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*** 澳洲教育部對國際學生的新法規 ***
New ESOS Act Australia pushes through changes to the ESOS Act Changes made by the Australian government to the Education Services to Overseas Students (ESOS) Act came into effect last month, designed to provide greater flexibility for providers, students and agents.
The amendments, first published for consultation earlier in 2015, cover areas such as tuition fee payment, provider reporting on defaults and refunds, streamlined registration and internal reviews of decisions affecting a provider's registration. One of the most significant changes for students is the removal of the upfront 50 per cent course fee payment limit. From now, students can choose to pay more than half of the fees before they commence a course, although a provider cannot require them to do so. In a briefing document for members, language school association English Australia said these payment changes would allow students and those paying on their behalf to take advantage of favourable exchange rates or have the convenience of making only one payment. There are also no longer any restrictions on collecting tuition fees after a student has started a course. Previously long-term students could not pay for their second study period (which was defined as 24 weeks) until two weeks before it commenced. The previous maximum 24-week definition of a study period has been removed, which will allow students and providers to agree a payment plan for remaining fees, English Australia said. The ESOS Act amendments have also altered reporting requirements on providers. Schools no longer need to report a student default within five business days, and the timeframe for reporting a change to a student's enrolment has increased from 14 to 31 days. English Australia said the changes would allow providers more time to establish if a student has genuinely defaulted, and would reduce the risk of students unwittingly breaching visa conditions if they have a legitimate reason for being absent. Brett Blacker, CEO of English Australia, told StudyTravel Magazine, "Amendments made in relation to the removal of the definition of study periods, flexibility in the payment of tuition fees that now provides the choice to pay above the previous capped 50 per cent prior to course commencement and the changes to reporting student defaults and refunds are all welcomed. These practical amendments to the legislation should reduce elements of administrative burden on colleges and have been positively received." From July 1, providers will be able to apply for an internal review of decisions made by an ESOS body about their registration on the Commonwealth Register of Institutions and Courses for Overseas Students (Cricos), without the need for appeal to the Administrative Appeals Tribunal, reducing potential costs for affected schools. Providers must appeal within 30 days of a decision being made. The Australian Skills and Training Authority (ASQA), the Tertiary Education Quality and Standards Authority (TEQSA) and the Department of Education and Training are the ESOS bodies. And changes have been made to streamline registration, meaning ESOS agencies can register providers for up to seven years, and can also align ESOS registration with domestic registration, potentially reducing duplication of information requests. Brett praised the way the government incorporated industry views in the drafting of the legislative changes. "The Department of Education and Training's consultative approach to this review was the catalyst for the overall positive outcomes from these amendments. English Australia is pleased that the majority of these amendments will provide benefit to our member colleges." However, Brett lamented that a proposed amendment ending the requirement for providers to hold funds in a designated account was not passed. "The requirement for private education providers to hold pre-paid fees in a designated account remains inequitable, has no relationship to provider risk and is outdated. This requirement disadvantages English Australia's private education providers known for their high quality," he said. He continued, "The designated account is not a trust or secured account and is only required for student visa holders. Whilst the number of providers defaulting in Australia is low overall, if the provider defaults due to financial issues there is very little chance funds will be retained in any designated account. As the ESOS Act and scope of the Tuition Protection Service (TPS) only cover student visa holders, other students that may be on a visitor or working holiday visa are not covered through this provision." Brett said that English Australia was the first organisation to implement a Tuition Assurance Scheme to safeguard all students against provider defaults. "Whilst TPS covers student visa holders, any student studying on a visitor or working holiday visa at an English Australia member college has the added peace of mind that they will be supported should any unforeseen defaults occur." By Matthew Knott
News Editor
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