Audience
Education Queensland International (EQI) staff, school staff, overseas students, homestay providers, international partners, parents, Department of Home Affairs (DHA) approved guardians of overseas students and their agents.
Purpose
This procedure outlines the roles and responsibilities of EQI staff and school staff when maintaining overseas student wellbeing and welfare arrangements for the duration of their enrolment.
Overview
Overseas students who are participating in International Student Programs (ISP) are required by the DHA to have appropriate arrangements for their accommodation, support and general welfare for the duration of the student visa.
EQI and school staff are responsible for providing access to services to support the wellbeing of an overseas student for the length of their stay.
It is a condition of the subclass 500 (schools) visa that an overseas student who is younger than 18 years of age must have accommodation and support, and their general wellbeing must be maintained. To maintain welfare, overseas students must stay with:
- a parent approved by the DHA; or
- an eligible relative who is over 21 years of age, nominated by the parent and approved by the DHA; or
- an EQI approved homestay provider (that is, under the welfare of EQI). An EQI approved homestay provider can also include family friends or distant relatives chosen by a parent to provide accommodation for the duration of the overseas student’s program, provided they are approved by EQI and meet EQI's Homestay Terms and Conditions.
Where EQI approve the accommodation, support and general welfare arrangements for students under 18 years of age (under EQI welfare), EQI and school staff are responsible for the ongoing monitoring of appropriate accommodation, health, safety and wellbeing arrangements for the length of the student's stay.
A change of welfare arrangement is not required for overseas students intending to temporarily travel or stay with a parent or close family relative. Overseas students must seek approval by submitting an ISP travel and activities form as a requirement of the ISP standard terms and conditions.
For circumstances where emergency accommodation and welfare arrangement changes are required outside of school hours, parents, DHA approved guardians, overseas students, agents and homestay providers should call 1800 QSTUDY (1800 778 839) to seek assistance and/or to arrange emergency accommodation and welfare arrangements. For further information please refer to the DEi Incident management procedure.
This procedure supports Standards 5 and 6 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code).
Responsibilities
DHA approved guardian
- comply with Enrolment agreement (including the ISP standard terms and conditions)
- comply with Student Guardian visa conditions and consult with EQI in advance if intending to leave Australia, or if at any time you cannot continue to provide the accommodation or welfare arrangements during an overseas student’s enrolment
- ensure that alternate welfare and accommodation arrangements are in place and documents submitted to the DHA (if required) at least six weeks prior to when you are intending on making any change
- notify school staff of your residential address and contact details or any changes to these details as soon as possible.
Homestay provider
EQI staff
- issue a Confirmation of Appropriate Accommodation and Welfare (CAAW) letter (DoE employees only) for overseas students who have requested EQI approved accommodation
- inform the overseas student of their visa obligation to maintain their welfare arrangements
- provide written approval (e.g. Letter of support for Change of welfare) to overseas students, parents or DHA approved guardians who request a change to EQI approved accommodation and welfare arrangements
- liaise and negotiate alternate welfare arrangements with the school principal (or delegate), school staff, parent and agent (if applicable) when the school is no longer able to provide homestay for an overseas student
- where transferring a student to or from another registered provider (external transfer), negotiate the transfer date for welfare arrangements and organise appropriate supervision requirements to ensure there is no gap
- escalate potential safety or student welfare concerns to EQI officer
- report any changes in welfare arrangements to the Australian Government, through Provider Registration and International Student Management System (PRISMS)
- manage refunds for accommodation payments or penalty fees due to welfare changes
- provide advice and support to the school principal (or delegate) and school staff implementing this procedure
- consider human rights and make decisions that are compatible with the
Human Rights Act 2019 (Qld).
Parent
- coordinate with EQI staff and facilitate a change of welfare arrangement when EQI has withdrawn the welfare responsibility of an overseas student
- submit a Student guardianship arrangements (157N form) to DHA to request any changes to the welfare arrangements for the overseas student under their care
- advise EQI staff about changes to the welfare arrangements by submitting Change of welfare submission form.
School staff
For overseas students under EQI welfare:
- monitor and maintain safe and appropriate welfare arrangements for the duration of the overseas student’s enrolment
- monitor student wellbeing and maintain formal routine contact with the homestay provider at least every six months to verify student accommodation is appropriate
- make permanent, temporary and emergency changes to accommodation arrangements, when required
- escalate incidents, potential safety or student welfare concerns outside of school hours to school principal (or delegate) and EQI
For all overseas students:
- intervene and connect overseas student with relevant school staff or services to support mental health and wellbeing
- liaise with parent/DHA approved relative, homestay providers and agents (where applicable) regarding wellbeing
- maintain accurate and up-to-date records.
EQI officer
- provide advice on decisions which support the wellbeing and welfare of enrolled overseas students and meet legislative obligations
- escalate to the Director, EQI where there are significant risks to the student remaining in the homestay program.
- consult with and notify the overseas student's parent/agent immediately if EQI is considering no longer approving the welfare arrangements of an overseas student
- consider human rights and make decisions that are compatible with the
Human Rights Act 2019 (Qld).
School principal (or delegate)
- report/inform on any incident that occurs outside of school hours regarding overseas student wellbeing
- oversee the provision of services to support the wellbeing of all overseas students for the duration of their enrolment
- oversee the ongoing monitoring of the overseas students’ health, safety and wellbeing for students under EQI welfare
- oversee the ongoing monitoring of homestay arrangements
- address and resolve homestay issues including the approval of changes to existing arrangements
- notify EQI that the school may no longer be able to support the ongoing accommodation for an overseas student under EQI welfare.
Director, EQI
- review all evidence and decide whether to withdraw EQI approved arrangements in place for an overseas student
- continue to approve the welfare arrangements for the overseas student until any of the following applies:
- alternative welfare arrangements are approved by another registered provider
- care of the student by a parent or nominated relative is approved by the DHA
- the student leaves Australia
- the student's parents arrive in Australia and assume welfare responsibility
- EQI has notified the Australian Government, through Provider Registration and International Student Management System (PRISMS), that it is no longer able to approve the student’s welfare arrangements or that it has taken the required action after not being able to contact the student.
- consider human rights and make decisions that are compatible with the
Human Rights Act 2019 (Qld).
Process
Image 1: Welfare management
Monitor
Overseas student welfare, including supervision, accommodation, health, safety and wellbeing must be routinely monitored to ensure the overseas student’s accommodation is appropriate to the overseas student's age and needs.
An EQI approved welfare arrangement is when the overseas student has chosen to live in EQI approved accommodation such as homestay (for more information on homestay accommodation, refer to the DEi homestay placement procedure and DEi homestay management procedure).
Circumstances where an overseas student’s welfare arrangements undergo routine monitoring include (but are not limited to) the following:
Student wellbeing
- School staff:
- maintain regular formal and informal contact (at least every six months) with homestay providers, overseas students, parents and DHA approved guardians and agents (if required) to monitor overseas student wellbeing and to identify any issues or concerns regarding the accommodation and welfare arrangements (for example, ensuring living arrangements are still appropriate for the overseas student’s age and needs as per the DEi homestay provider management procedure)
- monitor overseas students in the following ways:
- liaise with class teachers, homestay families and parents/DHA approved guardians to determine if there are any wellbeing concerns
- monitor for behaviour and wellbeing in both school and accommodation arrangements
- monitor for signs of harm related to physical, sexual or emotional abuse, or neglect, as per the Student protection procedure and the Student protection guidelines
- regularly meet with overseas students to provide opportunities to discuss any concerns in relation to behaviour, general health, safety and wellbeing, as per the Supporting students' mental health and wellbeing procedure.
- School staff fulfill welfare monitoring responsibilities as per the DEi homestay placement procedure and DEi homestay provider management procedure for students in EQI welfare arrangements.
Transfer of welfare responsibility on arrival or departure
For students who have chosen to live in EQI approved accommodation, welfare responsibility begins at the time the overseas student enters Australia to start their EQI course.
Welfare responsibility ends when the overseas student returns to the care of the parent/guardian, either by returning home or if the parent/s arrive in Australia to resume responsibility for the overseas student's welfare. It is mandatory that there are no gaps in the student's welfare and there are supervision arrangements during this transfer.
- School staff liaise with EQI, the homestay provider, agent (when relevant) and parent to ensure all parties are aware of the overseas student's arrival and/or departure travel arrangements (including but not limited to the overseas student's flight details, other transport arrangements and emergency contact information).
- School staff:
- request the ISP arrival details form from overseas students arriving into an EQI welfare arrangement
- request overseas student to submit Returning student flight details form from overseas students under an EQI welfare arrangement returning home temporarily during the course of study with EQI, or at the completion of their course
- register all travel information and any updates in OneSchool.
Change of welfare arrangement
Requests for EQI to arrange temporary or permanent welfare and accommodation arrangements for the overseas student must be made at least 6 weeks prior to the change.
EQI approved welfare arrangement no longer required
An overseas student can seek confirmation from DHA to change welfare arrangement from an EQI approved welfare arrangement to an alternative arrangement nominated using the (Welfare arrangements for students under 18 157N form).
- Parent or nominated guardian of overseas student:
- applies to DHA to be approved to hold responsibility for welfare of overseas student as per the welfare arrangements for students under 18 subclass 500 (schools) visa condition
- advises school staff and EQI staff of the overseas student's intention to change welfare arrangements by submitting the Change of welfare submission form
- provides EQI staff with DHA guardian approval notice from DHA.
Emergency or unforeseeable circumstances
- DHA approved guardian notifies school staff immediately if there are any circumstances that require a change of overseas student welfare arrangements (temporarily or permanently). For example, intending to leave the country or be absent from the overseas student's residence for any length of time, including any overnight periods.
- Parent or DHA approved guardian:
- Homestay provider notifies school staff immediately if:
- School staff:
- refer to the relevant procedures, such as the DEi homestay placement procedure for emergency placement process, and the wellbeing section of the intervention step in this procedure
- request consent from the parent for EQI to take responsibility for the overseas student's accommodation and welfare arrangements.
Intervention
Student wellbeing
Where an overseas student is missing, refer to the DEi Incident management procedure.
When concerns regarding an overseas student’s wellbeing have been identified, for example behaviour issues, general health and safety, signs of harm, or an indication the overseas student presents a risk to themselves or others, follow the steps below.
- School staff identify wellbeing concerns and discuss with overseas student, class teachers, specialist staff, school principal (or delegate), homestay provider and parents/DHA approved guardians to establish appropriate support or intervention, for example:
- consider using the Mental health resource hub (DoE employees only) and the Supporting students' mental health and wellbeing procedure where there are concerns about the overseas student’s wellbeing, and arrange a meeting in an appropriate location to discuss this with the overseas student with support from any relevant specialist staff
- consult with the parent
- seek parental/DHA approved guardian consent if required
- refer the overseas student to the school guidance officer/school-based youth health nurse, if required
- assist the overseas student to access other wellbeing related support services, if required
- escalate reoccurring issues or cases that cannot be resolved with minor intervention to the principal (or delegate).
- School staff issues Wellbeing support letter (DoE employees only) to parents, agent, DHA approved guardian and EQI staff providing detailed information about the intervention and support plan.
- School staff to implement intervention strategies to support the overseas student’s health and wellbeing and liaise with the school principal (or delegate), EQI staff and overseas student’s parent/agent in order to address the following circumstances:
- School staff escalate concerns about the overseas student’s wellbeing or student protection matters to the school principal (or delegate), if required.
- School principal (or delegate):
- implements the Student protection procedure and/or the DEi incident management procedure outside of school hours, where there is an incident and/or reasonable suspicion of harm to an overseas student related to physical, sexual or emotional abuse, or neglect.
- undertakes the following actions when a risk to the overseas student’s wellbeing is identified:
- reviews intervention strategies that are in place to ensure they are appropriate and advises adjustments if required
- reviews/consults with student support services, or other professionals involved in supporting the overseas student
- meets with the overseas student to discuss wellbeing concerns, reinforcing the ISP standard terms and conditions and the consequences for non-compliance and/or the welfare implications
- if the overseas student’s parent/DHA approved guardian or homestay provider is unable to attend meeting, meet with the overseas student and liaise with the other parties after the meeting
- directs school staff to escalate to EQI officer for support and compliance immediately
- raises with EQI as soon as possible where there are concerns about being able to maintain accommodation arrangements (welfare at risk)
- directs school staff to continue to work with the overseas student and parent/DHA approved guardian or homestay provider until satisfied the issue has been resolved.
- EQI officer:
- in conjunction with the school principal (or delegate) and school staff, establish and implement further actions to resolve any ongoing issues, if applicable
- escalate to Director, EQI, if required.
- issues Welfare at risk notification letter (DoE employees only - CM 24/438140) to the overseas student, parent/guardian and agent at the direction of the Director, EQI (where applicable)
- notifies EQI staff that the overseas student has been issued a Welfare at risk notification letter.
Change of welfare arrangement
Welfare arrangements for the overseas student can change due to:
- the EQI welfare arrangement is no longer required because of emergency or unforeseeable circumstances or a request to change; or
- transfer; or
- EQI withdrawal of welfare responsibility.
EQI approved welfare arrangement no longer required
- EQI staff when changing overseas student welfare arrangement from EQI to a DHA approved guardian:
- review DHA guardian approval notice (as provided by DHA) and update overseas student record
- confirm any proposed changes to welfare arrangements with school and parent/agent ensuring no gap in the welfare arrangements
- notify the Australian Government, using PRISMS as soon as practicable that CAAW letter is no longer required.
- School staff notify homestay provider that the overseas student is changing welfare arrangements and ensure safe and appropriate transport arrangements.
Emergencies or unforeseeable circumstances
- EQI staff:
- receive notification from the overseas student's parent giving EQI responsibility for the overseas student's accommodation and welfare arrangements where the DHA approved guardian is unable to maintain appropriate accommodation and welfare arrangements;
- confirm any proposed change to welfare arrangements with school and parent/agent where overseas student welfare responsibility is moving from a DHA approved guardian to EQI by requesting the DHA guardian approval notice from DHA if it has not been provided;
- contact school to arrange a temporary or permanent homestay arrangement and assume welfare of the student;
- update PRISMS and issue CAAW letter confirming appropriate arrangements for the overseas student’s accommodation and welfare have been approved; or
- prepare the Letter of support for Change of welfare template (CM 24/477086 - DoE employees only) and send along with supporting information to the EQI officer, including the change of welfare arrangement approved by DHA.
- School staff organise emergency accommodation as per the DEi homestay placement procedure when required and for any changes to a welfare arrangement:
- update OneSchool records
- advise relevant school staff, parents/agent and EQI staff.
- EQI officer reviews the change of welfare arrangement information provided by EQI staff and issues Letter of support for Change of welfare templates (CM 24/477086) - DoE employees only) to parents/DHA approved guardian.
- DHA approved guardian provides evidence of EQI approved welfare arrangement to DHA prior to leaving Australia (temporarily or permanently).
Transfer
- Parent/DHA approved guardian refers to the Transfer procedure for more information when requesting a cancellation of enrolment to transfer to another Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) provider.
Withdrawing approval of welfare responsibility
EQI may withdraw welfare and cancel a student enrolment as a last resort, without observing the appeal process (refer to the ISP standard terms and conditions and Complaints and appeals procedure for more information) if:
- Overseas student:
- refuses to maintain approved care arrangements (ongoing difficultly maintaining a homestay placement - 3 or more moves) and all attempts to assist the student to maintain appropriate arrangements have been exhausted
- is missing and all attempts (in accordance with the DEi incident management procedure) to locate the overseas student have failed
- has serious wellbeing or medical concerns, or psychological issues which places the student at risk of harm to themselves or others
- has engaged or threatens to engage in behaviour that is reasonably believed to endanger the overseas student or others
- has committed or is at risk of committing a criminal offence.
- EQI staff:
- liaise with school staff, parents and/or agent in the event that the overseas student cannot be located and attempt to locate the student through all reasonable means (for example, notifies the police)
- liaise with school principal (or delegate), school staff and overseas student’s parent/agent if the school is no longer able to provide welfare arrangements for an overseas student.
- EQI officer:
- reviews the relevant case notes provided and consults with the overseas student and/or parent/agent
- negotiates an appropriate solution (for example, transfer of responsibility for approving accommodation and welfare to a parent, approved relative or another CRICOS registered provider, if appropriate)
- attempt to negotiate an appropriate solution with the overseas student, the school and homestay provider, where approved
- considers human rights and makes a recommendation regarding EQI's withdrawal of approved welfare responsibility to ensure it is compatible with the
Human Rights Act 2019 (Qld) and escalates to Director, EQI.
- Director, EQI:
- considers human rights and makes a final decision regarding EQI's withdrawal of approved welfare responsibility to ensure it is compatible with the
Human Rights Act 2019 (Qld)
- notifies the overseas student, parent/agent and EQI staff of any decision to report to the Australian Government, that EQI does not approve the accommodation and welfare arrangements of the overseas student.
Finalise
EQI approved welfare arrangement no longer required
- EQI staff cancel the overseas student’s CAAW:
- using PRISMS, on the day, or no later than 14 days after the overseas student’s welfare changeover has occurred; and
- provides documentation to the parent/agent that appropriate arrangements have been made for the overseas student’s accommodation and welfare.
Withdrawing approval of welfare responsibility
- Director, EQI confirms that EQI no longer approves the welfare arrangement, advises the parents/agent and directs EQI staff to update PRISMS with the Non-Approval of Appropriate Accommodation/Welfare Arrangements letter.
- EQI officer liaises with the overseas student's parents and/or agent to arrange for the responsibility of welfare to be transferred through one of the following actions:
- the parents travel to Australia to accept the responsibility of the overseas student's welfare
- the parents confirm a DHA approved guardian maintain the responsibility of welfare for the overseas student
- the overseas student returns to their home country.
- Parent/s of the overseas student facilitate a transfer of welfare responsibility as soon as practicable.
- EQI staff update PRISMS within 24 hours of the decision, of details of any breach of a prescribed condition of the overseas student's visa, even if the overseas student has ceased to be an accepted student of EQI.
Refund
EQI will consider refunds under the following circumstances in accordance with the ISP Standard Terms and Conditions for transfers to another CRICOS provider, when EQI approved welfare arrangement is no longer required, or when EQI is withdrawing approval of welfare responsibility.
- EQI staff assess whether the overseas student is eligible for a refund in accordance with refund policy outlined in ISP Standard Terms and Conditions and if required:
- confirm financial status of the overseas student’s homestay account with school staff
- request overseas student/parent/DHA approved guardian to complete the ISP refund request form.
- Parent or DHA approved guardian submits the ISP refund request form by emailing completed form to EQInternational@qed.qld.gov.au.
- EQI staff process refunds in accordance with the refund policy.
Definitions
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Term
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Definition
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1800 QSTUDY
(+61 1800 778 839)
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A hotline for managing incidents involving overseas students across Queensland, students participating in a study tour program and Queensland students and teachers travelling globally on a Department of Education International (DEi) program.
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Agent
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Education agent is a person or organisation (in or outside Australia) who Education Queensland International (EQI) has entered into a written agreement with to formally represent EQI for the purpose of recruiting overseas students to participate in EQI programs.
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Compassionate or compelling circumstances
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Compassionate circumstances are circumstances which have had a negative impact on the overseas students, and EQI has assessed:
- are not in the student’s control; and
- adversely impact on the student’s welfare or course progress (for example, illness, bereavement or traumatic events may qualify).
Compelling circumstances are circumstances which the student would like EQI to consider will be for their benefit.
Circumstances which, are neither compassionate nor compelling under this agreement include:
- those that are created by the student’s own actions or are within their control;
- non-payment of fees;
- exclusion from the student’s school due to disciplinary consequences; and
- situations where the student’s health or wellbeing, or the wellbeing of others, is likely to be at risk.
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Confirmation of Appropriate Accommodation and Welfare Letter (CAAW)
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Confirmation letter that the registered education provider must approve of accommodation, support and general welfare arrangements for student visa holders aged under 18 years who do not intend to live with an immigration approved relative.
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Confirmation of Enrolment (CoE)
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A document, provided electronically, which is issued by EQI to intending overseas students and which must accompany their application for a student visa. It confirms the overseas student’s eligibility to enrol in a particular course of EQI. It is evidence of the student's course and duration of study in a nominated Queensland state school.
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Delegate
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Principal delegates are a classified officer (for example head of department or deputy principal) nominated by the school principal who is authorised to make specified International Student Program decisions on the principal's behalf.
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Department of Education International (DEi)
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The international branch of the Department of Education. The Department of Education, trading as Education Queensland International (EQI).
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Department of Home Affairs (DHA)
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Australian Government department responsible for immigration.
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DHA approved guardian
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A parent, legal custodian or a relative over 21 years old approved by the Department of Home Affairs (DHA) to be responsible for the accommodation and welfare of overseas students under the age of 18 years.
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EQI
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Education Queensland International (EQI) is the trading name of the Queensland Department of Education used by commercial business units within Department of Education International (DEi).
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EQI officer
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A Department of Education (DoE) employee working in Department of Education International (DEi), trading as Education Queensland International (EQI) that makes a decision on escalated actions. The EQI officer must be:
- independent from the EQI staff who escalated the original action;
- in a position equal to, or higher than, the EQI staff who escalated the original action and authorised to make decisions, including recommendations, or be nominated by someone with this authority; and
- delegated by the Director, EQI.
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EQI staff
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Department of Education (DoE) employees working in Department of Education International (DEi), trading as Education Queensland International (EQI). Employees from the following units include but are not limited to:
- International Student Programs (ISP)
- Corporate Services
- Officer of the Executive Director
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EQI welfare arrangement
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If an overseas student under the age of 18 is not living with a DHA approved guardian, a Confirmation of Appropriate Accommodation and Welfare (CAAW) is required in order for the student to be issued a student visa. This letter states that the DEi will provide appropriate accommodation and care for the overseas student until their 18th birthday. EQI requires all students to remain in their designated care arrangements until the completion of their course of study.
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Homestay provider
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Homestay provider is a person registered to deliver accommodation services and have been approved to provide supported and supervised in-home accommodation where food and shelter and a safe, caring and supportive home environment is provided to an overseas student. Homestay is arranged by schools, ISP and the DEi staff.
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International Student Programs (ISP)
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A study pathway that offers overseas students the opportunity to study within a Queensland state school with dedicated support services to meet individual student needs. International Student Programs include a variety of different study options.
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OneSchool
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The Queensland Government Department of Education's comprehensive software suite that Queensland state schools use to run safe, secure, sustainable and consistent reporting and administrative processes. Its features cover a wide range of school operations (DoE employees only).
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Overseas student
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A person (whether within or outside Australia) who holds a student visa subclass 500 (school sector) enrolled in an EQI course.
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Parent
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A parent, of a child, is any of the following persons:
- the child’s mother;
- the child’s father;
- a person who exercises parental responsibility for the child (e.g., a legal custodian).
- A legal custodian is any of the following persons:
- a person who is standing in the place of a parent of a child on a temporary basis is not a parent of the child;
- a person who is granted guardianship of a child under the Child Protection Act 1999; or international equivalent recognised by an Australian court of law;
- a person who otherwise exercises parental responsibility for a child under a decision or order of an Australian federal court or an Australian court of a State or international equivalent recognised by an Australian court of law.
For clarity, a homestay provider is not a legal custodian of an overseas student in their care.
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Provider Registration and International Student Management System (PRISMS)
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The national database owned by the Commonwealth Department of Education which all Australian education providers enrolling international students must enter their Confirmation of Enrolment (CoE) details.
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School staff
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Employees of EQI schools with responsibilities to support overseas students. For example – international student coordinator, homestay coordinator, guidance officer, specialist staff, EALD support staff, head of department, line manager, deputy principal, accredited officer (study tours).
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Legislation
Delegations/Authorisations
Other resources
Superseded versions
Previous seven years shown. Minor version updates not included.
1.0 Change of welfare - subclass 500 (schools) visa procedure
1.0 Accommodation and welfare procedure