International Students on Student Visas Policy

1. Purpose

This policy is to ensure the Canberra Institute of Technology’s (CIT) compliance with the Education Services for Overseas Students (ESOS) Framework which includes the Education Services for Overseas Student Act 2000 (ESOS Act) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (The National Code). These laws have been developed by the Australian Government to ensure overseas students in Australia have a safe, enjoyable and rewarding place to study. Australia's laws promote quality education and consumer protection for overseas students.

This policy is to be read in conjunction with International Students on Student Visas: Release from studies, Course Progression, Suspension, Deferral and Cancellation Procedures.

2. Scope

Where this policy refers to:

• CIT, it includes CIT Solutions (CITSol)
• students, it applies to international students on student visas only.

This policy applies to:

• international students on Student Visas studying at CIT
• staff involved in design and delivery of training and assessment for international students on student visas.

3. Principles

All activity related to the provision of services to international students will comply with the ESOS Act and related codes.

CIT’s CRICOS programs will comply with CRICOS registration requirements (refer to the Amendment to Scope of Registration policy and procedure).

International students on student visas will only be enrolled in training products registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). The letter of offer will stipulate information required by the Commonwealth departments of Education and Home Affairs as evidence of enrolment in a CRICOS registered course.

If an application to study at CIT is provided by an Education Agent on behalf of a prospective student, the Education Agent must have a contract with CIT Solutions Pty Ltd to act as a representative of CIT.

The International Services Unit (ISU) will:

• review all relevant students’ contact details every six months
• email ESOS updates and requirements to students, as required
• email updated policies and procedures to students, as required.

CIT reserves the right to provide students’ personal contact details, course enrolment details and any changes, and information about any suspected breach of student visa conditions to the Commonwealth.

3.1 International student support services

3.1.1 International Student Orientation

CIT will support international students to adjust to study and life in Australia by providing advice and access to an age and culturally appropriate orientation program that provides information about:

• support services available to assist international students to help them adjust to study and life in Australia
• English language and study assistance programs
• relevant legal services
• emergency and health services
• CIT’s facilities and resources
• complaints and appeals processes as outlined in Standard 10 of the ESOS Act (complaints and appeals)
• requirements for course attendance and progress, as appropriate
• the support services available to assist students with general or personal circumstances that are adversely affecting their education in Australia
• services that provide information on their employment rights and conditions, and how to resolve workplace issues, such as through the Fair Work Ombudsman.

All referrals to these services are available at no additional cost to students.

3.1.2 Support Services

Students will have access to CIT’s support services at no additional cost to the student. Each Department must allocate a Pastoral Care Officer available as the official point of contact for students.

All CIT staff members who interact directly with students must be aware of CIT’s obligations under the ESOS Act and the potential implications for students arising from exercising these obligations. Refer to CIT’s Student Support policy and procedures for more information on available services.

Critical incidents will be handled in accordance with CIT’s Business Continuity Plan. The ISU is required to keep a written record of each critical incident and the remedial actions taken by CIT for a minimum of two years after the international student is no longer an accepted student.

3.2 International student visa requirements

3.2.1 Monitoring academic progress

CIT will monitor and report unsatisfactory academic progress for all students studying at CIT.

Unsatisfactory academic progress is defined as not successfully completing or demonstrating competency in more than 50 percent of the course requirements in a study period (the term 'study period' for academic progress may differ to the term 'study period' used on the Letter of Offer). The course requirements for the purposes of this policy are measured in terms of units/subjects that are expected to be completed within a study period. A study period is:

• a semester (two terms) or the course duration (if less than a semester) for VET qualifications
• English courses - 10 weeks or five weeks where the student has failed the level (the extension period for English courses is five weeks).

Any student who is not making satisfactory academic progress will have access to an intervention strategy. The strategy is described in the procedure under monitoring academic progress. Refer to the Student Progression policy and procedure for information on the early intervention process for international students.

3.2.2 Monitoring attendance

Departments will monitor international students on student visas' attendance and counsel students who have missed two consecutive classes for mainstream courses or two consecutive days for English courses.

CIT will monitor and report unsatisfactory attendance of students studying English Language courses and the ACT Senior Secondary Certificate (post-school option).

Unsatisfactory attendance is defined as a student attending less than 80 percent of the scheduled course contact hours in an English course or less than 90 percent of the scheduled course contact hours in the ACT Senior Secondary Certificate (post-school option). For students studying English courses, CIT may decide not to report the student for breaching the 80 percent attendance requirements where:

• the student produces documentary evidence clearly demonstrating that compassionate and compelling circumstances apply, or
• CIT has confirmed that the student has attended at least 70 percent of the scheduled course contact hours for the course in which the student is enrolled.

3.2.3 Completion within the expected duration

The expected duration of study for each student must not exceed the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) registered course duration, except in compassionate and compelling circumstances.

3.2.4 Course Credit

If a student is granted credit, in accordance with the Credit Transfer Policy, the student must accept the decision in writing. Changes to the duration of a student's study path must be reported via PRISMS.

3.3 International student transfers

Transfers between registered providers must comply with the National Code. Transfers will be dealt with in accordance with the Human Rights Act 2004.

3.4 Course suspension, deferral or cancellation of enrolment

A student's request to defer enrolment will only be granted based on compassionate or compelling circumstances.

A student's enrolment may be cancelled by CIT in the following circumstances:

1. unsatisfactory student behaviour
2. identified as a non-genuine student
3. non-payment of tuition fees
4. non-commencement of studies
5. not returning to studies
6. extenuating circumstances relating to the welfare of the student.

3.5 Responsibilities

3.5.1 International Services Unit (ISU)

• Coordinate and deliver the International Student Orientation.
• Monitor students against the international student visa requirements and report any breaches via PRISMS when required.
• Refer students to appropriate CIT and external services as required.
• Ensure admission of student visa holders into CRICOS programs.
• Recruit and monitor the performance of Education Agent Partners.
• Distribute the following to information to students as required:
  • updates to the ESOS requirements when applicable
  • credit transfer outcomes
  • coordinating the intervention process
  • notifying students at risk of visa requirements and implications.
• Assessing the following requests:
  • transfer between registered providers
  • deferral of studies
  • compassionate and compelling circumstances

3.5.2 College Directors

College directors ensure processes for all Departments within the College meet the ESOS Act, the National Code and CRICOS requirements for relevant course development and delivery of training and assessment.

3.5.3 Heads of Department

Heads of Department ensure Department processes meet the ESOS Act, the National Code and CRICOS requirements for relevant course development and delivery of training and assessment.

3.5.4 Pastoral Care Officers

Pastoral care officers support Department staff to ensure all processes meet the ESOS Act, the National Code and CRICOS requirements for relevant course development and delivery of training and assessment.

3.5.5 Educators

• Review academic progression of international students by implementing the Student Progression policy and procedure.
• Create the Student Progression and Completion Plans with the student and provide the plan to the Pastoral Care Officer.

4. Documentation

4.1 Related Legislation/Regulation

• CIT Act 1987
• Education Services for Overseas Students (ESOS) Act 2000
• National Code of Practice for Providers of Education and Training to Overseas Students (The National Code) 2018
• Standards for Registered Training Organisations 2015
• Human Rights Act 2004
• Australian Standard Classification of Education (ASCED) 2001

4.2 Related Policy and Procedures

• International Students Administration and Fees Policy
• International Students Administration and Fees - Administration Procedure
• International Students Administration and Fees – Fee procedure
• International Administration and Fees Policy – Quality assurance procedure.
• International students on student visas compliance with the ESOS Act – Release from studies procedure
• International students on student visas compliance with the ESOS Act – Course progression procedure
• International students on student visas compliance with the ESOS Act – Course deferral, suspension or cancellation procedure
• Amendment to Scope of Registration Policy and Procedure
• Attendance Policy
• Admissions and Enrolment Policy and Procedure
• Fees and Refunds Policy
• Student and Community Members Complaint Policy
• Managing Third party Arrangements Policy and Procedure
• Academic Integrity and Misconduct Policy
• Assessment Policy
• Student Conduct Policy
• Student Progress Policy
• Student Support Policy

4.3 Related Documents

• International student request form
• Visa Requirements – Academic progress form
• Visa Requirements – Attendance form
• Student Progression and Completion Plan
• CML International student notification form – English studies
• Student Support Guides on SIS (internal access only)
• International Student Guide Teacher (internal access only)
• International Student Guide ELC and Year 12 Pastoral Care Officer (internal access only)
• International Students Guide ELC and Year 12 Teacher (internal access only)
• International Students Guide Pastoral Care Officer Mainstream Courses (internal access only)
• International Students Guide Head of Department (internal access only)
• International Students Guide College Director (internal access only)

5. Definitions

All terminology used in this policy is consistent with definitions in the CIT Definitions of Terms. The following definitions are provided in the context of this policy.

6. Policy Contact Officer

For more information about this policy contact the Senior Manager, International Services Unit.

Contact CIT Student Services on (02) 6207 3188 or email infoline@cit.edu.au for further information.

7. Procedures

This policy is implemented through the associated procedures. Authority to make changes to the procedures rests with the policy owner.