Document ID: chunk:federal_register_of_legislation:F2017L01182:reg:5:p5
Version: federal_register_of_legislation:F2017L01182
Segment Type: reg
Provision Reference: reg 5 (pt 5/20)
Character Range: 27072–30432

provider, including that the registered provider is responsible at all times for compliance with the ESOS Act and National Code 2018
4.2.2         the registered provider's requirements of the agent in representing the registered provider as outlined in Standard 4.3
          4.2.3         the registered provider's processes for monitoring the activities of the education agent in representing the provider, and ensuring the education agent is giving students accurate and up-to-date information on the registered provider's services
          4.2.4         the corrective action that may be taken by the registered provider if the education agent does not comply with its obligations under the written agreement including providing for corrective action outlined in Standard 4.4
          4.2.5         the registered provider's grounds for termination of the registered provider's written agreement with the education agent, including providing for termination in the circumstances outlined in Standard 4.5
          4.2.6         the circumstances under which information about the education agent may be disclosed by the registered provider and the Commonwealth or state or territory agencies.

     4.3               A registered provider must require its education agent to:
          4.3.1          declare in writing and take reasonable steps to avoid conflicts of interests with its duties as an education agent of the registered provider
          4.3.2          observe appropriate levels of confidentiality and transparency in their dealings with overseas students or intending overseas students
          4.3.3          act honestly and in good faith, and in the best interests of the student
          4.3.4          have appropriate knowledge and understanding of the international education system in Australia, including the Australian International Education and Training Agent Code of Ethics.

     4.4               Where the registered provider becomes aware that, or has reason to believe, the education agent or an employee or subcontractor of that education agent has not complied with the education agent's responsibilities under standards 4.2 and 4.3, the registered provider must take immediate corrective action.

     4.5               Where the registered provider becomes aware, or has reason to believe, that the education agent or an employee or subcontractor of the education agent is engaging in false or misleading recruitment practices, the registered provider must immediately terminate its relationship with the education agent, or require the education agent to terminate its relationship with the employee or subcontractor who engaged in those practices.

     4.6               The registered provider must not accept students from an education agent if it knows or reasonably suspects the education agent to be:
          4.6.1          providing migration advice, unless that education agent is authorised to do so under the Migration Act
          4.6.2          engaged in, or to have previously engaged 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