International Student Programs – subclass 500 (schools) visa policy

Audience

Education Queensland International (EQI), EQI staff, school staff, Overseas students, EQI homestay providers, parents/Department of Home Affairs (DHA) approved guardians of Overseas students and their agents.

Purpose

This policy provides a framework to support accredited International Student Program (ISP) schools who are responsible for the delivery of educational, welfare, accommodation and support services to Overseas students (Subclass 500 [schools] visa).

Policy statement

EQI is a registered provider on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) for education services for international students enrolled in Queensland government primary, secondary and English language schools. EQI is responsible for meeting Commonwealth and Designated State Authority (DSA) requirements under Commonwealth and Queensland legislation, and for supporting Queensland ISP schools to meet legislative requirements.

Principles

The principles in this policy are aligned to the guiding principles of the Australian Strategy for International Education 2021-2030 that charts a path to sustainable growth for Australia's international education sector. The Department of Education, International (DEi) is the branch within the Department of Education (DoE) charged with the responsibility for managing the department’s international activities. These activities provide opportunities to engage with diverse cultures in productive and meaningful ways, and further the reputation of Queensland’s world-class education system locally and globally.

Requirements

The National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) is a legislative instrument made under the Education Services for Overseas Students Act 2000 (ESOS Act) and sets nationally consistent standards that govern the protection of international students and delivery of courses to those students by providers registered on CRICOS.

Education providers must comply with the National Code 2018 to maintain their registration to provide education services to international students.

EQI ISP standard terms and conditions outline the standards to which Overseas students and their parents/legal custodians are legally bound by throughout the period of the Overseas student’s enrolment in an ISP school.

EQI ISP client service standards outline the service commitment provided by EQI to stakeholders of ISP in Queensland state schools.

Standard 1 – Marketing information and practices

DoE requirements of International Student Programs:

• Provide accurate information to all stakeholders via the EQI website (www.eqi.com.au).
• Maintain professional, accurate marketing of our education and training services through the implementation of the guidelines EQI ISP marketing guides for schools (DoE employees only).
• Provide agents with current and accurate information that complies with the ESOS Legislative Framework and allows agents to provide the services including:
  • information about ISP, policies, fees, services and application procedures
  • promotional materials for distribution.

Standard 2 – Recruitment of an Overseas student

DoE requirements of International Student Programs:

• Ensure ethical and responsible international student recruitment practices.
• Clearly state the requirements and enrolment conditions of our registered courses in the ISP standard terms and conditions, ISP entry and course requirement standards and in the Enrolment – subclass 500 (schools) visa procedure.
• Prior to accepting an Overseas student for enrolment in a course, EQI must provide current and accurate information regarding:
  • the minimum level of English language proficiency, educational qualifications or work experience required and whether course credit may be applicable
  • CRICOS course codes, content and modes of study
  • course fees, duration and breaks
  • course outcomes and qualifications
  • campus locations
  • pathway programs
  • accommodation options.
• Identify when an Overseas student is eligible for QCE credit for non-Queensland studies (for example, senior secondary transfer from another CRICOS provider in another state or territory) as outlined in the QCE and QCIA policy handbook and apply to the Queensland Curriculum and Assessment Authority (QCCA) to have this credit recognised.
• Only allow an Overseas student to study vocational education and training (VET) courses through the school’s Registered Training Organisation scope (QCAA VET procedures) and for the purpose of meeting their course as defined in the ISP entry and course requirement standards.

Standard 3 – Formalisation of enrolment and written agreements

DoE requirements of International Student Programs:

• Ensure applicants satisfy the requirements outlined in the ISP entry and course requirement standardsand provide to the applicant information prior to applying.
• Overseas students must accept the Written Agreement that consists of:
  • the ISP standard terms and conditions
  • the Enrolment Agreement that may have further conditions, and
  • Initial Invoice and Statement of Fees.
• Provide information on the departmental Customer complaints management policy and ISP appeals process.
• Meet departmental requirements under Information privacy and right to information legislation and provide a process for managing information provision and Right to Information requests.
• Maintain a Refund Policy ISP standard terms and conditions a procedure for processing refunds as outlined in the Ongoing enrolment – subclass 500 (schools) visa procedure.

Standard 4 – Education agents

DoE requirements of International Student Programs:

• Take responsibility of agent services through an Agent Agreement and process for ensuring the quality of agency practices.
• Only engage with education agents that have been accredited by EQI.
• Enter into an Agreement with each agent in order to monitor the obligations of agents and EQI.
• Provide agents with compliant and relevant marketing material on the EQI website.
• Provide a list of registered agents and a process for applying to be become an EQI agent.

Standard 5 – Younger Overseas students

DoE requirements of International Student Programs:

• Confirm the responsibilities and processes for all employees and visitors to state schools when dealing with student protection concerns and responding when it is suspected that an Overseas student, or an unborn child, has been harmed or is at risk of harm (Student protection procedure and Working with children authority procedure).
• Maintain the Change of welfare - subclass 500 (schools) visa procedure to ensure that Overseas students under 18 years of age must reside with a parent, relative, legal custodian or accommodation approved by EQI for the duration of their study in a Queensland state school.
• Confirm that homestay providers are aware of and adhere to the Child and Youth Risk Management Strategy and the ISP terms and conditions for homestay providers. 
• Ensure Overseas students are placed in an appropriate and safe homestay by outlining the roles and responsibilities of both schools and homestay providers:
  • DEi recruit and onboard homestay procedure
  • DEi student homestay placement procedure
  • DEi homestay provider management procedure.
• Ensure there is no welfare gap for the duration of the enrolment. This is formalised when the applicant accepts an Offer of enrolment and the Confirmation of Enrolment (CoE) is issued, along with the Confirmation of appropriate accommodation and welfare (CAAW) letter (if applicable).
• Limit accommodation arrangements for Overseas students to one of the following:
  • the Overseas student may live with their parents
  • the Overseas student may live with a relative approved by the Australian Government department responsible for immigration (who is over 21 years of age and of good character)
  • the Overseas student may live with a nominated third party where EQI assesses and approves accommodation and welfare. The nominated person must be over 25 years of age, be of good character, and all relevant family members must hold valid Blue Cards. This option is only available for Overseas students entering high school (refer EQI ISP student application form page 6).
  • Overseas students in an EQI approved homestay or an EQI approved arrangement with a nominated third party (options 1 and 2 above) will be issued with a Confirmation of appropriate accommodation and welfare (CAAW) letter.

Standard 6 – Overseas student support services

DoE requirements of International Student Programs: 

• Assist Overseas students to access welfare-related support services (1800 QSTUDY) in relation to issues that may arise during their study, including incident management, wellbeing and child protection issues (DEi incident management procedure).
• Maintain a 24/7 process for managing incidents involving Overseas students where the incident occurs outside school hours and where the activity is not organised by the school (DEi incident management procedure).
• Clearly outline the roles and responsibilities of EQI and school staff and the steps they follow to develop pre-arrival, arrival and ongoing orientation programs to support Overseas student adjustment to study and life in Queensland Student orientation - Subclass 500 (schools) visa procedure.
• Ensure appropriate controls are in place to mitigate risks when approving non-routine travel for Overseas students in homestay (Non-routine travel and activities – subclass 500 [schools] visa procedure) including:
  • Water Skills Assessment
  • driving a vehicle or as a passenger
  • high risk activities (for example, swimming, surfing), and
  • overnight stays.
• Maintain a register of successful and unsuccessful sport, leisure and recreation providers to evaluate the risk of Overseas students in homestay engaging with non-routine service providers not arranged by the school (Sports, leisure and recreation provider – subclass 500 [schools] visa procedure).
• Provide learning support to Overseas students so to assist in maintaining satisfactory course progress requirements as outlined in the ISP entry and course requirement standards and the Course progress – subclass 500 (schools) visa procedure.

Standard 7 – Overseas student transfers

DoE requirements of International Student Programs:

• EQI considers written requests from Overseas students to transfer to either another ISP school or another CRICOS registered provider.
• Maintain a Transfer Policy (ISP standard terms and conditions) and Transfer – subclass 500 (schools) visa procedure for managing internal and external transfer applications.
• Ensure applicants transferring to EQI from another education provider satisfy the requirements outlined in ISP entry and course requirement standards.

Standard 8 – Overseas student visa requirements

DoE requirements of International Student Programs:

• EQI will ensure that all Overseas students meet Student visa conditions as defined by DHA.
• Only allow an Overseas students to study one subject through the Brisbane School of Distance Education or the Cairns School of Distance Education as part of their course in compelling circumstances and where it is in the best educational interest of the Overseas student (Distance education – subclass 500 (schools) visa procedure).
• Be proactive in notifying and counselling Overseas students who are at risk of failing to meet attendance and course progress (ISP standard terms and conditions) as outlined in the Course progress – subclass 500 (schools) visa procedure and Attendance – subclass 500 (schools) visa procedure.
• Maintain theAttendance – subclass 500 (schools) visa procedure which is supported by the (DoE) Managing student absences and enforcing enrolment attendance at State schools procedure and Roll marking in state schools procedure.
• Maintain the Course progress – subclass 500 (schools) visa procedure to ensure reports are provided to Overseas students, parents and DHA approved relatives at least each school semester as outlined in theP-12 curriculum, assessment and reporting framework.
• Monitor and ensure Overseas students maintain satisfactory course progress requirements as outlined in the ISP entry and course requirement standards and the Course progress – subclass 500 (schools) visa procedure.

Standard 9 – Deferring, suspending or cancelling the overseas student’s enrolment

DoE requirements of International Student Programs:

• Support Overseas students to comply with procedures relating to their conduct and their welfare, and also school standards of behaviour, as set out in each school’s code of conduct. The procedure for managing Overseas student behaviour is outlined in the ISP standard terms and conditions and DoE’s procedure Student discipline outlines behaviour management in state schools.
• EQI may initiate a cancellation of enrolment as outlined in the ISP standard terms and conditions and the Ongoing enrolment – subclass 500 (schools) visa procedure.
• Assist Overseas students to apply for a deferral of enrolment before their arrival, as outlined in the Enrolment – subclass 500 (school) visa procedure.
• Assist Overseas students to apply for a temporary suspension of enrolment where compassionate or compelling circumstances have been determined (Suspension of enrolment – subclass 500 [schools] visa procedure).

Standard 10 – Complaints and appeals

DoE requirements of International Student Programs: 

• Manage complaints in accordance with the DoE Customer Complaints Management Framework and the Overseas student Appeals procedure (ISP standard terms and conditions).
• Outline how EQI handles complaints and appeals made by an Overseas student enrolled in an EQI registered course, or persons acting on behalf of Overseas students in the Complaints and appeals – subclass 500 (student) visa procedure.

Standard 11 – Additional registration requirements

DoE requirements of International Student Programs:

• EQI only accepts Overseas student enrolments in ISP schools that are provisionally accredited or accredited.
• Ensure appropriate staffing, resources and facilities for Overseas students and endorsement from the relevant Regional Director, including CRICOS capacity adjustments.
• Deliver a high standard of customer service and meet the targets as defined in the EQI client service standards.

Definitions

Legislation

• Education (General Provisions) Regulation 2017 (Qld) Section 63
• Education Services for Overseas Students Act 2000 (Cwlth) 
• Education Services for Overseas Students Regulations 2019 (Cwlth)
• Human Rights Act 2019 (Qld) ss 58(1), 63, 97
• Migration Act 1958 (Cwlth) 
• National Code of Practice for Providers of Education and Training to Overseas Students 2018 (Cwlth)

Delegations/Authorisations

• Nil

Other resources

• The DEi Strategic Plan 2019–2024
• EQI client service standards
• ISP entry and course requirement standards
• ISP standard terms and conditions
• ISP student fees
• ISP terms and conditions for homestay providers
• Australian Strategy for International Education 2021-2030
• P-12 curriculum, assessment and reporting framework
• Queensland Curriculum and Assessment Authority (QCCA)
• Student protection procedure
• Student visa conditions

Superseded versions

Previous seven years shown. Minor version updates not included.

1.0 International Student Programs - subclass 500 (schools) visa policy