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Offshore issues

A. Policy

The ESOS Act regulates the delivery of courses in Australia for the holders of student visa. At the same time, as noted in the ESOS evaluation report 'this segment of the market is rapidly growing. There are considerable attractions for students to commence study offshore and complete in Australia'.

Further, 'There is presently no national or State legislation explicitly addressing quality assurance, consumer protection and risk management in offshore education and training. The primary regulatory frameworks in each sector largely assume the education or training is occurring in the physical and cultural contexts of Australia under the direct supervision of the provider'. (ESOS Evaluation Report, 5.4.1)

The ESOS evaluation report noted the close inter-connection between onshore and offshore delivery. The twinning model, which began in the 1980s, has gained new popularity in recent years with a growing number of programmes where students commence studying offshore and complete their course (or move into a more advanced one) onshore.

Examples were given to the evaluation where offshore partners and agents have promised students articulation from their offshore study into programmes in Australia but the students have subsequently found their entry levels insufficient for the programme they were promised.' (ESOS Evaluation Report, 5.4.1)

B. Guidelines

Although the regulatory arm of ESOS does not extend to offshore delivery, it does extend to matters such as information provided to prospective onshore students and imposes a responsibility on providers for the actions of their agents and associates.

Offshore activity in the marketing and recruitment of students that leads or may lead to the enrolment of a student onshore does fall within the auspice of ESOS.

See Marketing and Promotion and Recruitment sections for guidelines concerning offshore activity impacting on onshore delivery.

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