National Code – Part B: Government Roles and Responsibilities

Introduction

1.
The ESOS framework is based on a co-operative regulatory model between the Australian Government and state and territory governments. Part B is included in the National Code to facilitate a better understanding of government respective roles and responsibilities in administering the ESOS framework.

2.
The Australian Government is responsible for protecting the reputation of Australia’s international education and training industry and its capacity to provide quality education and training services while maintaining the integrity of the student visa programme. State and territory governments have responsibility for the regulation of education in their jurisdictions.

Australian Government

3.
The Department of Education, Science and Training (DEST) is responsible for administering the ESOS Act and its associated instruments. This includes managing CRICOS and supporting national consistency and policy development to assist the consistent interpretation and application of the ESOS framework, and the National Code in particular.

4.
DEST also monitors compliance with the ESOS Act and the standards in the National Code, particularly focussing on student visa integrity and consumer protection. DEST is responsible for investigating and instigating enforcement action for breaches of both the ESOS Act and the National Code. DEST will publish information about its compliance and enforcement activities on a regular basis.

5.
The ESOS framework recognises the role registered providers have in ensuring the integrity of Australia’s student visa programme through their ongoing contact with students during their stay in Australia. The Department of Immigration and Citizenship (DIAC) is responsible for regulating students by administering the student visa programme.

State and territory governments

6.
Each state and territory government regulates the delivery of education services to domestic students. The ESOS framework recognises this pivotal role of state and territory governments and minimises the regulatory burden on registered providers by applying existing registration, accreditation and compliance systems to underpin regulation of the education and training for overseas students studying in Australia.

7.
Under the ESOS framework, the designated authority in each state and territory assesses the registration and re-registration of courses on CRICOS and monitors compliance with the National Code. Some state and territory governments also have legislation that specifically relates to providing education services to overseas students.

8.
While DEST is primarily responsible for investigating and instigating enforcement action for breaches of both the ESOS Act and the National Code, state and territory governments often have enforcement mechanisms available through their legislation. Pursuing enforcement action through these mechanisms may be more appropriate given the nature of the breach, particularly if the state or territory government has specific legislation related to ESOS matters.

Efficient and effective administration of the ESOS framework

9.
To support the efficient and effective administration of the ESOS regulatory framework, the Australian Government and state and territory governments will:

a.   co-ordinate and maximise communication and collaboration;

b.   minimise the regulatory cost to governments and providers;

c. ensure roles and responsibilities are clearly defined;

d. support a nationally consistent approach; and

e.   be transparent to the Australian international education and training community.

Last update May 2007

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National Code – Part B: Government Roles and Responsibilities

	Introduction
	1.		The ESOS framework is based on a co-operative regulatory model between the Australian Government and state and territory governments. Part B is included in the National Code to facilitate a better understanding of government respective roles and responsibilities in administering the ESOS framework.
	2.		The Australian Government is responsible for protecting the reputation of Australia’s international education and training industry and its capacity to provide quality education and training services while maintaining the integrity of the student visa programme. State and territory governments have responsibility for the regulation of education in their jurisdictions.
	Australian Government
	3.		The Department of Education, Science and Training (DEST) is responsible for administering the ESOS Act and its associated instruments. This includes managing CRICOS and supporting national consistency and policy development to assist the consistent interpretation and application of the ESOS framework, and the National Code in particular.
	4.		DEST also monitors compliance with the ESOS Act and the standards in the National Code, particularly focussing on student visa integrity and consumer protection. DEST is responsible for investigating and instigating enforcement action for breaches of both the ESOS Act and the National Code. DEST will publish information about its compliance and enforcement activities on a regular basis.
	5.		The ESOS framework recognises the role registered providers have in ensuring the integrity of Australia’s student visa programme through their ongoing contact with students during their stay in Australia. The Department of Immigration and Citizenship (DIAC) is responsible for regulating students by administering the student visa programme.
	State and territory governments
	6.		Each state and territory government regulates the delivery of education services to domestic students. The ESOS framework recognises this pivotal role of state and territory governments and minimises the regulatory burden on registered providers by applying existing registration, accreditation and compliance systems to underpin regulation of the education and training for overseas students studying in Australia.
	7.		Under the ESOS framework, the designated authority in each state and territory assesses the registration and re-registration of courses on CRICOS and monitors compliance with the National Code. Some state and territory governments also have legislation that specifically relates to providing education services to overseas students.
	8.		While DEST is primarily responsible for investigating and instigating enforcement action for breaches of both the ESOS Act and the National Code, state and territory governments often have enforcement mechanisms available through their legislation. Pursuing enforcement action through these mechanisms may be more appropriate given the nature of the breach, particularly if the state or territory government has specific legislation related to ESOS matters.
	Efficient and effective administration of the ESOS framework
	9.		To support the efficient and effective administration of the ESOS regulatory framework, the Australian Government and state and territory governments will:
			a. co-ordinate and maximise communication and collaboration;
			b. minimise the regulatory cost to governments and providers;
			c. ensure roles and responsibilities are clearly defined;
			d. support a nationally consistent approach; and
			e. be transparent to the Australian international education and training community. Last update May 2007