Document ID: chunk:federal_register_of_legislation:F2017L01182:reg:5:p14
Version: federal_register_of_legislation:F2017L01182
Segment Type: reg
Provision Reference: reg 5 (pt 14/20)
Character Range: 54481–57660

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 the overseas student because the overseas student is at risk of not meeting course progress requirements, or
          8.16.3     an approved deferral or suspension of the overseas student's enrolment has occurred under Standard 9 (Deferring, suspending or cancelling the overseas student's enrolment).

     8.17           If the registered provider extends the duration of the student's enrolment, the provider must advise the student to contact Immigration to seek advice on any potential impacts on their visa, including the need to obtain a new visa.

Modes of delivery

     Note: Online learning is study where the teacher and overseas student primarily communicate through digital media, technology-based tools and IT networks and does not require the overseas student to attend scheduled classes or maintain contact hours. For the purposes of the ESOS framework, online learning does not include the provision of online lectures, tuition or other resources that supplement scheduled classes or contact hours. Distance learning is any learning that an overseas student undertakes off campus and does not require an overseas student on a student visa to physically attend regular tuition for the course on campus at the provider's registered location.

     8.18           A registered provider must not deliver a course exclusively by online or distance learning to an overseas student.

     8.19           A registered provider must not deliver more than one-third of the units (or equivalent) of a higher education or VET course by online or distance learning to an overseas student.

     8.20           A registered provider must ensure that in each compulsory study period for a course, the overseas student is studying at least one unit that is not by distance or online learning, unless the student is completing the last unit of their course.

     8.21           For school, ELICOS or foundation programs, any online or distance learning must be in addition to minimum face-to-face teaching requirements approved by the relevant designated State authority or ESOS agency as part of the registration of the course, if applicable.

     8.22           The registered provider must take all reasonable steps to support overseas students who may be disadvantaged by:
          8.22.1     additional costs or other requirements, including for overseas students with special needs, from undertaking online or distance learning
          8.22.2     inability to access the resources and community offered by the education institution, or opportunities for engaging with other overseas students while undertaking online or distance learning.

 Standard 9

 Deferring, suspending or cancelling the overseas student's enrolment

     9.1               A registered provider must have and implement a documented process for assessing, approving and recording a