As the result of the Education Services for Overseas Students (ESOS) Act 2000 independent evaluation undertaken by Phillips KPA and LifeLong Learning, a number of amendments had been proposed to the legislation that protects the international education industry in Australia.
The amendments passed by the Australian parliament in November 2006 included:
Changes and clarification to the existing provisions of the ESOS Act relate to the following sections of the Act and are effective from 1 January 2007:
The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 which supports the ESOS Act comes into effect on July 1 2007 and all registered education providers must comply with the new code from this date.
The Code is available on : www.dest.gov.au/sectors/international_education/publications_resources/profiles/revised_national_code.htm.
In accordance with University corporate priorities, UniSA International is committed to the thorough management of the compliance framework within the University of South Australia, and will continue to contribute to improving compliance activities throughout the University. UniSA International takes on a leadership role in ensuring the implementation of new legislation and informing the University community and its representatives on upcoming changes.
All UniSA staff who interact with international students are strongly encouraged to attend one information session which will provide more details on changes to legislative requirements and how they will impact on the University.
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ESOS Information Session Schedule |
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| Unit/Department | Date | Time | Location |
|
14 June |
11.00am - 12.30pm |
AU 2-02, AU 2-03, Level 2, 101 Currie St |
|
19 June | 10.00am - 11.30am | BH 2-09 |
|
19 June | 2.00pm - 3.30pm | GP 1.09 |
|
21 June | 10.00am - 11.30am | H 2-03A |
|
21 June | 2.00pm - 3.30pm | H 2-02 |
|
26 June | 10.00am - 11.30am |
AU 2-02, AU 2-03, Level 2, 101 Currie St |
|
28 June | 11.00am - 12.30pm |
AU 2-02, AU 2-03, Level 2, 101 Currie St |
The Minister
for Education, Science and Training, the Hon. Julie Bishop, has
given her approval for the
revised National Code to proceed to
Parliament. Tabling in Parliament is likely to occur in November
2006 with a proposed implementation date of 1 July 2007.
DEST has developed an implementation strategy for the
revised National Code. For the remainder of
2006 they will be working with various groups to develop
materials including explanatory guides for the revised Code.
During the first half of 2007, DEST will be conducting education
activities including information sessions in order to prepare
providers. In the meantime we must comply with the
current National Code. From the 1 July 2007 we
will be required to implement the revised Code. DEST will give
ongoing assistance including providing information and education
services, as well as advice from compliance officers. ISANA, the
International Education Association Inc, is developing an online
tutorial on implementation strategies of the new Code. Ongoing
advise and information sessions will be offered to UniSA staff
and representatives by UniSA International.
The final version of the revised National Code can be accessed via the
following website
www.dest.gov.au/sectors/international_education/publications_resources/profiles/revised_national_code.htm
The ESOS (2000) Act has been recently reviewed by Phillips KPA and LifeLong Learning independent evaluators against its effectiveness and efficiency. The evaluation report has indicated a strong support for federal legislation that protects consumers and sets out quality standards for international education LINK: The Evaluation Report contained 41 recommendations and the majority of the recommendations have been accepted by the Minister.
DEST has now established an ESOS Reforms Taskforce to consult with State and Territory governments, peak bodies and the industry in implementing the reforms. Foremost among these will be the clarification of many elements of the National Code of Practice. DEST’s intention is to amend the National Code so that it can be implemented by education providers, can be audited both by external and internal auditors and can be enforced by the Government if needed. While legislative changes will be kept to a minimum, a number of technical amendments will be introduced.
An amended National Code is due for an introduction into Parliament in autumn sitting 2006 February/March. It is expected that an amended code will be introduced to education providers in June 2006.
While there will be no fundamental changes to the Act, clarification and expansion of the role of Regulating Authorities (State and Territory governments) is a feature of the proposed reforms. Some changes may require consecutive changes to the Migration Act which will be attended to only when ESOS changes are finalised.
UniSA International will be coordinating the University’s
participation in information and consultation sessions around the
implementation of the reforms and we will use this page to post
updates and documentation.
In the meantime education providers are under obligation to comply
with the current Act.
ESOS Act Amendment – The ESOS Act Amendment Bill 2005 passed second reading in federal Parliament in September 2005. This amendment is to essentially enable foreign owned higher education providers to become registered providers within the meaning of the ESOS Act, and be able to deliver education services to international students in Australia. This amendment was necessary to enable Carnegie Mellon University to open in Adelaide in 2006 to offer education services to international students remaining in Australia on a Student Visa.