Discussion of Standard 4 – Education agents

Introduction
What's new
Obligations and responsibilities
Implications for different sectors
Documents, knowledge and procedures
 Definitions
Assistance and examples
Additional links
Learning Activity
National Code 2007

Introduction

DEST (now DEEWR) Commentary

Education agents are often the first point of contact between the industry and intending students and their parents. Their activities and ethics are important to Australia’s reputation as a desirable destination for students and registered providers have an interest in ensuring education agents act ethically and appropriately.

Registered providers may receive students from education agents acting on behalf of the student or from education agents who are formally engaged by the registered provider to recruit students. Under the National Code, registered providers are only required to have written agreements with education agents who are formally engaged by the registered provider to recruit students on their behalf.

Generic standard applicable to all sectors

What's new

  • It is now mandatory for a provider to have a written agreement with education agents it engages to formally represent it. 'Formally' covers situations where the agent promotes courses of the provider with the intention of recruiting students for the provider.
  • Education agents must have access to up-to-date and accurate marketing materials and information.
  • Further reference document: DEST Comparison Chart (December 2006).

Obligations and responsibilities

  • The provider must take all reasonable measures to ensure that their education agent has appropriate knowledge and understanding of the Australian international education service industry.
  • Education agents must be aware of and comply with the requirements of ESOS and the National Code.
  • Neither the agent nor the provider can give migration advice.
  • The provider is to ensure that the agent acts with integrity and honesty and must terminate the agreement if they become aware of an agent’s, or its subcontractor’s, conduct as outlined in section 4.3.
  • The provider must be prepared to take appropriate corrective and preventative actions regarding an agent if they are negligent, careless, incompetent, dishonest, engage in misleading or unethical advertising or recruiting practices, or practices that will harm the integrity of Australian education and training.
  • The provider must provide accurate and up-to-date marketing information to their agents as required in Standard 1.
  • No agreement can be made with agents:
    • who are, or have been engaged in dishonest practices
    • who knowingly facilitate the enrolment of students who are likely not to comply with visa conditions
    • who misuse PRISMS in creating eCoEs for these students, or
    • who provide unauthorised migration advice.

Implications for different sectors

  • There may be compliance difficulties for providers who are inexperienced in the marketing and recruitment of students and in dealing with agents or lacking in resources. In order to better address matters such as due diligence processes, agent contracts, reporting and monitoring strategies, processes for keeping agents up to date on educational, recruitment and visa-related matters (including professional development), and actions to take in the event of breach of contract (Evaluation of the Education Services for Overseas Students Act 2000, pg 95), inexperienced or under-resourced providers will need to undertake some lateral thinking. Contact with their industries professional body may be a place to look for initial assistance.

List of documents and specific knowledge of institutional and government matters and procedures required for this standard

  • Documents:
    • written agreement between provider and agent that includes the process for monitoring an agent’s activities and termination conditions
    • institutional documents and records that provide evidence of agent selection, training, compliance monitoring, information flows and any actions taken in relation to the agent/provider relationship
    • institutional marketing information that is up-to-date and accurate.
  • Knowledge:
  • Procedures:
    • institutional procedure for monitoring education agents
    • documented process for taking corrective and preventative action in regards to education agents who have been negligent, careless, or incompetent
    • institutional procedure to ensure that Education agents receive up-to-date and accurate marketing information.

Definitions of key words/phrases

  • Education Agent
    - Represents provider (either inside or outside Australia) or acts on behalf of the provider, or claims to do so, in dealing with overseas students or intending overseas students (see also FAQ).
  • Written agreement
    - Sets out the responsibilities of the agent and the provider including the need to comply with the National Code, the process for monitoring an agent’s activities, and any termination conditions.
  • Confirmations of Enrolment (eCoE)
    - A document, often provided electronically, which is issued by the registered provider to intending overseas students which must accompany their application for a student visa. It confirms the overseas student’s eligibility to enroll in the particular course of the registered provider.
  • ESOS Framework
    - See ESOS Framework
  • Migration advice
    - This relates to advice on the most suitable visa, documents needed for submission with an application, help to fill out the application form, submission of the application on behalf of the applicant, communication with DIAC on behalf of the applicant. This can only be done by a migration agent registered with Migration Agents Registration Authority (MARA) to operate within Australia.
  • Corrective and preventative actions
    - These actions may include but are not limited to:
    • not entering into an agreement if the provider has prior knowledge of poor conduct of the agent as outlined in section 4.3,
    • termination of the written agreement if the provider gains knowledge of poor conduct of the agent as outlined in section 4.4,
    • re-training of agent in marketing and recruitment requirements

Where to find assistance and quality practice examples

  • Schools sector - AEI: Getting Started Internationally: Tips for Schools Entering the International Market (see section 3.11 pg 29, section 9.1 pg 87, section 9.7 pg 93). Produced under the AEI’s School Sector Strategy for the year 2001/02. Although prepared in 2001/2002, this publication aims are:
    1) to provide knowledge of acceptable and effective international marketing and operational practices by Australian schools in order to enhance smooth entry by schools into the international market
    2) to ensure that activities by schools which enter the international market are of a high standard and, therefore, are beneficial to the reputation of Australian education.
  • An Education Agent Training Course (EATC) is offered via the AEI website. It is an online competency-based training course.

Additional links

Learning Activity

National Code 2007

Outcome of Standard 4

Registered providers take all reasonable measures to use education agents that have an appropriate knowledge and understanding of the Australian international education industry and do not use education agents who are dishonest or lack integrity.

4.1

The registered provider must enter into a written agreement with each education agent it engages to formally represent it. The agreement must specify the responsibilities of the education agent and the registered provider and the need to comply with the requirements in the National Code. The agreement must also include:

  1. processes for monitoring the activities of the education agent, including where corrective action may be required, and
  2. termination conditions, including providing for termination in the circumstances outlined in Standard 4.4.
4.2

The registered provider must ensure that its education agents have access to up-to-date and accurate marketing information as set out in Standard 1 (Marketing information and practices).
4.3

The registered provider must not accept students from an education agent or enter into an agreement with an education agent if it knows or reasonably suspects the education agent to be:

  1. engaged in, or to have previously been engaged in, dishonest practices, including the deliberate attempt to recruit a student where this clearly conflicts with the obligations of registered providers under Standard 7 (Transfer between registered providers).
  2. facilitating the enrolment of a student who the education agent believes will not comply with the conditions of his or her student visa
  3. using Provider Registration and International Students Management System (PRISMS) to create Confirmations of Enrolment for other than bona fide a student, or
  4. providing immigration advice where not authorised under the Migration Act 1958 to do so.
4.4 Where the registered provider has entered into an agreement with an education agent and subsequently becomes aware of, or reasonably suspects, the engagement by that education agent, or an employee or sub-contractor of that agent, of the conduct set out in Standard 4.3, the registered provider must terminate the agreement with the education agent. This paragraph does not apply where an individual employee or sub-contractor of the education agent was responsible for the conduct set out in Standard 4.3 and the education agent has terminated the relationship with that individual employee or sub-contractor.
4.5 The registered provider must take immediate corrective and preventative action upon the registered provider becoming aware of an education agent being negligent, careless or incompetent or being engaged in false, misleading or unethical advertising and recruitment practices, including practices that could harm the integrity of Australian education and training.

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