EXPLANATORY STATEMENT
Specification of criteria for the purposes of the definition of designated authority under
section 5 of the Education Services for Overseas Students Act 2000
Issued by authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations
Subject: Specification of criteria for the purposes of the definition of designated authority
Education Services for the Overseas Students Act 2000
Authority
Paragraph (b) of the definition of designated authority in section 5 of the Education Services for the Overseas Students Act 2000 (the ESOS Act) provides that the designated authority in relation to a provider means, to the extent that the provider provides an English Language Intensive Course for Overseas Students, a Foundation program or both, the entity determined by the Minister by legislative instrument.
Purpose and operation
The purpose of the legislative instrument is to determine that each entity specified in the attached schedules to the legislative instrument is a designated authority in relation to a provider to the extent that the provider provides an English Language Intensive Course for Overseas Students (ELICOS), a Foundation Program, or both, as the case may be.
ELICOS, and Foundation Programs are delivered in a range of sectors. To remove any uncertainty in the transition to national regulation, consequential changes to the ESOS Act, arising from recently enacted legislation for the establishment of ASQA, allow you to determine the relevant designated authority and national standards for these programs (BR11-000253 on the NVR Consequential Bill refers) through legislative instruments.
Foundation Program standards were developed by the JCIE and endorsed by MCTEE in December 2009. ELICOS standards have been similarly developed and agreed through the JCIE. Legislative instruments for these standards have been created and are at Attachments D and G
The legislative instrument commences on the commencement of item 2 of the table in subsection 2(1) of the National Vocational Education and Training Regulator (Consequential Amendments) Act 2011, which will be a day to be fixed by Proclamation or six months after the Act receives the Royal Assent, whichever is sooner.
Consultation
Internal and external consultation included canvassing the issues and reaching agreement with the National VET Regulator Policy Section, the National VET Regulator Taskforce and the TEQSA Establishment Team