Frequently asked questions on this page:
This standard guides providers in marketing their education and training services. It offers a safeguard against unethical practices and assists both providers and students.
The registered provider must ensure the marketing of its education and training services is undertaken in a professional manner and maintains the integrity and reputation of the industry and registered providers.
1.2 The registered provider must:
a. clearly identify the registered provider’s name and CRICOS number in written marketing and other material for students, including electronic formb. not give false or misleading information or advice in relation to: i. claims of association between providers ii. the employment outcomes associated with a course iii. automatic acceptance into another course iv. possible migration outcomes, or v. any other claims relating to the registered provider, its course or outcomes associated with the course.
The registered provider’s name and the CRICOS provider number are clearly identified in marketing material for overseas students. This means that all written and electronic material that is used for marketing and recruitment of overseas students lists the registered provider’s legal entity and CRICOS code. The provider’s trading name is not required, but may also be included. Examples of marketing material used for recruitment purposes could include:
These materials would not generally be required to include the registered provider’s name and the CRICOS provider number:
Note that section 107 of the ESOS Act further clarifies requirements for providers for including the registered name and CRICOS provider number on written material including in electronic form that:
Under the Act, providers need to ensure that the registered business name and CRICOS provider number are included in such materials as the prospectus, application form, letter of offer and enrolment form if those materials perform one or more of the three functions described by the Act and mentioned above.
Please note that where any material contains a pull out or tear-away section, the removable section should also comply.
In addition, note that a provider of a course who is not a registered provider must identify the registered provider in any written material promoting the course. This would include any courses offered by arrangement with another provider. For further information about arrangements with other providers, please see Part C of the National Code 2007.
Please note: The principles in the examples below can be applied to all sectors.
Can a provider promote and market a course for which it has applied, but is yet to receive, registration?
No. Providers must not promote and market a course while an application for CRICOS registration is awaiting approval. However, a provider may inform prospective and enrolled students that it has applied for registration of a course. For further information, please see the example and notes below.
A provider promotes an unregistered course
The College of Hospitality delivers courses to domestic and overseas students. The Diploma of Hospitality has been offered to domestic students for several years but now the college plans to offer the course to international students. Applications have been made to the state authority to extend the scope of the college and the college has begun to market the course on its website and using materials developed for the domestic market. The college is in breach of the Code and the Act because it is marketing a course that is not yet registered to offer to overseas students on a student visa. The college should have restricted its promotional activities to informing prospective and enrolled students that it has applied for registration of the course, but not actively marketed the course to students. When the course has been approved for delivery to overseas students, the provider will need to ensure that its marketing material for overseas students contains the registered provider name and the CRICOS provider number.
What should a provider do if they suspect their agent is acting dishonestly in relation to students intending to come to Australia on student visas?
The provider should cease accepting overseas students recruited by that agent. If the agent has been granted access to the PRISMS system to create CoEs, the provider should put an urgent request in writing to have the agent removed - PRISMS Help Desk fax (02 6123 7558) or email: firstname.lastname@example.org.
Will the Department of Education make information on “bad” agents available to providers?
The Department of Education will advise a provider if they become aware a provider is using an agent that: engages in dishonest practices; facilitates the enrolment of non bona fide students; or engages in false or misleading advertising and recruitment practices. If the provider continues to use the agent, the provider risks breaching the National Code and may have sanctions imposed on their registration.DEEWR cannot, for privacy/defamation/natural justice reasons, issue a “black list” of agents about whom there have been concerns.
Why is the Department of Education allowing agents access to PRISMS?
The Department of Education is allowing agents to create CoE s if the provider has given them authorisation to do so via the PRISMS User Registration form. These CoEs must be approved by the provider. The provider must not allow an agent they suspect of inappropriate behaviour access to PRISMS.
What constitutes ‘active recruitment of a student already enrolled with another provider’?
Active recruitment of a student is when an agent or representative of a particular provider speaks or writes directly to a student and promotes a provider or course as superior to and/or cheaper than the provider or course in which the student is currently enrolled, with the intention of encouraging the student to transfer from his or her current provider.
Marketing targets students enrolled with another provider
At the Southern School of English, Lars has requested a letter of release four months after beginning his English language course. Lars has been informed that a nearby college is offering the same course but charging a different fee. He received this information from a representative of the nearby college who stood inside the gates of the Southern School of English offering course information pamphlets to students. The Southern School of English reports the suspected breach of Standard 1 via the ESOS Helpline.
Does all our promotional material need to have our registered provider name and CRICOS number identified on them?
Yes. All written material (including web) that promotes a course or invites an intending student to apply to undertake a course, must list the registered provider’s number.Section 107 of the ESOS Act 2000 (please refer to the Act for more detail) makes a provider guilty of an offence if they are not approved to:
Does a student handbook have to carry the provider’s registered name and CRICOS provider code?
It depends on how the student handbook is used. See below for an explanation.
If the handbook is used for promotional purposes, it must contain the provider’s CRICOS provider number
At an international student fair in China, the International Secondary College is promoting its two CRICOS registered secondary courses to potential students. It has several brochures advertising the college and the benefits of studying in Australia. The representative of the college also displays a school handbook to give potential students an idea of the range of subjects and the facilities offered by the college. The brochures have the provider name and the provider CRICOS number, but the handbook does not include the CRICOS provider code because it was developed for enrolled students. This may be considered a breach if the handbook has been used deliberately at the fair to market the college and to recruit students or the handbook is used in some other way to influence a student to enrol with a provider.
Which parts of a provider’s website should include the provider’s CRICOS registration details?
The home page of the provider should include the CRICOS number in a prominent position (ie, not hidden away in tiny text in a corner). All pages relating to marketing, recruitment, services and information for overseas students should include the CRICOS registration details. While not required on every page of downloadable materials, the CRICOS number should appear somewhere on each document. Best practice would be to include the CRICOS number in the footer of the provider’s website.
How does a registered provider promote its courses when it has an arrangement with another provider?
Where more than one registered provider is involved in providing a course to overseas students, only one provider will be registered on CRICOS for that course. All advertising and promotional material must carry the registered name and CRICOS provider code of the provider registered to provide the course.
A provider has an arrangement with another provider to deliver a course in the same state
Western College has an arrangement with Lighthouse Institute to deliver a course in the same state. The designated authority has agreed to the provider’s recommendation of Western College as the registered provider for the course and, as a result, all promotional material carries the registered business name and CRICOS provider number of Western College. The material also makes clear that the course is being delivered by Lighthouse Institute and includes details about the location and facilities of Lighthouse Institute.
A provider arranges to deliver courses in two states
The University of the South (CRICOS no 00015C) is registered in Victoria. It wishes to deliver a course in NSW and does so by obtaining separate CRICOS registration (CRICOS no 00003W) with the designated authority in NSW. The University’s NSW registration (00003W) arranges with another provider in NSW, Academic College, to deliver the course in NSW. The marketing material for the course bears the name and CRICOS provider number of the University of the South that was registered in NSW (00003W). The University of the South (00003W) is responsible for implementation and breaches of the ESOS Act and the National Code, whatever the nature of its contractual or other arrangements with another provider