Understanding the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code)

Understanding the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code)

SUKH SANDHU

The National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) is an essential regulatory framework that governs the provision of education and training services to international students in Australia. 

The National Code sets out the standards that must be met by registered providers of education and training to overseas students under the Education Services for Overseas Students Act 2000 (ESOS Act). The National Code was last revised in 2018 to align with changes in the VET sector and strengthen protections for international students. 

The Education Services for Overseas Students Act 2000 (ESOS Act) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) are both regulatory frameworks designed to ensure the protection and welfare of international students studying in Australia. However, they differ in their scope and specific requirements.

The ESOS Act is the primary legislative framework governing the standards and quality of education and training provided to international students in Australia. It sets out the requirements for registration of education providers, the provision of accurate and timely information to students, and the protection of student fees through the Tuition Protection Service (TPS). The ESOS Act also requires education providers to comply with the National Code.

The National Code is a set of guidelines that provides more specific and detailed requirements for education providers in their interactions with international students. The National Code sets out the standards for educational programs, student support services, and the rights and responsibilities of students and providers. It covers areas such as course entry requirements, course progress, attendance and participation, academic progress and assessment, and complaints and appeals processes.

While the ESOS Act and National Code share common goals, the National Code is more specific in its requirements and is designed to ensure that international students are treated fairly and equitably throughout their study experience. The National Code also includes provisions for monitoring and compliance, with education providers required to undergo regular monitoring and review to ensure ongoing compliance.

Overall, the ESOS Act and National Code work in conjunction to provide a comprehensive framework for the regulation and quality assurance of education and training provided to international students in Australia. While the ESOS Act provides the overarching legislative framework, the National Code provides more detailed guidance and requirements for education providers to ensure the best possible outcomes for international students.

In this article, we will discuss the main features of the National Code and how it affects RTOs in Australia.

Scope and Application

The National Code applies to all registered providers of education and training services to overseas students in Australia. The National Code sets out the standards that must be met by providers to ensure the welfare and academic success of overseas students. The National Code applies to all courses offered to international students in Australia, including VET courses.

Student Recruitment and Marketing

The National Code sets out clear guidelines for the recruitment and marketing of education and training services to overseas students. Providers must ensure that all marketing materials are accurate and not misleading, and must provide prospective students with clear and concise information about the course, including course fees, entry requirements, and the rights and responsibilities of students.


Student Support Services

The National Code requires providers to provide appropriate support services to overseas students, including orientation programs, academic support, and pastoral care services. Providers must ensure that support services are accessible, effective, and responsive to the needs of overseas students.

Delivery of Courses

The National Code sets out the requirements for the delivery of courses to overseas students, including course content, delivery modes, and assessment methods. Providers must ensure that courses are delivered in accordance with the requirements of the relevant training package and that students are provided with the necessary resources and support to successfully complete the course.

Monitoring and Reporting

The National Code requires providers to monitor and report on the academic progress and welfare of overseas students. Providers must have systems in place to identify and respond to students who are at risk of not meeting course requirements, and must provide students with regular feedback on their academic progress.

Complaints and Appeals

The National Code sets out clear guidelines for the handling of complaints and appeals by overseas students. Providers must have a complaints and appeals process in place that is accessible, fair, and transparent. Providers must also provide students with information about their right to appeal a decision and the process for doing so.

Record Keeping and Reporting

The National Code requires providers to keep accurate records of all aspects of the education and training services provided to overseas students. Providers must also submit regular reports to the relevant government authorities, including information about course enrolments, student progress, and student satisfaction.

Compliance and Enforcement

The National Code provides a framework for compliance and enforcement to ensure that providers of education and training services to overseas students are meeting their obligations under the ESOS Act. The National Code sets out the consequences for non-compliance, including fines, sanctions, and cancellation of registration.

In conclusion, the National Code of Practice for Providers of Education and Training to Overseas Students 2018 is an essential regulatory framework that governs the provision of education and training services to international students in Australia. The National Code sets out clear guidelines for the recruitment and marketing of education and training services to overseas students, the delivery of courses, student support services, monitoring and reporting, complaints and appeals, record keeping and reporting, and compliance and enforcement. It is essential that RTOs comply with the National Code to ensure the welfare and academic success of overseas students and maintain their reputation as a provider of high-quality education and training services. 

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