Document ID: chunk:federal_register_of_legislation:F2017L01182:reg:5:p13
Version: federal_register_of_legislation:F2017L01182
Segment Type: reg
Provision Reference: reg 5 (pt 13/20)
Character Range: 51415–54791

have and implement a documented policy and process for monitoring and recording attendance of the overseas student, specifying:
          8.12.1     the method for working out minimum attendance under this standard
          8.12.2     processes for recording course attendance
          8.12.3     details of the registered provider's intervention strategy to identify, notify and assist overseas students who have been absent for more than five consecutive days without approval, or who are at risk of not meeting attendance requirements before the overseas student's attendance drops below 80 per cent
          8.12.4     processes for determining the point at which the overseas student has failed to meet satisfactory course attendance.

Reporting unsatisfactory course progress or unsatisfactory course attendance

     8.13           Where the registered provider has assessed the overseas student as not meeting course progress or attendance requirements, the registered provider must give the overseas student a written notice as soon as practicable which:
          8.13.1      notifies the overseas student that the registered provider intends to report the overseas student for unsatisfactory course progress or unsatisfactory course attendance
          8.13.2      informs the overseas student of the reasons for the intention to report
          8.13.3      advises the overseas student of their right to access the registered provider's complaints and appeals process, in accordance with Standard 10 (Complaints and appeals), within 20 working days.

     8.14           The registered provider must only report unsatisfactory course progress or unsatisfactory course attendance in PRISMS in accordance with section 19(2) of the ESOS Act if:
          8.14.1     the internal and external complaints processes have been completed and the decision or recommendation supports the registered provider, or
          8.14.2     the overseas student has chosen not to access the internal complaints and appeals process within the 20 working day period, or
          8.14.3     the overseas student has chosen not to access the external complaints and appeals process, or
          8.14.4     the overseas student withdraws from the internal or external appeals processes by notifying the registered provider in writing.

     8.15           The registered provider may decide not to report the overseas student for breaching the attendance requirements if the overseas student is still attending at least 70 per cent of the scheduled course contact hours and:
          8.15.1     for school, ELICOS and Foundation Program courses, the overseas student provides genuine evidence demonstrating that compassionate or compelling circumstances apply; or
8.15.2     for VET courses, the student is maintaining satisfactory course progress.

Allowable extensions of course duration

     8.16           The registered provider must not extend the duration of the overseas student's enrolment if the overseas student is unable to complete the course within the expected duration, unless:
          8.16.1     there are compassionate or compelling circumstances, as assessed by the registered provider on the basis of demonstrable evidence, or
          8.16.2     the registered provider has implemented, or is in the process of implementing, an intervention strategy for