EXPLANATORY STATEMENT
Education Services for Overseas Students (Provider default –
discharge of obligations – requirements for a notice)
Determination 2012 (No. 1)
Summary
The Education Services for Overseas Students (Provider default – discharge of obligations – requirements for a notice) Determination 2012 (No. 1) is made by the Minister for Tertiary Education, Skills, Science and Research, pursuant to subsection 46F(5) of the Education Services for Overseas Students Act 2000 (the Act).
The tuition protection amendments to the ESOS legislative framework, which commence at the same time as item 2 of the table under subsection 2(1) of the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012, are designed to protect the considerable investment international students make in an Australian education and to protect and enhance Australia’s reputation as a destination of choice for international students. This determination is one of a number the Minister may make to specify in greater detail some of the Act’s requirements.
The purpose of this determination is to specify requirements for a notice a provider must give reporting how they have discharged their obligations after a provider default.
Authority
Subsection 5 of section 46F of the Act permits the Minister, by legislative instrument, to specify requirements for a notice given under this section.
Purpose and operation
This determination specifies the requirements for a notice a provider must give to the Secretary and the TPS Director reporting whether, and if so how, they have discharged their obligations after a provider default.
If students have accepted a place in an alternative course, the provider must confirm they have evidence of this acceptance and where possible specify the new Confirmation of Enrolment. If they met their obligations by paying a refund, the refund amount and date of payment must be included in the notice. The notification is to be made in the Provider Registration and International Student Management System (PRISMS).
Timely information about provider defaults forms part of an effective tuition protection service, helping to facilitate prompt and effective responses by providers and if necessary by the Tuition Protection Service in placing students in an alternative course or providing a refund.
Consultation
The Department of Industry, Innovation, Science, Research and Tertiary Education has consulted with the TPS Implementation Consultative Committee (representatives from Universities Australia, the Australian Council for Private Education and Training, the Council of Private Higher Education, the Independent Schools Council of Australia, TAFE Directors Australia, English Australia and the Council of International Students Australia).
Regulation Impact Statement
The regulatory impact of the introduction of the TPS, to which this determination relates, was considered in the ESOS (Tuition Protection Service and other related measures) Regulatory Impact Statement assessed as adequate by the OBPR on 2 February 2012.
A post-implementation review of this and other measures related to the TPS is required to be undertaken within one to two years of implementation.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Education Services for Overseas Students (Provider default –
discharge of obligations – requirements for a notice)
Determination 2012 (No. 1)
This determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
The determination is made under subsection (5) of section 46F of the Education Services for Overseas Students Act 2000 (the Act) by the Minister for Tertiary Education, Skills, Science and Research.
The tuition protection amendments to the ESOS legislative framework, which commence at the same time as item 2 of the table under subsection 2(1) of the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012, are designed to protect the considerable investment international students make in an Australian education and to protect and enhance Australia’s reputation as a destination of choice for international students. This determination is one of a number the Minister may make to specify in greater detail some of the Act’s requirements.
The purpose of this determination is to specify requirements for a notice a provider must give reporting how they have discharged their obligations after a provider default.
Human rights implications
Right to education
This determination engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this determination has an effect on the provision of education services to international students by bodies corporate registered on the CRICOS.
To the extent that the right to education is engaged, this right is promoted by the determination.
Conclusion
This determination is compatible with human rights because it advances the protection of human rights.