Unscrupulous behavior on the part of third-party education agents remains a regulatory priority for AQSA and a government-wide focus. When recruiting students or offering courses, training providers who provide Australian VET qualifications to international students must adhere to their legal responsibilities under the ESOS Act and National Code, which state that they may not make false or misleading statements or guarantee a migration outcome in any marketing activities. Providers also have a responsibility to adhere to Australian Consumer Law in their advertising and promotion of their courses and other educational services.

 

ASQA’s risk monitoring has uncovered provider practices in regards to student transfers that have also been covered in the media recently. Upon hearing that international students are arriving in Australia intending to study with one provider but quickly switching to another, ASQA becomes concerned.

 

Together with the Department of Education and Home Affairs, TEQSA, and other partners, ASQA is keeping an eye on these procedures to ensure compliance with all relevant regulations. To safeguard legitimate students, the sector, and the validity of the student visa system, ASQA will take decisive action in the event of any violations or underlying systemic risk.

 

Changes in providers and/or courses shortly after arrival, without justification or approval, are not consistent with the legislation expectations under the ESOS Framework and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code). ASQA is looking into allegations of collusion and/or incentives offered by on/offshore education agents to students and/or providers to engage in unlawful course hopping arrangements.

 

Providers’ obligations under the ESOS Act and National Code to only engage in ethical student recruitment practices, including where these are facilitated through education agents.

 

When recruiting overseas students, ESOS requires that providers must:

  • not engage in misleading or deceptive conduct, or make unsustainable claims or guarantees
  • ensure available student information is clear and comprehensive, and sufficient to enable informed course enrolment decisions
  • report accepted students to PRISMS within prescribed timeframes
  • not knowingly accept a student’s transfer from another provider in the student’s first 6 months, without a legitimate release notification
  • not accept students from an education agent it knows or reasonably suspects has engaged in dishonest recruitment practices
  • not accept students it knows or reasonably suspects will not comply with the conditions of their visa – which includes needing to obtain a new visa if transferring to a lower AQF level course
  • ensure that education agents they work with act ethically, honestly and in students’ best interests.

 

Further information about these obligations is available in the ESOS Act, specifically section 19 (Giving information about accepted students), and in the National Code, specifically Standard 2 (Recruitment), Standard 4 (Education agents), and Standard 7 (Student transfers).

 

You can find out more information by viewing the following Fact Sheets:
Australian Government Department of Education: Standard 7 – Overseas student transfers
Australian Government Department of Education: Standard 4 – Education Agents
Australian Government Department of Education: Standard 2 – Recruitment of an overseas student

 

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