Document ID: chunk:federal_register_of_legislation:F2017L01182:reg:5:p1
Version: federal_register_of_legislation:F2017L01182
Segment Type: reg
Provision Reference: reg 5 (pt 1/20)
Character Range: 15278–18533

5               The effect of the National Code 2018

    The National Code 2018 sets standards to ensure education services meet the needs and expectations of overseas students who come to Australia, and satisfy the objectives of the ESOS Act.

    The National Code complements the strong quality assurance frameworks used by government agencies to oversee the Australian education system.

    ESOS agencies may use information given by providers for other purposes in assessing their registration or compliance under the ESOS Act.

    The National Code has legal effect as expressly provided for by the ESOS Act. Therefore, breaches of the National Code by registered providers can result in actions being taken against a registered provider under Division 1A in Part 6 of the ESOS Act, including suspension or cancellation of registration.

Part B – Standards for Providers of Education and Training to Overseas Students

 Standard 1

 Marketing information and practices

     1.1               The registered provider must ensure that the marketing and promotion of its courses and education services in connection with the recruitment of overseas students or intending overseas students, including through an education agent (in accordance with Standard 4), is not false or misleading, and is consistent with Australian Consumer Law.

     1.2               The registered provider must, in seeking to enter into written agreements with overseas students or intending overseas students, not provide any false or misleading information on:
          1.2.1         its association with any other persons or organisations the registered provider has arrangements with for the delivery of the course in which the student intends to enrol or may apply to enrol
          1.2.2         any work-based training a student is required to undertake as part of the course
          1.2.3         prerequisites—including English language proficiency—for entry to the course
          1.2.4         any other information relevant to the registered provider, its courses or outcomes associated with those courses.

     1.3               The registered provider must not:
          1.3.1         claim to commit to secure for, or on the student or intending student's behalf, a migration outcome from undertaking any course offered by the registered provider
          1.3.2         guarantee a successful education assessment outcome for the student or intending student.

     1.4               The registered provider must include its CRICOS registered name and registration number in any written or online material that it disseminates or makes publicly available for the purposes of:

          1.4.1         providing or offering to provide a course to an overseas student
          1.4.2         inviting a student to undertake or apply for a course, or
          1.4.3         indicating it is able or willing to provide a course to overseas students.

     1.5               The registered provider must not actively recruit a student where this conflicts with its obligations under Standard 7 (Overseas student transfers).

 Standard 2

 Recruitment of an overseas student

     2.1               Prior to accepting an overseas student or intending