Previous NCT – FAQ’s

National Code Tutorial – FAQ

Using the online tutorial

How can I use the online tutorial within my institution?

  •  As additional resource for finding information
  •  As an induction training tool for staff new to international education
  •  As an opportunity to update your, or others’ knowledge
  •  As a professional method of disseminating essential knowledge to staff in other areas of your institution ie. academics, teachers, faculty
  •  As part of a staff professional development program
  •  As a contribution to your professional development portfolio.

I don’t have time to do the whole tutorial. Do I have to do the whole tutorial all at once?

  •  The tutorial is designed so that you can dip in and out when you have time available. You need to remember your last exit point so that you can pick up where you left off. You also do not have to do the tutorial in any particular order.

I only want to do the sections that relate directly to my work.

  •  You can choose a tutorial journey from the selections on the overview page. These have been designed to take you through the standards that relate directly to that area of interaction.
  •  Be aware that if you engage with the tutorial in this manner, you will not have a good overall knowledge and understanding of the National Code requirements. Many standards are interconnected and provide further context for your work. In addition, you will not engage with the total context of the National Code for your professional development.

How can I obtain a Certificate of Completion? How will my institution recognize that I know about the National Code?

  •  While the answers you make to the activities for individual standards will not be retained, you can gain a Certificate of Completion by completing Level 2 – Assessment of your understanding, in the evaluation section which provides an indication of your engagement with the whole National Code content. To successfully obtain this certificate you will need to have a good overall knowledge that can be gained by completing the whole tutorial. This document will be sent to your supplied email address and will form part of your professional development portfolio.

Relevance of the National Code

In the school sector where restrictions are tighter – what relevance is the National Code?

  •  In this instance, the National Code is an ‘umbrella’ type legislation. It sets mandatory minimum standards of operation that is required by law. Your state government department may instigate a much more rigorous approach in the school’s sector because of the circumstances of your students i.e. age, lack of parental guardianship. In essence, while more may be asked of you and your institution when you comply with the tighter requirements set down by your state government department; you will still be complying with the National Code.

Why should my institution interact with the National Code?

  •  The National Code is legally enforceable under the ESOS Act. The National Code sets down the minimum requirements as a set of standards a provider must meet to legally operate within the international education environment. While this does not preclude more extensive overlays that are specific to individual sectors (i.e. the school sector) being imposed by the relevant state authorities, it does mean that if a provider does not comply with the requirements of the National Code, it is a breach of the Act. Consequences of a breach can include cancellation or suspension of the provider’s registration.

Do I need to know all the standards?

  •  While it is not compulsory to understand all the standards and content of the national code, at a minimum, you would need to know those standards that apply directly to your area of work. However, to gain a broad understanding and to relate the total context of the national code to your working environment and interaction with international students, you would be advised to take the time and effort to complete the online tutorial in its totality.

Interpretation of the National Code

Can a provider interpret the National Code within the context of their own practices?

  •  There is very little room for standards in the National Code to be interpreted differently by different providers within the context of their own practices. Providers may choose to have a higher attendance rate minimum; they may chose to have a policy using mentors with the students before their intervention strategy is used. The National Code sets out the minimum requirements but providers are free to set a higher standard.
  •  Standard 11 is the only standard in the National Code where there are sector specific differences.

Who needs to know about the National Code?

  •  Anyone who interacts with international students or their affairs either administratively, supportively or academically i.e. Education agents, teachers and academics, administration staff, marketing and recruitment staff, institutional management, support staff, admissions staff.

If resources are limited, how can we best comply with the National Code?

  •  The use of well constructed procedures, good updated documentation, and a flexible approach will assist you in complying with the national code.

DEST welcomes providers to contact them if they have any queries ore would like to ask for advice.

How does the National Code fit with ESOS?

  •  Part 4 of the ESOS Act provides for the establishment of a National Code which sets out standards for providers for delivery of courses to overseas students. The National Code together with the other provisions of the ESOS Act forms a framework that assures quality and provides consumer protection for students.

Is there an ‘expert’ that I can contact with any questions about interpreting the National Code?

  •  There are a number of places you can find answers if you have any questions about the National Code. It is important to first review your question. If it is a visa concerns you will need to contact the Department of Immigration and Citizenship (DIAC). The Department of Education, Employment and Workplace Relations (formerly DEST) website contains an explanatory guide that gives practical examples of possible scenarios. At the end of each standard explanation you will find direction regarding which government agency is responsible for regulating that particular standard. If you don’t find the answer you are looking for, you can contact DEEWR by email at esosmailbox@dest.gov.au or by phone on 02 6240 7505.

What is Recognition of Prior Learning (RPL)?

  •  Known as Course Credit in Standard 12, it may be granted to students who are able to demonstrate appropriate prior learning or experience. In the interests of ensuring students are fully informed, registered providers are to give students a copy of the course credit for their records. Where course credit is granted, the duration in which the student is expected to complete the course must reflect any consequent reduction in the period of study.

Leave of absence

Deferment of studies

  •  With reference to Standard 13, students may, through formal agreement with their registered provider, be given permission to defer commencement, take a leave of absence or temporarily suspend their studies during the course. Such absences, however, may affect the student’s visa status. The registered provider may also seek to cancel the student’s enrolment.

Release letters

  •  See Standard 7: Registered providers are restricted from enrolling transferring students for the first six months from the commencement of the student’s principal course of study except for the circumstances outlined within the standard. Registered providers, from whom the student is seeking to transfer, are responsible for assessing the student’s request to transfer within this restricted period. It is expected that the student’s request will be granted where the transfer will not be to the detriment of the student.

Programs and procedures

What should I include in my orientation program?

  •  Standard 6 requires that an age and culturally appropriate orientation program should address student support services, information about legal services, emergency and health services, facilities and resources, complaints and appeals procedures and academic progress and attendance visa conditions.
  •  It would also be helpful to supply information about public transport, availability and recognition (or non-recognition) of student cards etc.

Where do I find examples of what I can include in my orientation program?

  •  Examples of what different institutions include in their orientation program are included in the Examples of good practice Quick Guides page (link). As well as addressing the overall requirements of Standard 6, you need to consider the local conditions in which your institutions is situated and make appropriate adjustments to the content to adequately reflect those. Talking to your peers, researching information on specific issues and attending ISANA conferences will also provide many examples which you could adapt to your orientation needs.

If orientation is important why is it not compulsory for students to attend?

  •  Orientation is compulsory at secondary schools and some tertiary institutions are now making orientation compulsory. Students who do not attend orientation put themselves at risk of a poor transition to their new environment. It would be recommended to make orientation a compulsory part of the students starting process.

Where can I find a guideline for a crisis management plan?

  •  ISANA (link) has developed guidelines of what to include in a crisis management plan.

How do I find examples of what is expected?

  •  Refer to the Brief Guides page for a list of examples.
  •  Develop and use and extensive checklists as part of your documentation and procedures.

Expectations

When attendance is an issue what is compulsory and what is not?

  •  In the schools sector, if elements of education include the legitimacy of the experience involved and are seen as contributing to the students’ educational experience such as camps, plays, external excursions and work experience are a compulsory and necessary part of learning, and attendance records are necessary.

Why is attendance an issue even at school sector?

  •  Refer to Standard 10 and Standard 11.
  •  Taking attendance enables providers in vocational, technical education courses, non-award courses, ELICOS and schools courses to be proactive in notifying and counselling students who are at risk of failing to meet academic progress and attendance requirements. These requirements are also tied to the compliance of students with their student visa conditions as stated under Section 19 of the ESOS Act for all students.
  •  Non self-accrediting providers i.e. schools and tafes have to keep attendance records for each unit of the enrolled course.
  •  Non self-accrediting providers i.e. schools have to keep attendance records for each unit of the enrolled course. However if providers of vocational education and training courses choose to implement the DEEWR and DIAC approved course progress policy and procedures, they are not required to monitor attendance.

What distinguishes an Education agent from a Migration agent?

  •  • A Migration agent can do the following:
    •  – Advise on the most suitable visa
    •  – Advise on the documents needed to submit with an application
    •  – Provide help to fill out the application form
    •  – Submit the application on behalf of the applicant
    •  – Communicate with the DIAC on behalf of the applicant
    •  – Must be registered with MARA to operate within Australia.
  •  • An Education agent
    •  – Operates as a Student Recruitment agent
    •  – Is appointed by an institution to recruit international students on their behalf
    •  – The agent usually charges a commission as a percentage of the student’s expected tuition fee to the institution
    •  – The agent often acts as an intermediary between the institution and the potential student and their family
    •  – Agents may assist students to complete their enrolment, passport and visa applications and answer the many questions that students and parents have about studying in Australia.

How do you monitor agents effectively?

Why should we register on CRICOS?

  •  For further information see Part C of the National Code.
  •  Registration is for a particular course for a particular state. It involves an application to the state’s designated authority (see Definitions page) who undertake a range of checks, including that the requirements of the national code are fulfilled and that a provider is ‘fit and proper’ to be registered. On the recommendation of the designated authority, DEEWR registers the provider in accordance with and subject to section 9(2) of the ESOS Act.

International students cannot enrol in a course that has not been registered on CRICOS.

Penalties

What are the penalties and sanctions that can be applied? How do they apply? At what point are they administered?

  •  There is a range of action that may be taken against any providers who are found to have breached the ESOS Act. Sanctions may be to impose conditions on the provider, suspend or cancel their registration. Prosecution may be undertaken by the Commonwealth, which could result in fines and/or imprisonment. The provider would be given the opportunity to respond to requests to meet ESOS requirements before any of the action above is required. Action to initiate the imposition of the sanction on a provider who is breaching the Nation Code

What is the difference between DEEWR and DIAC? And how do we know when to contact the right department?

  •  DEEWR (formerly DEST) is the Department of Education, Employment and Workplace Relations and their role is to regulate the ESOS Act. They work with other government and non government agencies to make sure that Australia’s reputation as a destination for international students is maintained. DEEWR conduct visits to education providers to assess their continued compliance with the ESOS Act. DEEWR will respond to complaints or allegations made against a provider and either investigate or refer it to an appropriate agency to investigate if necessary. DEEWR provides ESOS compliance advice to providers and students to assist the happy and successful completion of study in Australia.
  •  The Department of Immigration and Citizenship (DIAC) have the responsibility for issuing visas. The ESOS Act only protects people who hold or intend to hold an international student visa. To be compliant ESOS Act, providers must notify DIAC whenever a student breaches their visa conditions. This may result in the visa being cancelled.
  •  Sometimes it is difficult to know which agency to contact, but there are some questions to ask yourself first. Is you query about visas? If it is, you need to contact DIAC. If your query is about ESOS, you need to contact DEEWR.
  •  If students are now considered to be consumers, how liable are individual staff members for getting it wrong?
  •  The Commonwealth does not hold individual staff members liable for breaches of the ESOS Act. As consumers, international students arrive in Australia expecting to receive high quality tuition. They have access complaints and appeals processes and have rights under Australia’s consumer protection law. The ESOS Act requires providers to have suitably qualified staff and appropriate resources to receive the tuition they have paid for. DEEWR assess this as part of the ongoing monitoring of providers. The provider has responsibility to ensure they are compliant in all areas of the ESOS Act.

How do we identify at risk students? What if we get it wrong?

  •  Through the National Code (see particularly Standards 9, 10 and 11), your institution is expected to develop and implement policies and procedures that will include processes by which to identify and assist students at risk.
  •  • There are a number of consequences if you fail to identify students who are at risk:
    •  The first concern would be that the provider has failed to give the student the maximum opportunity to learn. If a student has failed to meet their academic or attendance requirement, the provider would be obliged send an notice of intent to report them to DIAC. This is a breach of the visa conditions. The student would be given 20 days to appeal this notice and would then be sent a Section 20 notice, advising them to report to the closest DIAC office within 28 days.
    •  The provider may not notice that they have failed to identify students at risk. DEEWR may then pick this up at a compliance visit and this would be noted as a Beach of the ESOS Act.

See ESOS Penalties for further information.