Murdoch University International Students ESOS Legislation Operating Guidelines

This document defines the guidelines for Murdoch University staff to follow in order to comply with the legislative requirements of the ESOS Act 2000 and the amendments to the Migration Act. The changes to the ESOS Act came into affect on June 4 and the Migration Act on July 1 2001.

The document contains guidelines for

• CRICOS
• Promotion
• Course packaging
• Enrolment
  • full time enrolment
  • leave of absence/intermission
  • the "2 fails in a unit" ruling
  • advanced standing
  • attendance
• Appeal/Grievance Procedures
• Reporting

1. INTRODUCTION

The legislation aims at improving the accountability of Providers of education services to full-fee international students through the provision of approved courses, services and facilities and to ensure international students are involved in full time study with the goal of completing their course in the minimum time. One of the main thrusts of the ESOS Legislation and DIMIA Regulation changes is to ensure that students not satisfying course progression requirements are properly identified and to limit the level of flexibility open to students to extend their duration of study.

The University's course progression policies provide Schools with the authority to make choices in the management of student's study program. This includes ensuring individual needs can be met and to allow students the best opportunity to successfully complete their course of study.

It is the student's and Academic staff's responsibility to ensure the academic flexibility provided does not place the student at risk in terms of visa cancellation prior to completion of their studies.

2. DEFINITIONS

3. CRICOS

3.1 Policy

The ESOS Act requires providers of courses to international students to register their institution and the courses they offer with DEST. The State Office of Education Services (DES) on behalf of the state Education Minister approve registration before a course code is allocated and the details recorded on the CRICOS register. Providers and their agents must not promote a course to overseas students unless it is registered on CRICOS.

Courses can only be offered on a full time basis. Part time or distance education (within Australia) is not acceptable.

3.2 Guidelines

Once Divisions have obtained Academic Council approval for the introduction of a new course or agreed to accept international students into an existing course, CRICOS approval needs to be obtained.

The administration of the CRICOS approval process is a Murdoch International responsibility. The contact in Murdoch International is the Manager, Admissions Services Patricia Webster ext 6162.

Murdoch International:

• the Manager, Admissions Services will forward the CRICOS application to DES who will assign a CRICOS number once approval for the course has been given by the Minister. DES charge AUD$500 for each individual course registered.

Approval can take up to three months so early submission of documentation is recommended. Once a CRICOS code has been allocated for the course:

• the CRICOS code and the provider code should appear on all promotional material for the course.

Prior to CRICOS approval, promotional material can be circulated but:

• it must clearly state the course is subject to CRICOS approval;
• applications or fees cannot be accepted from applicant for places in courses not CRICOS approved.

Where a course is simply awaiting Ministerial approval the course description can be included in promotional material with the following statement boldly marked:

• "Awaiting Federal government CRICOS endorsement at the time of publication. International Student visas cannot be issued without a CRICOS code. Please check on the status of the course before making an application.".

As the International promotional materials are produced one year in advance, a course may still be in the University's approval processes at the time of publication. If this is the case the course can be listed (without a full description) and the following statement should be used:

• "The University hopes to offer the following course to International Students in 200x but must first gain University approval and government CRICOS endorsement. Check the University website for latest information on availability to International Students before making an application. International Student visas cannot be issued without a CRICOS code."

3.3 Documentation:

Murdoch International has developed a CRICOS register to track the approval process and hold the CRICOS codes for all Murdoch courses.

An audit of Murdoch courses on CRICOS will be undertaken quarterly to ensure accuracy and a regular update procedure will be implemented to ensure the accuracy is maintained.

4. PROMOTION

4.1 Policy

The ESOS regulations require that, once CRICOS approval has been granted, marketing/publicity information for the course must be accurate, clear and unambiguous. A provider must not accept a student for enrolment unless it has provided certain information to the student including:

• general description of content,
• level of qualification,
• course duration,
• teaching methods,
• assessment methods,
• if a course is jointly provided, the name of both providers,
• refund policy, and,
• recognition of course.

For each course the following information has to be provided:

• facilities,
• equipment,
• learning resources,
• fees payable, (including listing additional fees such as laboratory fees etc)
• the minimum level of English required,
• an accurate representation of the local environment, including location of campuses and indicative cost of living, and,
• advice that any school aged dependants accompanying them to Australia will be required to pay full fees if they are enrolled in either a government or non-government school.

(NOTE: The rules for dependants of undergraduate and postgraduate students are different. Please check with the Manager, Student Services on ext 6770)

4.2 Guidelines

A checklist of the range of publications and materials, including web sites produced by the University and information that should be located in each document has been circulated to Divisions and will be posted on the Murdoch University web site to ensure publications requiring ESOS compliance, are compliant.

Murdoch International will:

• provide generic information relating to visas, a campus based general description of the local environment, living costs, services and facilities and a School based statement regarding equipment and learning resources. (Divisional staff can access this information for use in their publications or it can be referred to on the Murdoch International web site);
• provide this information to applicants and more specific refund policy information as part of the Offer process.

Applicants accepting an offer will be required to:

• acknowledge that they have been able to access, read and accept the conditions of the offer.

Note : 1. The fee payable listed on the Murdoch International web site and in the International Prospectus (the course and entry requirements section) represents the annual course fee only. Additional fees such as amenities and OSHC fees are referred to in the Divisional Brochures separately. If Schools have any other voluntary fees such as the cost of printing supplementary course material, which are payable by international students they should advise Murdoch International for inclusion in the appropriate publications and websites.

Note : 2. In discussions with DEST, broad based agreement has been reached that information that needs to be provided before a student can be accepted for enrolment can be provided on a campus rather than a course basis.

5. COURSE PACKAGING

5.1 Policy

The ESOS legislation promotes the use of package courses but there is no obligation for the University to offer this option to applicants.

5.2 Guidelines

Murdoch International will administer the offering of package courses.

Package options will be available for Murdoch College (TEE and WAUFP), to Murdoch University and ELICOS to Murdoch College and Murdoch University.

Applications for the Unilink/ undergraduate courses will come in via Taylors College who will promote the package option. Taylors have been given authority to:

• offer places in accordance with the agreed standard offer categories granted to
  Murdoch International.

Package options will be available for:

• Murdoch College (TEE and WAUFP) to Murdoch University
• ELICOS to Murdoch College to Murdoch University
• Taylors College (ELICOS to Unilink) to Murdoch University
• Tuart/ Canning College (TEE , Unilink and WAUFP) to Murdoch University

The University will retain the right to make 'conditional' offers and issue the necessary eCOE for the degree.

For all other applications Murdoch International will:

• forward the applications as per usual to Schools for assessment and,
• if an offer is to be made, send out the packaged offer. (It should be noted that the English language and financial criteria that a student needs to meet are those applying to the principal course, not the first course).
• record the application details on Callista for the anticipated commencement
  semester/year (which may be up to two years in advance).

If Schools would like to extend existing packaging arrangements (eg at the Graduate Diploma/Masters level), Schools should:

• contact the Manager, International Admissions who will manage the
  arrangements.

Where an offer or conditional offer can be made for the principal course, Murdoch International will:

• arrange a package offer and specify the principal course. (Applicants being offered a package will be given a full offer for the first course and a conditional offer for the second or principal course - assuming it is a 2-course package).

To accept a package offer, applicants will:

• pay the full deposit for the first course and a deposit of $1000 for the second course;
• this deposit will be offset against the course fee when the student enrolls in the University course.

6. ENROLMENT

6.1 FULL TIME ENROLMENT

6.1.1 Policy

Under Federal Government regulations, international students on a student visa must be enrolled in a full time course of study (para 30 National Code of Practice) in a registered course on campus.

6.1.2 Guidelines

As a general rule, students must be enrolled in a full time study load. Full time means a minimum of 9 credit points for full time course load (1 EFTSU) or .5 EFTSU for each of semesters one and two.

International students cannot choose to reduce their study load below 9 points.

However, in any of the following exceptional circumstances, approval may be given for a student to reduce their full time study load:

• a School requires a student to enrol in a reduced or part-time study load on grounds of unit failure and the need to repeat;
• a student is in the final year or final semester of a full-time course that requires less than full-time enrolment in order to complete the course. (Students who have a minimum of five units to complete will be permitted to spread their EFTSU load over Semester One and Two in their final year);
• a student is unable to enrol in a full-time study load because of a severe personal circumstance or medical condition, supported by professional opinion (registered psychologist or medical practitioner).

Note :

• The decision to reduce a study load below 9 points can only be made by and approved by the School and endorsed, or rejected by Murdoch International;
• To maintain a full-time on campus enrolment, if a student is enrolled in off campus study in any one semester, then 75% of enrolment must be on campus
• External study is not permitted, except in exceptional personal circumstances.

6.1.3 Documentation

Where a School has approved the reduction of a student's study load, the School will:

• provide the student with a letter confirming the decision including the basis upon which approval has been granted and the date the decision is to take effect;
• send a copy of the letter and full documentation to the Manager, Admissions Services to be placed on the student's file;
• Murdoch International will insert a note detailing the decision on Callista.

6.2. LEAVE OF ABSENCE/INTERMISSION

6.2.1 Policy

Under Government regulations, leave of absence (LOA)/ intermission can only be approved on grounds of genuine illness or compassionate reasons (para 38 National Code of Practice).

6.2.2 Guidelines

The application of a student for LOA/intermission can be approved on compassionate grounds in the following circumstance:

• illness or severe personal circumstance certified by a medical practitioner or registered psychologist, in english;

Where circumstances aside from the above arise and a student is required to withdraw from their course of study, and the School approves the withdrawal, Murdoch University may:

• offer guaranteed re-admission to the course for a maximum period of 12 months however, a longer period may be negotiated with individual schools. Students wishing to continue study in the course will be required to re-apply for admission.

Student withdrawal from studies:

• Murdoch University is required to cancel the student's Student Visa.
• Students will have to apply for a new Student Visa if they wish to continue their studies.

6.2.3 Documentation

Where a School approves a LOA/intermission application or a course withdrawal, the School will:

• provide the student with a letter confirming the decision including the basis upon which approval has been granted and the date the decision is to take effect;
• send a copy of the letter with full documentation to the Manager, Student Services, Murdoch International to be placed on the student's file;
• Murdoch International will then record the outcome on Callista .
• obtain a signed statement from student that the student has obtained advice concerning the visa implications of their leave application.

To expedite the decision, the student should provide the original or certified copy of:

• medical certificate or supporting documentation from registered psychologist/medical practitioner;
• departure ticket to be sighted.

Note: Students should be informed of the following by Murdoch International:

• even though their School may have approved their application for LOA/intermission, DIMIA may not accept the reasons provided and may proceed to cancel a visa and impose a three year ban on re-application for student visa.
• information concerning the leave/intermission will be transmitted to DIMIA who are likely to make enquiries concerning the reasons for leave and are able to check movement records to determine whether a student has left Australia.

6.3 THE "TWO FAILS IN A UNIT" RULING

6.3.1 Policy

Under Federal Government legislation, international students on a student visa cannot repeat any unit more than once (para 40 National Code of Practice).

6.3.2 Guidelines

Schools will take the following action:

• contact Murdoch International with details of all international students who have failed a compulsory unit. Murdoch International will contact each student to ensure they are aware of the legislation and the implications should they not succeed at the second attempt;
• identify students who have failed the same unit twice once Board of Examiners have finalised results;
• forward the listing of students who have failed a compulsory unit and students who have failed the same unit twice to Murdoch International;
• counsel students facing re-enrolment in a failed compulsory unit to identify areas of concern and be referred to the appropriate University support services.

If a student fails a repeat unit, which is a compulsory unit, and if in the School's view there are extenuating circumstances justifying re-enrolment in the unit,

• Schools will forward all relevant documentation to Murdoch International;
• Murdoch International will present the case to DIMIA and seek a written response;
• Until the outcome of this negotiation is known, Schools will not permit the student concerned to re-enrol in the failed unit.

If a student has failed the same unit twice and is unable to re-enrol or has been prevented from re-enrolling in their course, Murdoch International will:

• transmit the information to DIMIA via PRISMS (and directly to the state DIMIA office) and report the student as not meeting course requirements;
• advise the School and the student at the time of this action;
• where this information is available, advise the school of the outcome of any action taken by DIMIA.

Note : The legislation took effect from June 4 and is not retrospective. For ESOS purposes, enrolment in semester 2/2001 is treated as the first attempt of a unit.

6.3.3 Documentation

Where a Program Chair recommends that a student who has failed a compulsory unit twice be permitted to re-enrol in the failed unit, the School will:

• provide the student with a letter confirming the decision and outlining the reasons why a re-enrolment recommendation has been made;
• send a copy of the letter and full documentation to Murdoch International to be placed on the student's file;
• Murdoch International to liaise with Office of Student Services (OSS) to ensure the student's record in Callista is accurate.

6.4 ADVANCED STANDING

6.4.1 Policy

Under Federal Government regulations, providers must have a formal process for conducting and recording credit (para 31 National Code of Practice) and if credit is given the provider must not allow the student to study less than a full time load (para 33 National Code of Practice).

6.4.2 Guidelines

Formal arrangements in each School for the assessment of credit should include:

• provision for recording of decisions on Callista once decisions have been made;
• where possible, credit/advanced standing should be assessed in time to be included in the initial eCOE ie, prior to offer;
• where this is not possible, Murdoch International will advise the student that "if credit is assessed and approved at a later date, the student must still maintain a full time enrolment load"

Where credit is granted on/after enrolment this notice of advanced standing being granted:

• must be signed by the student and forwarded to Manager, Admissions Services of Murdoch International to be placed on the student's file;
• Murdoch International will run regular audits on Callista to identify advanced standing awarded post enrolment;
• Murdoch International will confirm with Schools the new expected completion date before issuing a new eCOE and providing a copy to the student.

6.4.3 Documentation

Where a School grants advanced standing the School will:

• record the details in Callista and forward to Murdoch International who will include the details in the offer letter;
• for student's granted credit after visa issue, provide the student with a letter at enrolment outlining the credit offered for the student to sign and return to the School;
• send a copy of the letter to Murdoch International and full documentation to be placed on the student's file;

6.5 ATTENDANCE

6.5.1 Policy

Under Government legislation (para 35 National Code of Practice), providers are required to maintain attendance records. Universities however, are exempt from this requirement. DIMIA may request advice at any time regarding a student's attendance so there is an informal requirement of universities to maintain some form of record.

6.5.2 Guidelines

If it comes to the attention of a School that a student is not attending classes or if a request from DIMIA (via Murdoch International) is made to confirm a student's attendance, Schools will:

• attempt to contact the student and verify their attendance/discontinuation;
• access tutor lists, assignment submissions and supervisor reports which can all be used to provide a response.
• inform Murdoch International of this action via email;
• Murdoch International will place on the student record.

Once an outcome is known and if it is either non-attendance or discontinuation, School's will:

• record the discontinuation on Callista;
• advise Murdoch International;
• advise the student that a report has been made.

Murdoch International will:

• advise DIMIA via PRISMS.
• contact the student regarding a face to face interview

6.5.3 Documentation

Where DIMIA requests information from Murdoch International concerning student attendance, Murdoch International will:

• inform OSS of the request for information from DIMIA regarding a student's attendance to place the request on the student's file.

School's will:

• provide a copy of the discontinuation letter to Murdoch International who will place it on the student's file;
• forward copies of correspondence and meeting notes with students to
  Murdoch International to be placed on the student's file.

7. APPEAL/GRIEVANCE PROCEDURES

7.1 Policy

Under Government legislation, the University is required to provide arrangements for independent grievance handling/dispute resolution to allow for prompt resolution of issues (para 45 National Code of Practice). See Murdoch University's webpage for more information at http://equalopportunity.murdoch.edu.au/policy/equoppol.html

7.2 Documentation

Schools will:

• Advise students in writing of the outcome of grievance procedures;
• Forward a copy of the full documentation to Murdoch International
  to be placed on the student's file.

8. REPORTING

Procedures for reporting are as follows:

• Acceptance
  Once acceptance details and the deposit have been received from an international applicant, Murdoch International staff will confirm the student's enrolment via PRISMS through the issuing of an eCOE. This will identify the course of enrolment and the expected duration of the length of study (Non-arrivals will be reported to DIMIA upon completion of the first two weeks of semester). Applicants will receive a copy of the eCOE. The eCOE details will be recorded on Callista.
  
  
• Leave of absence(LOA)/intermission
  Schools will authorise LOA/intermission as per the guidelines (see point 6.2). Murdoch International will monitor Callista to identify LOA/intermission and will report the end and recommencement dates to DIMIA using PRISMS. Requests for information regarding the reason for the approval of leave may be sought from Murdoch International by DIMIA (see point 6.5). Murdoch International will negotiate on the student's behalf and will work with School and/or OSS staff to provide the necessary support. Murdoch International will advise the School of the outcome of the dispute.
  
  
• Attendance
  If it comes to the attention of academic staff that a student is not attending classes the School should advise Murdoch International. The School should contact Murdoch International and confirm attendance or intended discontinuation of the student. Murdoch International will contact the student to advise and assist as necessary. If appropriate, Murdoch International will record the discontinuation on Callista.
  
  
• Full time enrolment
  Schools will manage the enrolment of international students as per the guidelines (see point 6.1).
  
  There is no requirement for Providers to report enrolment loads of international students each semester. However, situations may arise where DIMIA seeks information concerning enrolment loads. Murdoch International will access this information on Callista and will respond to DIMIA.
  
  If a student under-enrols and ignores advice from acadmic staff, or Murdoch International, to increase their load the School should report the matter to Murdoch International who will follow up with the student and then refer the matter to DIMIA if necessary.
  
  Should DIMIA question enrolment loads, Murdoch International staff will assess the situation and if appropriate, provide the necessary support for the student. Murdoch International will advise the School/OSS of the outcome of the dispute.
  
  
• Advanced standing
  Advanced standing granted at the offer stage will be reflected in the eCOE issued by Murdoch International. The student will receive a copy of the eCOE.
  
  Murdoch International staff will monitor enrolment records to identify advanced standing granted after the initial enrolment. Murdoch International will send to Schools a list of students concerned for Academic staff to advise the new completion date. Murdoch International will then report this data to DIMIA via PRISMS by changing the anticipated completion date. The student will receive a copy of the new eCOE.
  
  
• Two fails in the one unit
  Murdoch International will identify students via extracts from Callista who have failed the same unit twice. Murdoch International will liaise with Schools to determine the enrolment implications of this failure
  
  If a student is not permitted to re-enrol because of a second failure in a repeat unit, then the School should discontinue the enrolment. The student will then be reported by Murdoch International through PRISMS as not meeting course requirements.
  
  Extenuating circumstances may arise whereby a School believes a student should be permitted to re-enrol. In this situation, Murdoch International will liaise with DIMIA on behalf of the student.
  
  
• Course completion
  Murdoch International staff report course completions to DEST each semester. Murdoch International staff will monitor Callista to identify early course completions and report them to DIMIA. A course is complete when a student has met the requirements for its completion and a completion date is entered into Callista. For immigration purposes early completion is defined as course completion 5 months or more before visa expiry.
  
  
• Appeals process
  It is anticipated that some students will appeal decisions taken by DIMIA to cancel student visas. Students considering appealing visa rejection or cancellation decisions should be referred to Murdoch International (Assistant Manager, Student Services ext: 6777). Murdoch International will refer to all relevant information on the student's file and will provide counsel and support to students in cases where it is determined that support should be provided. Murdoch International will advise the School the outcome of the appeal process.