Providers are responsible for the actions of their agents in marketing their courses (NC 19)
An agent means 'a person (whether within or outside Australia) who represents or acts on behalf of the provider, or purports to do so, in dealing with overseas students or intending overseas students' (s. 5)
An associate of a provider includes:
The spouse or defacto spouse, a child (of person or of persons spouse or defacto spouse), a parent (of person or of persons spouse or defacto spouse) or a sibling of the person (s. 6(1))
Where the provider is a company an officer of the company or a related company (s. 6(1))
Where the provider is a company a person who holds 15% or more of the paid up shares in the company (s. 6(3))
Providers must not accept students from an agent if they know or reasonably suspect the agent to be:
Engaged in dishonest practices
Facilitating the enrolment of students who do not comply with their visa requirements
Engaged in false or misleading recruitment practices
Using PRISMS for other than bona fide students (NC 49)
B. Guidelines
The scope of the ESOS Act is very broad-the act applies to providers, their agents and associates. Agents must be informed of the 'reach' of the Act and the implications for all parties should a breach occur. As advised in the ESOS Guide for AVCC members "A best practice approach might include an explanation of the roles of agents and associates, a definition of their capacity to make representations and act on behalf of the registered provider and the use of genuinely thought out contracts which pass on, or at least share, with agents or associates, some or all of the provider's obligations under the Act and ensure that these are complied with".
Procedures are in place for reviewing the practices of the agents
Ensure that the contract between Monash and the agent is ESOS compliant and incorporates best practice principles
No longer accept a student from an agent if they suspect an agent has been acting dishonestly, misusing PRISMS or engaged in false or misleading recruitment practices.
