Document ID: chunk:federal_register_of_legislation:F2017L01182:reg:5:p6
Version: federal_register_of_legislation:F2017L01182
Segment Type: reg
Provision Reference: reg 5 (pt 6/20)
Character Range: 30124–33497

in, dishonest recruitment practices, including the deliberate attempt to recruit a student where this clearly conflicts with the obligations of registered providers under Standard 7 (Overseas student transfers)
          4.6.3          facilitating the enrolment of a student who the education agent believes will not comply with the conditions of his or her visa
          4.6.4          using PRISMS to create CoEs for other than bona fide students.

 Standard 5

 Younger overseas students

     5.1               Where the registered provider enrols a student who is under 18 years of age, it must meet the Commonwealth, state or territory legislation or other regulatory requirements relating to child welfare and protection appropriate to the jurisdiction(s) in which it operates.

     5.2               Registered providers must ensure students under 18 years of age are given age-and culturally-appropriate information on:
          5.2.1         who to contact in emergency situations, including contact numbers of a nominated staff member and/or service provider to the registered provider
          5.2.2         seeking assistance and reporting any incident or allegation involving actual or alleged sexual, physical or other abuse.

     5.3               Where the registered provider takes on responsibility under the Migration Regulations for approving the accommodation, support and general welfare arrangements (but not including guardianship, which is a legal relationship not able to be created or entered into by a registered provider) for a student who is under 18 years of age, the registered provider must:
          5.3.1         nominate the dates for which the registered provider accepts responsibility for approving the student's accommodation, support and general welfare arrangements and advise Immigration, which is responsible for administering the Migration Regulations, of the dates in the form required by that department
          5.3.2         ensure any adults involved in or providing accommodation and welfare arrangements to the student have all working with children clearances (or equivalent) appropriate to the jurisdiction(s) in which the registered provider operates
          5.3.3         have and implement documented processes for verifying that the student's accommodation is appropriate to the student's age and needs:
          5.3.3.1 prior to the accommodation being approved
          5.3.3.2 at least every six months thereafter.
          5.3.4         include as part of their policy and processes for critical incidents under Standard 6 (Overseas student support services), a process for managing emergency situations and when welfare arrangements are disrupted for students under 18 years of age
          5.3.5         maintain up-to-date records of the student's contact details as outlined in Standard 3.5, including the contact details of the student's parent(s), legal guardian or any adult responsible for the student's welfare
          5.3.6         advise Immigration in the form required by that department:
                5.3.6.1             as soon as practicable if the student will be cared for by a parent or nominated relative approved by Immigration and a Confirmation of Appropriate Accommodation and Welfare (CAAW) is no longer required
                5.3.6.2             within 24 hours