. All registered providers pay a base fee even if no students were enrolled the previous year.
Information on any associated costs in each state or territory is available from their designated authorities. The state and territory authority list is at: http://cricos.deewr.gov.au/Contacts/CRICOSContacts.aspx
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| Q |
Is there a limit on the number of overseas enrolments we can have at our school/college? |
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Yes. The maximum number of overseas students to whom you may provide a course or courses is approved by the state authority. If you wish to enrol more than your maximum number you must seek approval from the state authority.
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How do I get my provider/course details amended on CRICOS? |
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Providers must notify any necessary changes (for example, name of provider and of the principal executive officer) to the relevant state or territory authority at: http://cricos.deewr.gov.au/Contacts/CRICOSContacts.aspx
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