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:
Agents, in representing an Australian education provider, MUST do
· 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
· make any inaccurate claims of association with any other provider
· give inaccurate/dishonest advice as to acceptance into another
· hold out the promise of permanent residence in Australia following
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;
· 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
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
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
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
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;
22.2 If there is no such agreement, a written statement to that
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
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.