ESOS compliance

Education Services for Overseas Students (ESOS) Act 2000

Latest update

The purpose of this statement is to provide Flinders University staff with a brief update on amendments to University policies and procedures arising from changes to the Education Services for Overseas Students (ESOS) Act 2000 and in particular, changes to the National Code which came into effect on 1 July 2007.

1. Background

The ESOS Act requires providers of education and training courses to international students studying in Australia to be registered, and sets out other requirements with which Flinders University and its staff must comply.  These include obligations under the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (National Code 2007) which is made under, and forms part of, the ESOS Act.

The ESOS Act and National Code 2007 affect the way in which the University markets, offers and provides courses of study to international students studying in Australia.

Refer to the Explanatory Guide to the National Code 2007 standards for further information.

2. Policy and procedure amendments to address changes to the national code

2.1 Marketing and Recruitment

The University has reviewed and as necessary revised the undergraduate and postgraduate prospectus for international students to ensure that the upcoming edition 2008/09 is accurate, and maintains the integrity and reputation of the University.  

If you are preparing written material (both in print and electronic format) to provide to prospective onshore international students it must include the provider name Flinders University and the University’s CRICOS Provider Number (00114A).  This includes emails (in electronic signature block), letters, publications, advertisements, brochures or any other information provided in writing to prospective onshore international students.  If you have any questions about the compliance of materials you are preparing with ESOS please contact the International Office on ext. 12727

2.2 Enrolment

The ESOS Act requires that the University ensures onshore international students are enrolled in the correct load according to the requirements of their student visa.

When counselling and/or authorising the enrolment of onshore international students, you need to be aware of the following:

2.2.1 Completion within expected duration of study

The University will monitor the workload of international students, in accordance with documented policy and procedure to ensure that they can complete the course within the expected course duration, as registered on CRICOS and as identified by the length of their student visa.  Monitoring of student load will be managed by Enrolment Services.

The National Code 2007 no longer stipulates a full-time study load however you should be aware that unless there are compassionate or compelling circumstances that prohibit international students from studying full-time (ie 18 units per semester) they are not guaranteed an extension to their student visa if they do not complete within the CRICOS registered timeframe. Should students be enrolled in less than an 18 unit load in any given semester they will not be guaranteed a new COE (visa document).

The University may only extend a students duration of study in limited circumstances as specified in the National Code 2007. These include compassionate or compelling circumstances, the implementation of an intervention strategy (see below for details) or an approved interruption to study.  Under these circumstances a student may study less than a full-time load, but the reasons for their under-enrolment must be documented and kept on file.  Students should also be advised that a variation to their study plan may affect their student visa and as necessary they should seek an extension through Enrolment Services.

2.2.2 Monitoring Course Progress

The University is required to systematically monitor students’ course progress through documented procedures.  Staff must be proactive in notifying and counselling students who are at risk of failing to meet course progress requirements.

The Assessment and Teaching: Policy and Procedures on review of Student Progress has been amended to ensure compliance with the ESOS Act. The key changes can be found in clauses 2, 3, and 4 which address the following requirements:

• to monitor students at the end of each semester;
• to identify those who are at risk of failure or preclusion based on a grade of FAIL in 50 per cent or more of the units attempted in the period under consideration.

Clause 5 deals with unsatisfactory progress. The key revision is that the progress of students who have attempted 36 units or more with an overall Grade Point Average of less then 1.33 in the period under consideration will be deemed unsatisfactory. Previously students would only be identified once they had attempted more than 36 units.

An intervention strategy that specifies the procedures for identifying and assisting students at risk has also been developed to support the policy. A Flow Chart depicting the key steps in monitoring student progress and implementing the intervention strategy has been developed.  Standard letters are also being introduced to ensure information to students is consistent and complies with our obligations under the ESOS Act.

2.2.3 Distance or online topics

Onshore International students will be eligible to undertake distance or online topics only where the number of units does not exceed more than 25% of the total course and students enrol in at least one face-to-face topic in any given semester.  If you are responsible for the setting up of new courses or the enrolment of international students you must take this change into account when setting course timetables and counselling students.  

In non-semester study periods, students may enrol in exclusively distance or online topics.  

At the beginning of each semester Enrolment Services will check enrolments to ensure adherence with this new requirement.

2.3 Complaints and Appeals

The University has revised the Student Appeals and Complaints Policies and Procedures to comply with the National Code 2007. The critical changes are:

• Students have 20 working days to lodge an appeal with the Student Appeals Committee (previously 20 days)
• Students may refer a complaint or appeal arising from the University’s internal complaints and appeals process to a relevant external agency.

The Flow Charts for appeals, complaints and grievances have all been updated to reflect the changes to policy. Refer to student-related policies and procedures for further information.

2.4 International Student Policy

The International Student Policy has also been revised and the key changes can be found at clauses, 7, 10 and 11.

Clause 7 outlines the requirements for dealing with a student who wishes to transfer either from the University or to the University prior to completing 6 months of their principal course.

Clause 10 explains the requirements for a student’s duration of study and granting extensions.

Clause 11 provides details for students who want to defer or suspend their enrolment, and the suspension or cancellation of a student’s enrolment if initiated by the University.

3. Staff obligations

All staff dealing with international students must understand their obligations under the ESOS Act. Staff interested in finding out more about their obligations are encouraged to contact the Staff Development and Training Unit for dates of ESOS Information Sessions.

Regular information sessions are also held at the Faculty level. Staff are welcome to contact their relevant Faculty Office for further information.

Further information

ESOS Compliance Officer: 12874

International Student Services Unit: 12717

Enrolment Services: 13571

Director, Academic and Student Services

19 December 2007