How to avoid malpractice of education agents

The Australian government is launching a review of international education, which includes education agents, as it was announced last year.

In the minister’s statement, it was said that “there have been indications of some bad practice of education agents, and [the bad practice] is not acceptable”.

The use of agents “is standard practice globally” and that “high-quality agents and education counsellors can also play an important role in supporting prospective students”. Agents are an “important” component of the environment and can contribute to solutions, according to universities in Australia, the UK, Canada and elsewhere. Approximately 75 percent of overseas students obtain the assistance of an education agent for research, enrolling and applying for a visa in Australia, however, there is no formal regulation of agents in the place.

Countries such as Canada and the UK have already said they will review how agents are used in international education. As part of its new international education strategy, Canada is expected to review the role of agents in April. The need for education agent regulation has been described as “essential and long overdue” by those involved in international education in Australia. However, politicians have previously acknowledged that regulating agents is difficult.

As a minimum, as part of reforms designed to protect the integrity of the international education system, the Australian government implemented a number of measures to strengthen the international education system, with a particular emphasis on “dodgy providers and bad agents”.

In Australia, providers of education to international students have a responsibility to monitor their affiliated education agents’ activities under Standard 4 of the National Code 2018. This standard requires registered providers to ensure their agents’ act ‘ethically, honestly, and in the best interests of students’. Providers are also required to take action where an agent has not complied with their responsibilities.

Furthermore, education providers must have agreements, with education agents who assist overseas students with enrolment, in place, as those are classified as third party arrangements and therefore are subject to the same rules. Find out more about third party arrangements.

Responsibilities of education providers under the CRICOS in relation to education agents:

Providers must have a written agreement with each education agent with which they work. The format and content of the written agreement is not specified, it must contain the following at a minimum:

outlines your obligations to be compliant with the ESOS Act and National Code 2018
set out the education agent’s legal requirements under Standard 4 of the National Code 2018
detail a process for monitoring the activities of the education agent and ensuring the education agent is giving students accurate information about your provider services
describe the actions you will take if the education agent does not comply with its obligations in the written agreement, which includes providing for corrective action outlined in Standard 4.4
describe the grounds for terminating the written agreement with the education agent and should cover for the circumstances for termination outlined in Standard 4.5
specify the conditions under which information about the education agent may be disclosed to Australian, state or territory agencies.

Publishing and updating education agent associations

Any education agent that has a relationship with a provider must have their details entered and maintained in the Provider Registration and International Student Management System (PRISMS).
Providers must maintain a list of education agents they are associated with and publish it on their website.
Non-compliance with these obligations is a strict liability offence.

Education agent conduct

If you engage the services of an education agent, you must make sure the agent declares, in writing, that they will avoid conflicts of interest with their duties as an education agent.
You are also required to make sure education agents observe appropriate levels of confidentiality and transparency in their dealings with overseas students or intending overseas students. This behaviour includes acting honestly, in good faith, and the best interests of the student.
Standard 4.3.4 of the National Code 2018 requires providers to ensure their education agents have knowledge and understanding of the international education system in Australia, including the Australian International Education and Training Agent Code of Ethics (PDF).
You must enforce a written agreement with an education agent. You will also need to ensure your agents are meeting their conduct obligations under Standard 4.3 of the National Code 2018.
If you become aware of, or suspect, an education agent has been non-compliant with their obligations, you must take immediate corrective action. This corrective action may include termination of your agreement with the education agent.
If you become aware of an education agent engaging in false or misleading recruitment practices, you should terminate your relationship with that education agent immediately.

You must not accept students from an education agent if you know, or reasonably suspect, the agent is:

providing migration advice without being authorised to under the Migration Act 1958
engaged in, or has previously participated in, dishonest recruitment practices
assisting the enrolment of a student who the education agent believes will not comply with the conditions of their visa
using PRISMS to create confirmations of enrolment for non-genuine students.

Examples of Non compliance by education agents:

Wrong courses
Incorrect or partial information about the course, associated fees and outcomes
Immigration advice despite this being unlawful
Promising immigration outcomes
Claiming association with the Immigration Department
Claiming priority processing
Kepping prepaid fees and not passing onto the education provider
Not refunding students if visa refused

The education sector has consistently voiced concerns over unethical practices within the international student recruitment, highlighting some troubling issues. In response to these challenges, Educli has taken a proactive approach by developing a comprehensive suite of resources and training materials aimed at improving the management of education agents.

These initiatives are designed to enhance transparency and integrity in the recruitment process, ensuring that standards are upheld and malpractices are curbed. Contact us for further details on these educational tools and how they can be implemented for your organisation.

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