Introduction

This manual outlines steps to be followed by Monash University faculties and staff in order to comply with the legislative requirements of the ESOS Act 2000, the associated National Code of Practice and the ESOS Regulations 2001.

Why was the ESOS Act 2000 introduced?

The ESOS Act 2000 was introduced by the Government as a response to serious concerns about the effectiveness of the earlier Act to protect overseas students from institution collapses and fraudulent behaviour by individuals. The ESOS Act 2000 was passed in parallel with a major revision to the Migration Act and the Regulations governing student visas.

The 2000Act strengthened the accreditation and monitoring processes of both the State and Federal authorities, gave power to the Federal authorities (DEST) to act on its own accord when fraud etc is suspected and where the State authority has not acted. It also introduced a National Code of Practice for registration authorities and providers. The Code has the force of law and breaches of it can lead to prosecution.

The legislation aims at improving the accountability of providers through the provision of approved courses, services and facilities and to ensure students are involved in full time study with the goal of completing their course in the minimum time.

The ESOS Act requires of all education and training providers of courses offered to international students studying in Australia on a student visa to:

• Register on CRICOS
• Meet quality assurance standards
• Comply with tuition and financial assurance requirements
• Meet the obligations of registered providers
• Report students who do not comply with student visa conditions

The obligations contained in ESOS are found in the following sources:

• Education Services for Overseas Students Act 2000 (ESOS Act 2000):
  http://scaleplus.law.gov.au/html/pasteact/3/3425/top.htm
• Education Services for Overseas Students Regulations 2001:
  http://scaleplus.law.gov.au/html/pastereg/browse/TOCED.htm
• Education Services for Overseas Students Act 2000 (Assurance Fund Contributions) Act 2000:
  http://scaleplus.law.gov.au/html/pasteact/3/3426/top.htm
• Education Services for Overseas Students Act 2000 (Registration Charges) Act 1997:
  http://scaleplus.law.gov.au/html/pasteact/2/1264/top.htm
• The National Code:
  http://www.dest.gov.au/sectors/international_education/publications_resources/
  other_publications_resources/ esos_national_code/
• DEST ESOS Guide:
  http://www.dest.gov.au/sectors/international_education/publications_resources/
  other_publications_resources/esos_guide/

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What is the purpose of this manual

Non-compliance with the ESOS Act can have serious consequences for the university. A breach of the obligations contained in the ESOS Act will expose the university (including the Chief Executive Officer) to penalty provisions. These provisions range from the imposition of fines, through suspension of courses to cancellation of registration to imprisonment. Non-compliance with the ESOS Act could lead to loss of reputation for the university, which in turn could have major implications for the operations of the university.

This manual has been designed to make the rules and procedures concerning ESOS compliance as clear as possible so that the steps needed to be taken by the responsible work unit - be it a Faculty, Student Administration or Monash International - to ensure ESOS compliance are clear and easy to follow.

This training module is designed to provide information for:

• New staff members unfamiliar with the requirements of the Act and Code
• Existing staff members wanting to refresh their knowledge.

The manual adopts the following format: each section begins with the relevant policy from the act or code, followed by the guideline and then a statement of the obligation and line of responsibility. Checklists and FAQ's are provided in the appendixes.

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Terminology

Arrangements for the administration and support of international students are going through a process of change. Responsibility for a range of 'Monash International' operational areas have been or are being devolved to the university. This includes Marketing, Recruitment, Admissions (who have moved to Marketing and Public Affairs) and Student Support who will move to Client Services within Services and Systems during August 2005.

Where Monash International Pty Ltd is used this refers to the provider responsible for the delivery of Monash College and MUELC courses.

This manual, where administrative arrangements are known, has included the new arrangement. As further changes occur and where needed, this manual will be progressively updated.