Discussion of Standard 5 – Younger overseas students
Introduction
What's new
Obligations and responsibilities
Implications for different sectors
Documents, knowledge and procedures
Definitions
Assistance and examples
Learning Activity
National Code 2007
DEST (now DEEWR) Commentary
Where a student is under 18 years of age, the Australian Government must be satisfied that there are appropriate accommodation, support and general welfare arrangements in place for the period that the student will be under 18 while in Australia before a visa can be granted. Where a registered provider agrees to take on responsibility for approving these arrangements, the registered provider must nominate the period for which it takes on the responsibility under Standard 5. The period nominated should include sufficient time after the enrolment period for the student to arrange to leave Australia, or make other appropriate arrangements. Otherwise, the Department of Immigration and Citizenship (DIAC) may not grant the student a visa.
Generic standard applicable to all sectors
- Specific, stated requirements as per DIAC requirements.
- Providers of education to students under 18, and who are responsible for approving the students’ accommodation, support and general welfare arrangements, whether they are providers of packages or not, nominate the dates for which they will be responsible for approving the welfare arrangements of these students under DIAC requirements using the specified PRISMS pro forma letter. The minimum time for which the provider may approve arrangements is for the length of the CoE plus 7 days.
- Further reference document: DEST
Comparison Chart
(December 2006).
Obligations and responsibilities
Providers must:
- actively engage in pastoral care of U18 students (support, welfare and accommodation) for those students without a parent, guardian or suitable nominated relative to care for them
- approve appropriate care arrangements - providers may choose to assist with homestay etc. or make recommendations but they are not obliged to assist U18 students to locate appropriate accommodation
- if required, nominate dates for responsibility of care arrangements of U18 students
- operate with documented procedures for the above points
- advise DIAC of changes to the above via PRISMS mechanisms
- in the event of a student studying with a visa that covers multiple courses, the most current provider is responsible for the student as per section 5.1
- remain responsible for the student after termination, suspension or cancellation of enrolment until the student has moved to another provider, or leaves Australia or other suitable arrangements are made.
Implications for different sectors
- If a provider responsible for approving a student's accommodation and general welfare chooses to only nominate dates for the minimum period required (ie eCoE course end date plus seven days), the student may be required to leave Australia for the period between completing one course of study and starting another. For example, completing a foundation year and starting a university course.
List of documents and specific knowledge of institutional and government matters and procedures required for this standard
- Documents:
- PRISMS pro forma document Confirmation of Appropriate Accommodation and Welfare (CAAW) letter.
- Knowledge:
- DIAC’s Student Visa condition 8532 and Public Interest Criteria 4012A
- understanding that the provider has full responsibility for the welfare of the student for the entire length of the nominated period and what that period is.
- Procedures:
- institutional procedure for approving the suitability of a student’s support, welfare and accommodation arrangements
- institutional procedure for nominating dates via PRISMS (CAAW letter) for when the provider will take responsibility for the student
- institutional procedure to follow a student’s support, welfare and accommodation arrangements in the event of the provider terminating, suspending or cancelling a student’s enrolment until another provider takes over responsibility or the student leaves Australia, or other suitable arrangements are made
- procedure to effect appropriate communication with other providers as to dates of transfer of the responsibility of a student’s support, welfare and accommodation arrangements
- institutional procedure for informing DIAC:
- of approved arrangements
- dates when a provider has responsibility for a student’s support, welfare and accommodation arrangements
- changes to the approved living arrangements of a student, and
- when a provider is no longer responsible for the student.
Definitions of key words/phrases
- DA: designated authority
- The person responsible under the law of the State for approving providers to provide courses to overseas students in the State. See AQF Register of Recognised Education Institutions & Authorised Accreditation Authorities in Australia. - PRISMS: Provider Registration and International
Students Management System
- Stores information about registered providers and courses which is publicly available through the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). PRISMS is the approved form for reporting information under s19 of the ESOS Act 2000. - Visa condition 8532
- Student must maintain accommodation, support and general welfare arrangements that have been approved by their education provider if they: have not turned 18, are not an AusAID student or a Defence student, and are not staying in Australia with: a parent, a custodian, or a relative who has been nominated by their parent or a custodian, who is aged at least 21 and is of good character. Note: Student must not change those arrangements without the written approval of their education provider.
- See Schedule 8 of the Migration Regulations and Public Interest
Criterion 4012A in Schedule 4 of the Migration Regulations
- See Schedule 8 of the Migration Regulations and Public Interest
Criterion 4012A in Schedule 4 of the Migration Regulations
- Multiple or packaged courses
- Where a student visa has been granted for two or more courses where the first course is a prerequisite to the second course and where entry to the second course is dependant on the academic results achieved in the first course.
Where to find assistance and quality practice examples
- Methodist Ladies College Melbourne has a detailed pdf outlining the
responsibilities
of student guardians
. However, be aware that this information is relevant prior to July
2007 and may undergo some alteration.
- Note: The following example does not yet include information about
'nominated dates'. For information for younger students about the university's
responsibility in signing the Confirmation of Appropriate Care and Welfare
(CAAW), and student obligations see the University of NSW for an example
of their fact
sheet detailing
these matters.
- Examples of Homestay materials that are student focused and objective
is difficult to find, however, some good examples are:
- Monash College for a comprehensive homestay application form
to assist in appropriate student placement.
- Queensland University of Technology has an easily searched link to homestay information , including
visa obligations, guardianship, and child protection legislation.
Learning Activity
National Code 2007
Outcome of Standard 5
Where students under the age of 18 are not being cared for in Australia by a parent or suitable nominated relative, registered providers ensure the arrangements made to protect the personal safety and social well-being of those students are appropriate.
| 5.1 | Where the registered provider has taken on responsibility under the Migration Regulations for approving the accommodation, support and general welfare arrangements for a student who has not turned 18, the registered provider must:
|
| 5.2 | Where Standard 5.1 applies and the student is under 18 with a student visa that covers multiple courses, the registered provider with whom the student is currently enrolled is responsible for approving arrangements for the student’s accommodation, support and general welfare during that nominated period. |
| 5.3 | Where Standard 5.1 applies and the registered provider terminates, suspends or cancels the enrolment of the student, the registered provider must continue to check the suitability of arrangements for that student until:
|
