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ESOS Compliance Statement


The Aviation Study Centre
is dedicated to the provision of excellent international education services and a culture of on-going ireflection and improvement. Our team is trained to understand the rigid requirements and responsibilities placed on Australian education providers by the Australian government under ESOS legislation and to support our education provider partners in delivering their educational programmes in a manner that best responds to these expectations.

We address the following items with particular care and attention:

Agent Representation

Agents, in representing an Australian education provider, MUST do the following:
· market Australian education and training services honestly; and
· provide accurate information to students.
They MUST NOT do the following:
· make false or misleading comparisons with any other provider or their courses;
· make any inaccurate claims of association with any other provider or organisation;
· give inaccurate/dishonest advice as to acceptance into another course;
· hold out the promise of permanent residence in Australia following study, or
    suggest fraudulent means of achieving residence such as sham marriages;
· suggest to students that they can come to Australia on a student visa with a primary purpose other than full-time study;
· help applicants who intend to come to Australia on a student visa intending to breach the conditions of their visa;
· engage in false or misleading advertising or recruitment practices; or
· use PRISMS to create eCoEs for applicants who will not be bona fide (genuine) students.


A provider using an agent must ensure that anyone who acts on their behalf complies with the National Code requirements relating to marketing and student information (refer to the National Code paragraphs 19-25) and student recruitment and placement (refer to the National Code paragraphs 26-30).
Under the National Code, a provider can be held accountable for the actions of its agents in regard to marketing of its courses, and the recruitment and placement of overseas students.
Under paragraph 49 of the National Code, a provider must not accept, or continue to accept, overseas students recruited by an agent, or authorise an agent to use PRISMS on their behalf, if they know, or reasonably suspect the agent to be engaged in any of the practices referred to in the dot points above.

Marketing and Student Information

19. The provider must ensure that marketing of its education and training services is carried out with integrity and accuracy. It must uphold the reputation of Australian international education and training. No false or misleading comparisons shall be drawn with any other provider or their courses. The provider must not make any inaccurate claims of association with any other provider or organisation, or give inaccurate advice as to acceptance into another course.
20. Where another person or business provides a course under an arrangement with a registered provider, they may only advertise the provision of that course with the express permission of the registered provider, and must identify the registered provider and their CRICOS provider number. (S107 of the ESOS Act 2000 requires written materials to identify the registered provider and their CRICOS number.)
21. The registered provider must not accept an overseas student, or an intending overseas student, for enrolment in a course if the registered provider has not given to the student:
21.1 The following information about the course:
i. a general description of the content;
ii. the qualification or accreditation gained on completion;
iii. the duration;
iv. the teaching methods used (including any field trip or work experience requirements);
v. the assessment methods used;
vi. if another provider is also involved in providing the course, that fact and the location of course delivery by that provider;
vii. details of any arrangements with other providers for recognition of the course or completed components of the course; and
21.2 A general description of:
i. the facilities (for example classrooms, furniture, fittings);
ii. the equipment (for example audio-visual teaching aids);
iii. the learning resources (for example reference texts and software) available to students undertaking the course and;
21.3 An itemised list of all fees payable to the provider; and
21.4 Information about the minimum level of English language proficiency, educational qualifications and work experience required for the student to be accepted for the course (unless this is clearly not relevant).
Note Breach of paragraph 21.1, 21.2, 21.3 or 21.4 is an offence punishable by a fine of 1 penalty unit. See regulation 4.01 of the Education Services for overseas Students Regulations 2001.
22. The provider must not accept payment of any fees for a course from an overseas student, or an intending overseas student, if the registered provider has not given to the student:
22.1 A copy of the agreement, if the provider and the student have a written agreement in accordance with ss28(1) of the ESOS Act 2000; or
22.2 If there is no such agreement, a written statement to that effect.
Note Breach of this provision is an offence punishable by a fine of 3 penalty units. See regulation 4.01 of the Education Services for Overseas Students Regulations 2001.
23. The registered provider must not accept an overseas student, or an intending overseas student for enrolment in a course unless the registered provider has given to the student an accurate representation of the local environment in which the registered provider is operating, including location of campuses and indicative costs of living.
24. The registered provider must not accept an overseas student, or intending overseas student for enrolment in a course unless the provider has advised them that any school-aged dependants accompanying them to Australia will be required to pay full fees if they are enrolled in either a government or non-government school.
25. The information required in paragraphs 21-24 may be in electronic form.

Student Recruitment and Placement

The CRICOS-registered provider is responsible for the following activities, whether conducted by (i) the provider, (ii) their agents, or (iii) those involved in the provision of a course under an arrangement with the registered provider.
26. Recruitment of overseas students must be conducted in an ethical and responsible manner. The registered provider must ensure that any offer of a place on a course made to an overseas student is based on an assessment by a suitably qualified person of the extent to which the student's qualifications and proficiencies are appropriate to the course.
27. The registered provider must include, in any offer of course placement, information on requirements for English language skills (unless this is clearly not relevant), or bridging courses where these are considered necessary.
28. The registered provider must obtain evidence that assessment of an intending overseas student's proficiency in English has been carried out (unless this is clearly not relevant). Assessment must be done by a suitably qualified person. Evidence of assessment must meet the requirements of the Migration Regulations.
29. The registered provider must inform intending overseas students accurately of the requirements of the course, and there must not be any suggestion that they do not have to study or attend classes.
30. The registered provider must enrol overseas students only in full-time courses, as defined at paras 13.1 and 13.2 of this Code.

 

 
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