ESOS National Code Information for Students and Staff

The following information is a summary of the relevant sections of the ESOS National Code of Practice. 

The National Code has four sections:

Part A

 Framework - explains the purpose of the legislation

Part B

 Government Roles and Responsibility

Part C

 Registration on CRICOS - explains the requirements for provider registration and course registration.  Only CRICOS registered providers can recruit overseas students to study in Australia and only in courses that are registered.  CRICOS registration is important for consumer protection as well as visa and migration regulation purposes.

Part D

 Standards for Registered Provider - all CRICOS registered providers must comply with these 15 Standards.  These Standards represent the provisions in the National Code that are of most relevance to UWS staff and students.  It covers four themes and its content is summarised below.

 

1. Marketing, Recruitment, Enrolment

Standard 1 - Marketing Information and Practices

  • Marketing materials must be professional and ethical
  • The registered providers name and CRICOS provider code are easily found on all material used to market the provider and its courses to students
  • The information or advice given to students is not false or misleading
  • The information provided enables overseas students to make informed decisions about their studies in Australia

Standard 2 - Student Engagement before Enrolment

Prospective students must be informed of the following aspects of studying at UWS:

Standard 3 - Formalisation of Enrolment

The Australian Government requires that education institutions and students enter into a written agreement before the payment of tuition fees in order to protect students.

Educational institutions must have a written agreement with each overseas student, setting out the services to all students and specific services for international students as well as fees and information relating to refunds.  The UWS written agreement is called the International Offer Pack.  Students are required to sign it before they are issued a Confirmation of Enrolment to commence their visa application.  It is important for students to read and understand the details of the offer pack, including refund arrangement, before they sign the agreement.

For further details on refunds, please refer to the UWS Enrolment Policy (Refunding of Tuition Fees - Overseas Students) and the UWS International Student Fees and Refund Agreement in the International Offer Pack, covering international students.

The Commonwealth Government's ESOS website also has an easy guide to refunds.

Standard 4 - Education Agents

The written agreement between UWS and its agents cover:

  • The education agent's responsibilities
  • The need to comply with the National Code 2007
  • The process for monitoring the education agent's activities
  • The termination conditions

Standard 5 - Younger Overseas Students

This standard provides detailed compliance requirements for providers who accept students younger than 18 years of age. UWS accepts such students only if they make their own welfare arrangements for the period up to their 18th birthday. UWS is unable to provide welfare guarantees for underage students.

Amended student visa conditions require students to wait until welfare arrangements commence before travelling to Australia.  Students under the age of 18 who are lodging a further visa application in Australia must demonstrate that they have welfare arrangements in place at the time they lodge their application.

Important - Under 18 students in Australia applying to study at UWS must ensure that they arrange adequate welfare arrangements before lodging their visa application.

Standard 12 - Course Credit

Students can apply for course credit (Advanced Standing) before or after commencement. In either case the length of the student visa will be affected if the credit granted reduces the time needed to complete the degree.

  • If you apply before the student visa is granted - the UWS Confirmation of Enrolment will indicate the remaining course length after the credit is granted; or
  • If you apply after the student visa is granted - UWS will inform you of the credit granted and impact on your visa duration. You will need to accept the credit in writing before it is applied to your student records.  If the academic credit granted reduces your expected course length, a new Confirmation of Enrolment will be issued. You will need to inform the Department of Immigration and Citizenship of your new Confirmation of Enrolment because it will reduce the length of your visa closer to the new expected completion date. 

2. Quality, Teaching and Student Services

Standard 6 - Student Support Services

UWS has made the required documents and information available:

  • Information on support services including legal, emergency and health services
  • Material about facilities on campuses
  • Document on the complaints and appeals process

Standard 14 - Staff Capability, Educational Resources and Premises

3. Monitoring and Reporting

Standard 9 - Completion within Expected Duration

The National Code 2007 offers greater flexibility regarding a student course load and mode of study but it requires that providers have documented policies and procedures for monitoring the course load of each student to ensure they complete the course within the expected duration shown on the current Confirmation of Enrolment (CoE). 

The UWS International Student Intervention Strategy monitors students' progress through their programs. UWS will notify students whose:

  • Academic progress; or
  • Study load

is inadequate for achieving course completion within the current Confirmation of Enrolment period.

Students will need to follow the University's instructions which are recorded on students' file as mandated by legislation. The University will be able to issue a new CoE to extend a student visa only if such instructions have been followed by a student.

The University will issue a new CoE when it becomes clear that a study program will not be completed within the current CoE period. A new CoE can be issued only for the following reasons:

  • as the result of implementation of the intervention strategy;
  • compassionate reasons;
  • compelling circumstances;
  • suspension of study; and
  • deferment of study.

Standard 10 - Monitoring Course Progress

A provider's course progress policy includes:

  • requirements for achieving satisfactory course progress - students must pass more than 50% of unit attempts in every compulsory study session;
  • process for assessing satisfactory course progress - please see the definitions of unsatisfactory progression;
  • procedure for intervening for students at risk of failing to achieve satisfactory course progress - consult the UWS Intervention Strategy (under development);
  • process for determining the point at which the student has failed to meet satisfactory course progress; and
  • procedure for notifying students that they have failed to meet satisfactory course progress requirements - UWS uses scholar email, the official channel of communication with students.

Please consult the full Progression and Unsatisfactory Academic Progress Policy and its associated documents for details.

Standard 11 - Monitoring Attendance

Attendance is the one Standard which is sector specific.  Higher Education providers like UWS are not required to monitor attendance. However, some units do have mandatory attendance requirements for passing the unit.  Check with unit coordinators for requirements.

Reporting Unsatisfactory Course Progress

Students who are excluded from the University because of unsatisfactory academic progress can lodge a written appeal within 20 working days of the notice that informs them of the University's intention to exclude and report them to the Department of Immigration and Citizenship.

If no appeal is lodged, the University will issue a Section 20 Notice. This notice is mailed to the student's current address. Please note that  it is the student's responsibility, under current visa rules, to notify the University of any change in contact details such as address and phone numbers, within 7 days.

As the Section 20 Notice states, students need to attend a Department of Immigration and Citizenship office within 28 days of the Section 20 Notice being issued or their visa will be automatically cancelled.

The Department of Immigration and Citizenship no longer makes an assessment of compassionate or compelling circumstances that have led to a breach of attendance. Such assessments are made by providers as part of their documented policies and procedures.

Once a Section 20 Notice is issued by the University, the student is taken to be in breach of their visa conditions. The Department of Immigrations and Citizenship will not be able to consider compassionate or compelling circumstances and will cancel the visa unless the student can demonstrate that:

  • the wrong student was reported;
  • the Section 20 Notice was defective; or
  • exceptional circumstances that fall within a narrow definition under the migration regulations.

Standard 13 - Deferment, Suspension or Cancellation of Study during Enrolment

Overseas students need to contact your campus International Student Advisor to discuss any break in their studies. Breaks initiated by the student and approved by the University are called leave of Absence (LoA). It is granted for compassionate or compelling circumstances which may include:

  • serious illness;
  • death of a close family member; or
  • a natural disaster in the students home country.

Please see further information about applying for leave of absence on the Leave of Absence Application Form.

The process obtaining approved Leave of Absence involves:

  1. written application;
  2. advice to the student prior to enrolment, are made available via the UWS website (special rules apply to Research students), at the compulsory Orientation Sessions and in the Offer Pack;
  3. information about the University's complaints and appeals process;
  4. written notice of approval granted, including advice on impact on student visa; and
  5. reporting of Leave of Absence Department of Immigration and Citizenship through PRISMS.

Suspension or deferral initiated by the University involve the above steps 2 - 5.

The Impact of Suspension/Deferral on the Student Visa Programme

  • If deferral/suspension period is more than 28 days - the student must leave Australia unless there are compassionate and compelling circumstances that require the student to remain onshore.
  • If deferral/suspension is more that 6 months - the student visa will be subject to cancellation.

The University is required to report suspension/deferral using the electronic Confirmation of Enrolment facility (PRISMS), giving details of:

  • reasons for deferral/suspension;
  • length of deferral/suspension; and
  • information on evidence provided, such as medical certificates.

Suspension and deferrals should normally be agreed to in advance of the suspension or deferral period. The University will not authorise deferrals or suspensions retrospectively.

4. Administration

Standard 7 - Transfer between Registered Providers

Overseas students who wish to study at another education provider need to request, in writing, a release letter if the transfer is less that 6 months after commencing at UWS.  The new provider will not be able to enrol a student without a UWS Release Letter. 

After studying for at least 6 months at UWS, international sudents do not need to obtain a release letter.  Instead, the Resignation Form must be used to formally end enrolment at UWS.

Please note that the UWS International Fee and Refund Agreement will determine how any refunds are calculated.

Please note that UWS does not automatically release overseas students. If UWS refuses to issue a release letter, it will give the student written reasons for refusal and information on appeals process.

Students wishing to transfer to UWS within less than 6 months with their other provider, will have to follow the same process, that is, obtain a Release Letter from their current school, college or university.

For detailed explanation and procedures, refer to Transferring between Education Providers and Information for Student Visa holding international students.

Standard 8 - Complaints and Appeals

Complaints and Appeals

The University has a dedicated Complaints Management and Resolution Unit.

Academic appeals at unit level are handled by the Schools and Colleges.  Academic progression sanctions - conditional enrolment and exclusion - can be appealed with a submission to the Senate Appeals Committee.  Please see the Progression Appeal Process for details.

Refunds

The written agreement which forms part of the Offer Pack provides information in relation to refunds of course money.

Under Standard 3.2 (c) a plain English explanation of what happens in the event of a course not being delivered is now a requirement.

Standard 15 - Changes to Registered Providers Ownership or Management

Like all public universities in Australia, UWS is a statutory body established and incorporated by the Parliament for the State in which it is located (NSW).  Most of its public funding is provided by the Commonwealth Government of Australia.