Education Services for Overseas Students (Exempt Courses) Instrument 2021 (Cth)

Education Services for Overseas Students (Exempt Courses) Instrument 2021

I, Alan Tudge, Minister for Education and Youth, make the following instrument.

Dated   25 June 2021  

Alan Tudge

Minister for Education and Youth

Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Exempt courses........................................................................................................................ 2

Schedule 1 — VET courses  3

Schedule 2 — Higher education  4

1  Name

This instrument is the Education Services for Overseas Students (Exempt Courses) Instrument 2021.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of the instrument	On the day after the instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under section 5AA of the Education Services for Overseas Students Act 2000.

4  Definitions

Note: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:

(a)    ELICOS;

(b)    registered higher education provider.

In this instrument:

Act means the Education Services for Overseas Students Act 2000.

Australian Qualifications Framework means the framework of that name as defined in Schedule 1 of the Higher Education Support Act 2003 and as in force on the day this instrument is made. 

Note:          The Australian Qualifications Framework is available online at and is defined in the Higher Education Support Act 2003 as the framework for recognition and endorsement of qualifications:

(a)   that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and

(b)    that is to give effect to agreed standards in relation to the provision of education in Australia.

Professional outcomes and placement course means a course for which the requirements include practical work placements and professional skills study aimed at enabling work in a certain occupation or profession.

Study abroad or student exchange means a course provided under an arrangement where a student of an overseas institution undertakes study at an Australian higher education provider, where the study at the Australian higher education provider contributes to the requirements of a course of study being undertaken by the student with the overseas institution.

Tertiary coursework and research preparatory course means a short course which a student must pass as a condition of admission to a main course of study.

VET course has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

5  Exempt courses

For the purposes of subsection 5AA(3) of the Act, the following courses of education or training are determined to not be a course for the purposes of the definition of course under subsection 5AA(1) of the Act:

(a) VET courses where the requirements of the course only consist of one or a combination of any of the units of competency specified in Part 1 of Schedule 1 to this instrument and where the course does not lead to a qualification recognised under the Australian Qualifications Framework;

(b)  VET courses specified in Part 2 of Schedule 1 to this instrument; or

(c)  courses offered by a registered higher education provider specified in Schedule 2 to this instrument.

Note:          To avoid doubt, for the purposes of paragraph 5(a), where the requirements of the course consist of a combination of more than one unit of competency specified in Part 1 of Schedule 1, no other units of competency that are not specified in Part 1 of Schedule 1 can form part of the requirements for the course.

Schedule 1 — VET courses

Part 1 – Units of competency

The following units of competency, and any unit identified in the National Register referred to in section 216 of the National Vocational and Training Regulator Act 2011 as a later version of, or a superseding unit of the following units, are specified:

Item	Unit code	Unit of competency
1	AHCCHM304	Transport and store chemicals
2	AHCCHM307	Prepare and apply chemicals to control pest, weeds and diseases
3	HLTAID009	Provide cardiopulmonary resuscitation
4	HLTAID010	Provide basic emergency life support
5	HLTAID011	Provide First Aid
6	HLTAID012	Provide First Aid in an education and care setting
7	HLTAID013	Provide First Aid in remote or isolated site
8	HLTAID014	Provide Advanced First Aid
9	HLTAID015	Provide advanced resuscitation and oxygen therapy
10	HLTAID016	Manage first aid services and resources
11	HLTINFCOV001	Comply with infection prevention and control policies and procedures
12	HLTINF001	Comply with infection prevention and control policies and procedures
13	BSBWHS332X	Apply infection prevention and control procedures to own work activities
14	SITHFAB002	Provide responsible service of alcohol
15	HLTWHS005	Conduct manual tasks safely
16	SITHGAM001	Provide responsible gambling services
17	SITXFSA001	Use hygienic practices for food safety
18	SITXFSA002	Participate in safe food handling practices
19	CPCCWHS1001	Prepare to work safely in the construction industry
20	SITHFAB005	Prepare and serve espresso coffee
21	TLILIC0003	Licence to operate a forklift truck

Part 2 – VET courses

The following VET courses, and any courses identified in the National Register referred to in section 216 of the National Vocational and Training Regulator Act 2011 as a later version of, or a superseding course of the following courses, are specified:

Item	Course code	Course
1	22556VIC	Course in the Management of Asthma Risks and Emergencies in the Workplace
2	22578VIC	Course in First Aid Management of Anaphylaxis

Schedule 2 — Higher education

(1)  Subject to subsection (2), the following courses are specified:

(a)  courses offered by a registered higher education provider which:

(i) do not lead to a qualification recognised under the Australian Qualifications Framework, and

(ii) the provider does not recognise as eligible for granting credit (whether as prior learning or otherwise) towards another course that leads to a qualification recognised under the Australian Qualifications Framework; and

(iii) are not eligible for credit (whether as prior learning or otherwise) towards a course offered by another registered higher education provider (the second course), where the second course leads to a qualification recognised under the Australian Qualifications Framework, and there is an agreement between the provider of the course and the provider of the second course to grant credit for the course.

(2)  Subsection (1) does not apply if the course is provided as one of the following:

(a)  an ELICOS;

(b)  a Foundation Program;

(c)  study abroad or student exchange;

(d)  a tertiary coursework and research preparatory course; or

(e)  a professional outcomes and placement course.