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MEETING THE MEETING THE CRICOS CRICOS STANDARDS STANDARDS Debbie Phipps – Rainbow Connextions Pty Ltd www.rainbowconnextions.com.au [email protected] mobile 0412 093 255

Meeting the cricos standards v1 15

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MEETING THE MEETING THE CRICOS STANDARDSCRICOS STANDARDS

Apr 2014

Debbie Phipps – Rainbow Connextions Pty Ltdwww.rainbowconnextions.com.au [email protected] mobile 0412 093 255

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Key Points1. Marketing material and Website

2. Recordkeeping

3. PRISMS accuracy

4. Amendments to ESOS Act 2000 2012, 2013, 2014 & 2015 to come!

5. Policies and Procedures

6. Student and Staff files

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ACRONYMSESOS Education Services for Overseas StudentsRTO Registered Training AuthorityASQA Australian Skills Quality AuthorityELICOS English Language Intensive Courses for Overseas StudentsCOE Confirmation of EnrolmentPRISMS Provider Registration and International Students Management System PEO Principal Executive OfficerACPET Australian Council for Private Education and TrainingDET Department of Education and Training *NEW (was DIICCSRTE, DIISRTE,

DEEWR, DEST etc)DIBP Department of Immigration and Border Protection *NEW (was DIAC)TEQSA The Tertiary Education Quality and Standards AgencyNEAS National ELT (English Language Teaching) Accreditation Scheme

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Department /Legislation changes• Introduction of Department of Education & Training (DET) and

Australian Skills Quality Authority (ASQA)/TEQSA etc• Changes to legislation names eg AQTF to VET QUALITY FRAMEWORK

including Standards for RTOShttp://www.asqa.gov.au/users-guide-to-the-standards-for-registered-training-organisations-2015/related-legislation-and-standards/related-legislation-and-standards.html• Possible changes to State regulator and local legislation• Addition of the Overseas Student Ombudsman• Department of Immigration and Border Protection (DIBP was DIAC)

Have you updated your policies and procedures to reflect these changes? You must ensure you quote the correct Quality Assurance framework for your

domestic framework.

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ESOS 1 July Demonstrate changes

• Quick Reference Guide-Record Keeping – 14 items listed

• Quick Reference Guide-Procedures Required – 14 procedures you require evidence of

Guides provided by REGULATOR

Refer: https://prisms.deewr.gov.au/Information/News/News.aspx?NewsId=477 published May 2013

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RECORD KEEPING

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PROCEDURES REQUIRED

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PRISMS ACCURACYCheck PRISMS REPORTS monthly to self audit1. Individual Provider Details

– Check Legal Entity and trading names are correct– Check Courses on your scope are correct and current– Ensure course costs are current– Ensure course durations are current– Don’t forget to update course costs for the next calendar year

2. Course Cost Comparison Report3. Course Duration Comparison Report4. Student and COE Report5. Student Welfare Report6. Student Variations Report

READ THE USER GUIDEBecome familiar with the reports

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Key changes to ESOS Act July 2012

This is now over 3 years ago you must ensure you are compliant!

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ESOS 1 July 2012 – updated ESOS Act

• New requirement to update PRISMS with all student payments (bulk upload option available)

refer PRISMS Provider User Guide – Non-public providers within 14 days of payment

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ESOS 1 July 2012 key changes

• TUITION ~ NON TUITION – you must be very clear• Recording keeping; limit on prepaid tuition fees and when you can collect

further tuition fees; • Clear study periods; • Designated bank accounts (for prepaid fees) unless you are administered

by a State Education Authority OR recurrent Commonwealth funding; • 6 monthly requirement for PROVIDER to remind students of changes to

address, phone, email and keep evidence of the same;• Academic records recorded and updated on completion of EACH UNIT of

competency/semester as applicable• Report students even if they have ceased study if due to report. Part 21,

22, 27, 28 – 32

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ESOS changes effective 1 July 2012• Have you updated your policies and procedures and Written

Agreement/Letter of Offer since (or prior) to 1 July to incorporate the new changes?

• Are your agreements SIGNED from 1 July 2012 compliant?

Prepayment of fees limits? Length of study periods and tuition fees for each study period? Refer Section 22

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ESOS Act - Key changes

Student default NEW TIMELINES: Section ESOS Act 47 A,B,C,D,E,H,

•5 business days to notify DOE and the TPS Director (via PRISMS) of a student default

•14 days to report the cancellation of a student’s enrolment

•28 days to finalise

•A further 7 days to report the outcome via PRISMS

Refer FAQS document Page 8 / 2.5 and PRISMS User Guide

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ESOS Act – Amendments Bill December 2013•More clarification around refund of ‘Tuition Fees’ before and after commencement of study.•Clarification on refunds when a visa is refused •Removal of ‘pre paid fees’ and all references to ‘pre paid fees’ throughout the ESOS Act and replace with ‘Tuition fees’.

The updates were made to ensure refund requirements are clearer to providers and students.

Refer:FAQS document https://prisms.deewr.gov.au/Information/News/News.aspx?NewsId=485Calculation of unspent pre-paid fees – provider default -http://www.comlaw.gov.au/Details/F2012L01351Calculation of unspent pre-paid fees – other cases -http://www.comlaw.gov.au/Details/F2012L01378

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Refund in the case of Visa refusalsEFFECTIVE 1 JULY 2014 –UPDATE YOUR REFUND POLICY:Method for working out amount of refund in event student fails to start a course due to visa refusal (1) This section applies if: (a) a registered provider is required to provide a refund to a student under section 47E of the Act because: (i) the student was refused a student visa; and (ii) the refusal was a reason for the student’s failure to start the course on, or withdrawal from the course on or before, the agreed starting day; and (b) section 8 does not apply.

(2) For subsection 47E(2) of the Act, the amount of a refund is the amount of the course fees, minus the lesser of the following amounts: (a) 5% of the amount of course fees received by the provider in respect of the student before the default day; (b) $500.

(3) For subsection (2), the course fees for a course is the sum of: (a) the tuition fees received by the provider in respect of the student; and (b) the non-tuition fees (if any) received by the provider in respect of the student.

Refer – https://internationaleducation.gov.au/Regulatory-Information/Documents/Fact%20Sheet%20ESOS%20refund%20specification%2040714%20(2).pdf ESOS Act 2000 47E(4) And…http://www.comlaw.gov.au/Details/F2012L01378 (4)

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Refund in the case PROVIDER DEFAULT OR No compliant agreementNEW RULES EFFECTIVE 1 JULY 2014Refunds in the case of Provider Default or where there is no compliant agreement between the provider and the student will be calculated as per the ‘Calculation of Refund Specification 2014’ as per the link: http://www.comlaw.gov.au/Details/F2014L00907

Method for working out amount of refund of tuition fees in event of provider default For subsection 46D(6) of the Act, the amount of a refund of tuition fees received by a registered provider in respect of a student is calculated as follows: refund amount = weekly tuition fee × weeks in default period

Method for working out amount of refund if provider does not enter into compliant student default agreement             (1)  This section applies if a registered provider is required to provide a refund to a student under section 47E of the Act because the provider has not entered into an agreement with the student that meets the requirements of section 47B of the Act.             (2)  For subsection 47E(2) of the Act, the amount of a refund is calculated as follows: refund amount = weekly tuition fee × weeks in default period

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Refund in the case of STUDENT DEFAULT

Method for working out amount of refund in event of other student default              (1)  This section applies if:                     (a)  a registered provider is required to provide a refund under section 47E of the Act

because of a default by a student; and                     (b)  section 8 and section 9 do not apply.

Note   This section would apply where a student whose visa has been refused has withdrawn from the course after it commenced, or has failed to pay an amount he or she was liable to pay the provider in order to undertake the course.

             (2)  For subsection 47E(2) of the Act, the amount of a refund is calculated as follows: refund amount = weekly tuition fee × weeks in default period Also refer:http://www.comlaw.gov.au/Details/F2012L01378

https://internationaleducation.gov.au/Regulatory-Information/Documents/Fact%20Sheet%20ESOS%20refund%20specification%2040714%20(2).pdf

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APPLICATION FEESYou are not required to refund application fees but ensure it is very clear to students!

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ESOS ACT AMENDMENTS Ensure your written agreement has been updated since 1 July 2012 & Refund policy at the minimum.

•Also refer:https://internationaleducation.gov.au/Regulatory-Information/Documents/Fact%20Sheet%20ESOS%20refund%20specification%2040714%20(2).pdf

And…http://www.comlaw.gov.au/Details/F2012L01378

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POSSIBLE ESOS ACT AMENDMENTS 2015BIG CHANGES COULD BE COMING …

• Change to registration periods for RTOs ( up to 7 years)• Change to reporting requirements for Student defaults (remove requirement)• Change to timeline reporting on changes to enrolment (14 to 31)• Designated account – remove• Removing limited 50% payment and limitation for next payment of tuition fees• Remove study period requirement for written agreements

DO NOT CHANGE ANYTHING UNTIL THE BILL IS APPROVED AND A DATE OF EFFECT IS RELEASED.

Refer:https://submissions.education.gov.au/forms/Exposure-drafts-of-Education-Services-for-Overseas-Students-Bills/pages/index

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NATIONAL CODE EXPLANATORY GUIDENATIONAL CODE EXPLANATORY GUIDE

https://internationaleducation.gov.au/Regulatory-Information/Education-Services-for-Overseas-Students-ESOS-Legislative-Framework/National-Code/nationalcodepartd/Pages/ESOSNationalcode-PartD.aspx

Compliance tips, scenarios, questions and answers for each Standard of the National Code

Keep evidence of essential advice found on file.

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NATIONAL CODE AND ESOSNC Part D 15 Standards to the National Code – do you have policies and procedures for each?

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MARKETING MATERIAL - * common non compliance*

• Website• Course material• Accurate costs and durations of courses• Advertising material - • Email signatures• Handbooks/Prospectus etc• Procedure in place prior to changes being made

FULL LEGAL ENTITY CRICOS PROVIDER CODE AND

CRICOS COURSE CODES

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NATIONAL CODE AND ESOSPre-enrolment engagement of students (Standards 1-4)

• Go to http://cricos.deewr.gov.au– Ensure courses are current with correct cost and durations * common non compliance*

• Include CRICOS Course Codes as well as Training Package Codes * common non compliance*

• Ensure students are well informed PRIOR to signing student agreement check Standard 2 requirements * common non compliance*

• Evidence of procedures being implemented- eg evidence of the process of your assessment of entry requirements prior to issuing an Offer. * common non compliance*

• Written agreement with the student before (or at the same time as) accepting course money from the student. – keep evidence

• Agents – Current signed written agreements & evidence of monitoring and details on your WEBSITE * common non compliance*

****KEEP EVIDENCE****

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NATIONAL CODE 2.1 - * common non compliance*

• 2.1 Prior to accepting a student, or an intending student, for enrolment in a course, the registered provider must provide, in print or through referral to an electronic copy, current and accurate information regarding the following:

• a. the requirements for acceptance into a course, including the minimum level of English language proficiency, educational qualifications or work experience required and whether course credit may be applicable

• b. the course content and duration, qualification offered if applicable, modes of study and assessment methods • c. campus locations and a general description of facilities, equipment, and learning and library resources available to

students • d. details of any arrangements with another registered provider, person or business to provide the course or part of the

course • e. indicative course-related fees including advice on the potential for fees to change during the student’s course and

applicable refund policies • f. information about the grounds on which the student’s enrolment may be deferred, suspended or cancelled • g. a description of the ESOS framework made available electronically by DET, and • h. relevant information on living in Australia, including:

i. indicative costs of living ii. accommodation options; and iii. where relevant, schooling obligations and options for school-aged dependants of intending students, including that school fees may be incurred.

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POLICIES AND PROCEDURES REQUIRED TO BE GIVEN POLICIES AND PROCEDURES REQUIRED TO BE GIVEN TO STUDENTS - TO STUDENTS - PRIOR TO ENROLMENT PRIOR TO ENROLMENT

1. Refund Policy NC Standard 3 (must included in written agreement/contract)2. Younger Students Policy NC Standard 5 if applicable3. Summary of Critical Incident Policy and Procedure and Emergency Evacuation Procedures NC

Standard 64. Transfer between registered providers policy and procedure NC Standard 75. Complaints and Appeals Policy NC Standard 86. Monitoring Course Progress Policy and Procedure NC Standard 107. Monitoring Attendance Policy and Procedure NC Standard 118. Course Credit/RPL Policy and Procedure NC Standard 129. Deferring, suspending or cancelling student’s enrolment Policy and Procedure NC Standard 13Ensure you can prove this is done prior to enrolment, orientation is too late!* common non compliance*

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NATIONAL CODE AND ESOSCare for and services to students (Standards 5-6)

Under 18 students? Do you accept their welfare? OR Do you only accept if they stay with their parents/Guardian?

• You must ensure you policies and procedures are adequate to cover all the requirements, if you sign a Confirmation of Appropriate Accommodation and Welfare (CAAW) letter you are responsible during those dates.

• You are responsible for homestay even if you subcontract it * common non compliance*

• Orientation – checklist to ensure you don’t miss any key requirements• Student Welfare Officer/s – can they talk about policies and procedures relevant to

them?• Critical Incident Policy and Emergency Evacuation Plans• Staff who interact directly with overseas students must be aware of your obligations

under the ESOS framework. * common non compliance*

**KEEP EVIDENCE**

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NATIONAL CODE AND ESOSStudents as consumers (Standards 7-8)

• Letter of Release – unless to the detriment of the student• Keep decisions and reasons on student files * common non compliance*

• Complaints and Appeals – internal ~ external appeals• One external appeal? Make sure clear in policy! * common non

compliance*

• Overseas Student Ombudsman http://www.oso.gov.au/ * common non compliance*

**KEEP EVIDENCE ON STUDENT FILE**

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NATIONAL CODE AND ESOSThe student visa programme (Standards 9-13)

• Standard 9 – don’t forget! Completed in Expected Duration• Ensure COE Start and end dates are correct and reflect exactly what the students are doing• Monitoring progress – clear definition of what satisfactory progress is• Implement your intervention strategies and keep evidence * common non compliance*• Monitoring attendance – keep evidence – check your calculation method over the whole

study period?? * common non compliance*• Allow time for complaints/appeals process * common non compliance*• Warning letters, Notice of ‘Intention’ to Report * common non compliance*

Course credit/RPL implications on COE• Deferments, suspensions, cancellations – clear behaviour rules, clear policies and

procedures• Compassionate or compelling circumstances * common non compliance*• STUDENT RULES need to include what students may be cancelled for.

EVIDENCE EVIDENCE EVIDENCE

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NATIONAL CODE AND ESOSStaff, educational resources and premises (Standards 14-15)

• Moving premise, notifying students• Adequate staff and resources ***(hard copy and online) *** A common non

compliance! – ensure you definitely have enough to meet course, domestic framework and industry requirements… more is best!

• Ensure TAS/ CURRICULUM & TIMETABLES ARE CURRENT with modes of study accurate & simulation / work placement is very clear and correct

• You cannot sell your business and transfer CRICOS • Talk to regulator and work out a strategy• New owner or high managerial agents

Section 5 of the ESOS Act defines a high managerial agent of a provider as being an employee, agent or officer of the provider with duties of such responsibility that his or her conduct may fairly be assumed to represent the provider in relation to the business of providing courses.

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STUDENT AND STAFF FILESSTUDENTS – check current studying students backwards, ensure you have all evidence easily found whether hard copy or electronic files

STAFF FILES – ensure resumes, certificates are current, ensure reviews are up to date

• BACK UP RECORDS REGULARLY

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STAFF FOR AUDITSSTAFF FOR AUDITSUSUAL MINIMUM STAFF REQUIRED –• PEO• College Manager• Compliance Officer/s• Student Welfare Officer• Person who conducts orientation• Person who issues COE’s

HAVE ON STANDBY –• Administration Staff• Finance Staff• Academic Heads of Department• Marketing head of department

If you are concerned as a staff member will be away ask prior to audit who will be required to ensure you have those needed on the day.

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DON’T FORGET!• Letters of Offer - Study periods; Tuition ~ Non Tuition Fees shown separately. * common non

compliance*

• Written Agreements – Full Refund Policy, Personal Information that may be shared * common non compliance*

• Obligation to remind students to advise of change of address & phone and email& keep evidence of your 6 monthly reminder to students * common non compliance*

• Minimum requirements for Student Handbook as per National Code

• Student Handbook ~ Staff Handbook

• ESOS Act 2000 providers MUST update student records on PRISMS within 14 days changes to a students enrolment including if a student starts or does not start on the specified date. * common non compliance*

• Student files must be retained for 2 years after student ceases study.• Keep Student files up to date and evidence on files. * common non compliance*• BACK UP ELECTRONIC FILES

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SUMMARY1. Marketing material and Website - vulnerable for spot audits ensure it

is current and correct! * common non compliance*

2. Recording and keeping evidence * common non compliance*

3. PRISMS Accuracy * common non compliance*

4. Amendments ESOS Act 2000 2012, 2013 & 14

5. Policies and Procedures

6. Student and Staff files

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FOLLOW UP ACTION:FOLLOW UP ACTION:1. Review your website as an urgent priority * common non compliance*

2. Check your Student files (current students backwards) to ensure evidence is available,

COEs current, everything signed and dated. * common non compliance*

3. Check your Legal Entity , CRICOS Provider & CRICOS Course Codes are correct and

across all marketing material including email signatures * common non compliance*

4. Check you have a policy and procedure for every standard of the National Code

5. Are your hyperlinks still current? AEI to International Education?

6. Check templates letters and forms are current and quote correct legislation and

departments * common non compliance*

7. Review your Letter of Offer and Written Agreement to ensure it is compliant from July

2012 * common non compliance*

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FOLLOW UP ACTION:FOLLOW UP ACTION:8. Review all of your course scope for currency both domestic and CRICOS * common non compliance*

9. Check PRISMS for accuracy – use Reports

10. Ensure you have evidence to prove procedures have been implemented * common non compliance*

11. Ensure all contracts / agreements are current, signed and dated including agents and 3rd parties. *

common non compliance*

12. Keep evidence that you monitor as per your agreement/s. * common non compliance*

13. If you have work placement ensure you have procedure and agreements in place.

14. Check Staff files and resumes are up to date. * common non compliance*

15. Ensure your resources are adequate and meet domestic framework and course requirements. *

common non compliance*

16. Current Training and Assessment Strategies (RTOs only) / Curriculum other sectors * common non

compliance*

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