Australian education providers are reinforcing their commitment to providing a positive and transparent experience for overseas students by implementing written agreements. These agreements, required by Standard 3 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018, ensure that the rights and obligations of both the students and the providers are clearly defined and upheld.
The Australian international education and training sector has long been recognised for its excellence and gained a solid global reputation. Acknowledging the significance of the student experience in maintaining this standing, education providers are taking steps to ensure that students receive quality courses and support services.
Ensuring Fairness and Clarity
Written agreements between overseas students and education providers serve as formal contracts that outline the terms and conditions of the student’s enrolment. These agreements play a crucial role in maintaining fairness and reasonableness, particularly in cases where either party fails to meet their obligations. Refund terms, for instance, are clearly stipulated in these agreements, protecting the interests of both the students and the providers.
Guidance material has been developed to assist providers in complying with the requirements set out in the Education Services for Overseas Students Act 2000 (ESOS Act) and the National Code. This material aims to aid registered providers in understanding their obligations when negotiating and recording written agreements with overseas students.
Obligations and Key Components of Written Agreements
Under the ESOS Act and the National Code, registered providers must ensure that they have written agreements with overseas students or intending overseas students they enrol. These agreements can take any form if they meet the requirements. The agreements must be signed or accepted by the overseas student, their parent, or legal guardian if they are under 18.
The written agreements must include comprehensive information about the following:
- The course details
- Entry requirements
- Conditions of Enrolment
- Outline of fees, refund and cancellation policies
- Provider’s complaints and appeals processes
Additionally, the agreements should advise students of the required information and their rights under the Australian Consumer Law.
In terms of structure, the written agreements must be drafted in plain English and cover essential aspects, including:
- The course or courses in which the student will be enrolled
- Expected start dates
- Delivery locations
- Modes of Study and Prerequisites
They should also specify tuition and non-tuition fees, refund requirements, processes for claiming a refund, and the role of the Tuition Protection Service (TPS) in the event of a course not being delivered.
What Providers Must Do to Stay Compliant
Crucially, education providers must retain records of all written agreements and receipts of payments for at least two years after the student ceases to be enrolled. This aligns with the record-keeping requirements outlined in the ESOS Act and the Education Services for Overseas Students Regulations 2019.
Importantly, when a student is enrolled in consecutive courses with the same provider, a single written agreement can cover all the courses if the terms are identical.
Enhancing Equity in Written Contracts for Foreign Students in Australia
Recognising the importance of fairness in written agreements, the Commonwealth Ombudsman has released an Issues Paper on Improving fairness in written agreements between international students and Australian education providers. The paper offers case studies highlighting potentially unfair outcomes, explores the application of the Australian Consumer Law to these agreements, and provides suggestions for better practices to avoid disputes. Additionally, the Australian Skills Quality Authority (ASQA) has published a guide on provider default obligations under the ESOS Act, which outlines tuition assurance and refund information for overseas students.
By implementing comprehensive written agreements, Australian education providers reinforce their commitment to delivering an exceptional experience for overseas students. These agreements play a vital role in maintaining the integrity and reputation of Australia’s international education sector, ensuring that the rights and obligations of all parties are clearly defined and protected.
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