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International Students on Student Visas compliance with the ESOS Act Policy

1. Purpose

This policy is to ensure 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.


2. Scope

International students on Student Visas studying at the Canberra Institute of Technology.


3. Principles

3.1 All activity related to the provision of services to international students will be in line with the ESOS Act and related codes.

3.2 CIT will monitor attendance of students studying English Language programs and the ACT Year 12 Certificate as per principle 3.3.

3.3 Unsatisfactory attendance is defined as a student attending less than 80 percent of the schedule program contact hours in an English program or the ACT Year 12 Certificate program. CIT may decide not to report the student for breaching the 80 percent attendance requirements where:

  1. the student produces documentary evidence clearly demonstrating that compassionate and compelling circumstances apply;
  2. CIT has confirmed that the student has attended at least 70 percent of the scheduled program contact hours for the program in which the student is enrolled.

3.4 For all other international students on student visas, CIT will monitor academic progress.

3.5 Unsatisfactory progress is defined as not successfully completing or demonstrating competency in more than 50 percent of the program 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 program requirements for the purposes of this policy are measured in terms of subject/competencies that are expected to be completed within a study period. A study period would be a semester (2 terms) or the course duration (if less than a semester) for mainstream programs or 10 weeks for English programs. The following exceptions apply:

  1. five weeks for English program where the student has failed the level. The student enrols for an additional five weeks).

3.6 Any student who is not making satisfactory program progress will have access to an intervention strategy. The strategy is described in the procedure under program progress monitoring.

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

3.8 The expected duration of study for each student must not exceed the CRICOS registered program duration, except in compassionate and compelling circumstances.

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

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

3.11 The contact details for all students are reviewed on a six-monthly basis.

3.12 All updates to ESOS requirements will be emailed to students.

3.13 A student's request for deferral of enrolment may only be granted based on compassionate or compelling circumstances.

3.14 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.

3.15 International students on student visas must only be enrolled in programs registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). The information that is provided in the letter of offer is required by the Australian Government Department of Education and Training and the Australian Government Department of Home Affairs as evidence of enrolment in a program registered on CRICOS.

3.16 All CIT's CRICOS registered programs must meet the delivery requirements as per the CRICOS registration for the program.

3.17 If an application to study at CIT is sent by an Education Agent on the student's behalf, the Education Agent must have a contract with CIT Solutions Pty Ltd to act on CIT's behalf.

3.18 CIT reserves the right to provide to the Australian Government the student's personal contact details, course enrolment details and any changes and circumstances of any suspected breach of the student's student visa conditions.


4. Documentation

Canberra Institute of Technology Act

Education Services for Overseas Students Regulations 2001

National Code of Practice for Providers of Education and Training to Overseas Students (The National Code)

Human Rights Act 2004

Australian Standard Classification of Education (ASCED) 2001

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 Programs (internal access only)

International Students Guide Head of Department (internal access only)

International Students Guide College Director (internal access only)

CIT Policies on CIT Website

Unsatisfactory Student Behaviour Policy

International Students Non-academic Grievances and Complaints Policy

Complaints Policy – Students and Community Members

Skills Recognition Policy


5. Definitions

All terminology used in this policy is consistent with definitions in the CIT Policy Glossary.


6. Policy Contact Officer

For more information about this policy contact the Lead, International Student Operations.

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


7. Procedures

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


POLICY INFORMATION
Policy No: 2017/503
Approved: May 2019
Next Review: May 2020
Category: Student Policies, Training Policies
Policy Owner: Executive Director, Education & Training Services
PROCEDURES/DOWNLOADS
International Students on Student Visas compliance with the ESOS Act Procedures
(PDF File 780.7 KB)

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