ESOS Legislative Framework
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The University of South Australia (UniSA) is a registered higher education provider that offers education services to overseas students. To provide education and training services to international students the University must comply with rules and regulations required by the Federal Government and State authorities.
For South Australian higher education providers, the Legislative Framework comprises the following:
- ESOS Act (2000)
- ESOS Regulations 2001
- ESOS Charges Act 1997
- AVCC Code of Practice and Guidelines for Australian Universities 2005
- The National Code 2007
- Migration Act 1958
- Migration Regulations 1994
The Education Services for Overseas Students (ESOS) Legislative Framework
has been designed to establish and maintain national standards for the
provision of education and training services to international students. The
legislation aims to protect international students and guarantee quality
education. It also enables the Department of Education, Employment and
Workplace Relations (DEEWR) and the Department of Immigration and
Citizenship (DIAC) to take actions against providers who are found in breach
of their obligations.
The Legislative Framework relates only to students who are enrolled in an
onshore program and remain in Australia on a Student Visa. This Legislation
does not apply to students undertaking transnational programs or remaining
in Australia on a temporary visa other than a Student Visa.
The requirements of the Legislative Framework can be summarised under the
following headings to reflect the standards of the National Code 2007:
- Registration
- Educational Resources, Premises and Facilities
- Marketing and Recruitment
- Formalisation of Enrolment and refunds
- Transfer to another institution within the first six months
- Recognition of Prior Learning
- Agents and Associates
- Student Records
- Under 18 Students
- Student Services
- Complaints and Appeals
The ESOS Legislative Framework permits DEEWR and DIAC to monitor provider behaviour and/or issue search warrants to audit the University on any or all of the requirements set out above. The University will be required to provide any information requested and if it does not satisfy legal requirements, penalties may apply.
The Act and associated penalties require the University to:
- enforce policy and procedures relating to the recruitment and admission of international students
- induct, train and retrain all staff involved in dealings with international students
- monitor and report on enrolment and academic performance of international students
- maintain formal administrative links with associates and agents
- review and coordinate services provided to international students
- clarify roles and responsibilities within the University for all aspects of the international student program.