Standards and Rights

ESOS (Education Services for Overseas Students) Framework

(Source: ASQA Website)

 

The Australian Government wants overseas students in Australia to have a safe, enjoyable and rewarding place to study. Australia's laws promote quality education and consumer protection for overseas students; these laws are known as the ESOS framework.

 

This is the legal framework for the provision of education services to overseas students, and sets out the registration requirements and the ongoing standards for DIC.The framework provides a consistent national approach to the registration of DIC so that the quality of the training, and the care of students, remains high.

 

To provide education and training services to international students Durban International College must comply with rules and regulations required by the Australian Government and the National Regulator ASQA (Australian Skills and Quality Authority). Additionally, the College must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). CRICOS registration guarantees that DIC and the program you are undertaking meet the high quality standards set out by the Australian Government; DIC's CRICOS Provider Number is 02915G.

 

Durban International College takes its ESOS obligations seriously, and endeavours to deliver educational services of the highest academic standard and to promote them in the most ethical manner possible. It monitors students' compliance with their visa conditions and reports breaches to the Australian government.

 

Additional information on studying in Australia is available from the Department of Immigration and Border Protection (DIBP).

 

For detailed information about ESOS framework visit https://internationaleducation.gov.au/regulatory-information/pages/regulatoryinformation.aspx

 

Legislation

The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation is designed to protect the interests of students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education, to provide tuition protection and support the integrity of the student visa program.

Recent changes to ESOS

ESOS ACT, Regulations, National Code and Legislative Instruments

ESOS Charges and Levies Acts

 

Tuition Protection Service

The Tuition Protection Service (TPS) is a placement and refund service for international students. The TPS replaces the Tuition Assurance Scheme and the ESOS Assurance fund. Visit the TPS website for more information.

 

Student Obligations / Student Visa Requirements

According to the Department of Immigration and Border Protection (DIBP) you must provide evidence that satisfies the assessment (level) factors applicable to you to be granted a student visa. Assessment factors relating to the country of passport held by the student include your financial ability, English proficiency, likely compliance with the conditions of your visa and any other matters considered relevant to assessing your application. Additional information on student visa issues is available on DIBP website: http://www.border.gov.au 

 

Your responsibilities as an international student are imposed on you by the conditions of your student visa. The below summary of information should be read in conjunction with the Department of Immigration and Border Protection (DIBP) website and DICs Policies. While it is your responsibility to ensure that you comply with your visa conditions, DIC must also monitor your enrolment and notify DIBP of any breaches.

 

DIBP may cancel your student visa if you are found to have breached your visa conditions.

 

Your responsibilities include:

 

  • Maintaining enrolment and course progress
  • Achieving satisfactory academic progress and attendance
  • Paying fees on time
  • Notifying DIC of any change of address
  • Maintain visa length Overseas Student Health Cover (OSHC).
  • Meet the terms of your written agreement with your education institution.

 

Information about visa conditions for student visa holders is available on the Department of Immigration and Border Protection’s website at www.border.gov.au/Trav/Stud/More/Visa-conditions/visa-conditions-students, or call 131 881 on Monday – Friday from 8.30am – 4pm inside Australia (except public holidays).

 

Full Time study

Australian law requires International students to study at a full time study load. A full-time study load is normally a minimum of 20 hours per week for at least 36 weeks each calendar year or continuous 12-month period.

 

Student Transfer

Under the ESOS Framework National code Standard 7, DIC cannot enrol students seeking to transfer from another education provider before they have completed 6 months of the principal course of study except in certain circumstances. If a student wants to transfer before completing 6 months of the principal course, he/she will need to provide a letter of release from his/her current education provider before the transfer is accepted. The six months is calculated as six calendar months from the first day of the principal course. The principal course is usually the final course of study a student will undertake. For example, if you are studying ELICOS followed by a Diploma program, the Diploma program is your principal course. If you are considering requesting a transfer before completing 6 months of your principal course of study please contact the current education provider for a copy of the transfer procedure and the application form. Students do not need a letter of release if:

 

  • He/she has completed 6 months or more of the principal course.
  • He/she is a government sponsored student, and his/her sponsor supports a transfer.
  • The current education provider or course has ceased to be registered or a sanction has been imposed that prevents the provider from continuing to deliver the principal course.

 

For details, refer to Policy and Procedures on transfer between providers

http://www.durban.sa.edu.au/policies-procedure

 

Complaints and Appeals

DIC has a complaints and appeal policy & procedure to provide students with a fair and equitable process for resolving any disputes or complaints they may have. The dispute resolution procedure includes a requirement that an independent mediator be appointed at no expense of the student. If the student is dissatisfied with the resolution process undertaken by DIC, DIC will make no charge to the student for its dispute resolution process or referral to the independent mediator. If you have a complaint or appeal you should take the following steps:

 

  • Contact the Student administration to obtain a copy of the complaints and appeals procedure and the application form;
  • Complete the application form and lodge it with DIC; and
  • Follow up with DIC until the dispute is resolved.
  • Furthermore, the student is encouraged to seek external assistance where he/she is not satisfied with the outcome of the complaint. Durban international college is committed to provide all possible help to the aggrieved student to seek timely, fair and just resolution to his/her complaint.
  • The student agreement and the availability of complaint and appeal process, does not remove the right of the student to take action under Australia’s consumer protection laws. If the internal appeal process is completed and results in a decision that supports DIC, then student is advised in writing to seek external appeal within 20 working days. Student may institute external appeal process with;

 

Training Advocate
Ground Floor West
Level 5, 131 – 139 Grenfell Street, Adelaide 5000 (RAA Building)

Office hours:
Monday to Friday 9.00am – 5.00pm

Phone: (toll free) 1800 006 488

email: trainingadvocate@saugov.sa.au

 

OR

 

Overseas Students Ombudsman, Online complaint form available at

https://forms.australia.gov.au/forms/ombudsman/overseasstudents-ombudsman-complaint-form

E-mail: overseas.students@ombudsman.gov.au

Call: 1300 362 072* within Australia.

Outside Australia call +61 2 6276 0111.

Enquiries 9am to 5pm Monday to Friday (AEST)

Fax: 02 6276 0123 within Australia.

Outside Australia +61 2 6276 0123.

Postal: GPO Box 442 Canberra ACT 2601.

 

What standards are candidates assessed against?

In order to assess whether a candidate is competent, they are judged against established standards (often called benchmarks). These standards have been developed by industry and are called competency standards. Competency standards may also be referred to as units of competency. Competency standards are documents that define the competencies required for effective performance in the workplace in specific industries. Competency standards include the essential information needed to assess a candidate. Some enterprises have developed specific competency standards for their business.

In order to gain a formal qualification (e.g. a Certificate II or a Diploma), individuals have to be competent in a specified group of competency standards. Information on the qualifications and relevant competency standards are all outlined in industry based Training Packages. Training Packages consist of competency standards, information on qualifications and assessment guidelines to assist trainers and assessors.

 

What results do candidates get?

After someone has undergone a competency based assessment or a skills recognition assessment, they are either deemed ‘competent’ or ‘not yet competent’. If they are deemed competent, they will be issued with either a Statement of Attainment listing the units of competency they are competent in or a full qualification. If they are deemed not yet competent, they will be given feedback on their performance. All candidates have the opportunity to appeal their results and be reassessed.


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