Document ID: chunk:federal_register_of_legislation:F2021L01264:clause:2_10
Version: federal_register_of_legislation:F2021L01264
Segment Type: clause
Provision Reference: sch 2 cl 10
Character Range: 9975–12686

10  Admission (Standard 3)
 (1) A provider may enrol a student in a standard Foundation Program if:
 (a) the student has completed Australian Year 11 or a comparable educational level;
 (b) the student has attained an English language proficiency comparable to an overall score of 5.5 in the IELTS, with a minimum of 5 in all skills, or equivalent;
 (c) the provider is satisfied that the student has the academic abilities required to progress through the program; and
 (d) subject to subsection (4), the student is at least 17 years of age at the time of commencement.
 (2) A provider may enrol a student in an extended Foundation Program if:
 (a) the student has completed Australian Year 11 or a comparable educational level;
 (b) the student has attained an English language proficiency comparable to an overall score of 5 in the IELTS;
 (c) the provider is satisfied that the student has the academic abilities required to progress through the program; and
 (d) subject to subsection (4), the student is at least 17 years of age at the time of commencement.
 (3) For the purposes of paragraphs (1)(c) and (2)(c), a provider must have and implement a documented policy and process for assessing whether the student's English language proficiency, educational background or qualifications, or work experience are sufficient to enable them to undertake the program.
 (4) Despite paragraphs (1)(d) and (2)(d), a provider may allow students to commence a Foundation Program with the provider at 16 years of age if:
 (a) the provider has been granted an exemption by the ESOS agency of that provider for the period, or remaining period, of the provider's CRICOS registration; and
 (b) either:
 (i) the provider has a substantial history of enrolling students of 16 years of age without significant adverse feedback to the ESOS agency; or
 (ii) the provider has demonstrated appropriate welfare processes and resources to deal with students of 16 years of age.
 (5) The course information for a Foundation Program made available to potential applicants must:
 (a) specify the relevant entry requirements;
 (b) state whether or not certified forecast or provisional examination results on prerequisite courses are acceptable, if final results are not available;
 (c) provide a table stating alternative English language minimum admission requirements; and
 (d) if the Foundation Program is an extended Program—indicate the basis for modification of standard Foundation Program requirements.
 (6) In determining whether educational levels or English language proficiency attained in other countries are comparable to Australian Year 11 or IELTS, providers must base their assessment on robust advice or research.