Education Services for Overseas Students Act 2000 - Specification of criteria for the purposes of the definition of designated authority (19/06/2011)

Overview

The legislative instrument F2011L01264, issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, pertains to the Education Services for Overseas Students Act 2000. It aims to address the need for clear criteria in determining designated authorities for providers offering English Language Intensive Courses for Overseas Students (ELICOS) and Foundation Programs. This legislative instrument was enacted to specify these criteria, thereby removing uncertainties in the transition to national regulation. By determining these designated authorities through legislative means, the instrument ensures that providers offering ELICOS and Foundation Programs adhere to the established national standards. The legislative instrument was developed following consultations with relevant stakeholders, including the National VET Regulator Policy Section, the National VET Regulator Taskforce, and the TEQSA Establishment Team. The Foundation Program standards were developed by the Joint Council on International Education (JCIE) and endorsed by the Ministerial Council on Tertiary Education, Employment and Training (MCTEET). Similarly, ELICOS standards were developed and agreed upon through the JCIE. This legislative instrument commences on the date specified in the National Vocational Education and Training Regulator (Consequential Amendments) Act 2011, ensuring a timely and effective implementation of the necessary regulatory standards.

Scope and Application

The legislation F2011L01264, issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, pertains specifically to the Education Services for Overseas Students Act 2000. This legislative instrument aims to clarify and specify the criteria for entities that qualify as designated authorities for providers offering English Language Intensive Courses for Overseas Students (ELICOS) or Foundation Programs. Such courses are integral to the education sector, ensuring that overseas students receive high-quality language training and foundational academic support. The legislation applies to entities that are determined by the Minister, as outlined in the schedules attached to the instrument, and these entities are designated based on their capacity to deliver the specified educational programs. The geographic and jurisdictional reach of this legislation is national, aligning with the overarching objectives of the ESOS Act, which is a Commonwealth Act. It ensures uniformity in the standards and regulatory framework across Australia. The legislative instrument also addresses the transition to national regulation, particularly in light of the establishment of the Australian Skills Quality Authority (ASQA), by providing a clear legal basis for determining the designated authorities and the relevant national standards. This approach aims to eliminate uncertainties that may arise during the transition period. The legislative instrument will come into effect on the commencement of the National Vocational Education and Training Regulator (Consequential Amendments) Act 2011, as specified in the legislation.

Key Provisions

The main operative sections of this legislation (F2011L01264) specify criteria for the purposes of the definition of designated authority under section 5 of the Education Services for Overseas Students Act 2000 (ESOS Act). Specifically, section 5 of the ESOS Act defines "designated authority" as the entity determined by the Minister, in relation to a provider, to the extent that the provider offers English Language Intensive Courses for Overseas Students (ELICOS), a Foundation Program, or both. This legislative instrument aims to determine which entities are considered designated authorities for these programs, ensuring clarity and consistency as the transition to national regulation occurs. The obligations and requirements imposed by this legislation on the designated authorities are primarily related to the delivery of ELICOS and Foundation Programs. Designated authorities must ensure that these programs meet the standards set forth in the legislative instrument. For instance, Foundation Program standards were developed by the Joint Council on International Education (JCIE) and endorsed by the Ministerial Council for Tertiary Education, Employment and Training (MCTEET) in December 2009, while ELICOS standards were similarly developed and agreed upon through the JCIE. These standards are detailed in Attachments D and G of the legislative instrument. Designated authorities are required to comply with these standards to maintain their status as a designated entity. In terms of breaches and consequences, the legislation does not explicitly detail specific offences, penalties, or consequences for non-compliance with the standards. However, the authority of the Minister to determine designated authorities and the enforcement of compliance with standards suggests that failure to meet these criteria could result in regulatory action. Such action might include revocation of the provider's status as a designated authority, which could significantly impact their ability to offer ELICOS and Foundation Programs to overseas students. Given the critical role of these programs in the education sector, maintaining compliance is essential to avoid such repercussions.