ESOS - Compliance

 
The Australian Government wants overseas students in Australia to have a safe, enjoyable and rewarding place to study. Australia's laws promote quality education and consumer protection for overseas students. These laws are known as the ESOS framework (pdf, 251kb) and they include the Education Services for Overseas (ESOS) Act 2000 and the National Code 2007.

ESOS specifies the minimum standards that Australian educational institutions must adhere to when delivering education to international students, these standards cover the entire student lifecycle (jpg 1.2mb) .

The University of Ballarat has developed an extensive set of ESOS support documentation which is located in the University Policy Site.  

The University, as the registered provider of a program offered by a Partner Provider, has responsibility for ESOS compliance. However, in accordance with the contract between the University and the Partner Provider, the Partner Provider must adhere to ESOS requirements and assist the University to discharge its ESOS responsibilities with respect to 'location specific information' (see further below) in every possible way.


In general, the Partner Provider must provide all necessary information to students concerning the location of program delivery, the programs themselves and student support information as required pursuant to the ESOS Act.

The Partner Provider must also provide onsite student academic and personal support services. In addition, the Partner Provider together with the University of Ballarat School must monitor academic performance and put in place intervention strategies.

Student Visa Conditions

Under the ESOS Framework, international students on a student visa are responsible for upholding the conditions of their student visa. ESOS refers to you studying a Course (degree or diploma etc.) which is called a Program at the University of Ballarat.

View the full list of visa conditions. You should check your student visa for the conditions that apply to your visa.   

Satisfactory Program (Course) Progress

Your student visa (condition 8202) requires you to maintain satisfactory academic progress in your studies so you are able to complete your program within the specified visa duration

The University of Ballarat is required to monitor your progress to ensure that you complete your studies within the duration specified in your original Confirmation of Enrolment.

Information about your School's Academic Progress Guidelines can be found in the School's handbook, which you will receive on enrolment.


Identifying students at risk of not meeting program progress requirements

The University has procedures in place to monitor the progress of students. If you have been identified to be at risk of not meeting program progress requirements, you will be contacted by your School to request a meeting to discuss your progress.

At the meeting it may be decided that an Intervention Strategy to assist your academic progress will be put in place.

Students who do not make satisfactory program progress

If you have been assessed as not achieving satisfactory academic progress, the University will notify you in writing of its intention to report to DIAC your breach of condition 8202 and that you have 20 working days to appeal the decision. The notification will advise you of the University's appeal process.   

If you choose not to appeal or if your appeal is unsuccessful, you will be reported to DIAC, which in may result in cancellation of your student visa.


Completion Within Expected Duration of Study

International students on a student visa are required to finish their program within the expected duration specified on their Confirmation of Enrolment.

This means that if your program is 18 months in length you must complete it within 18 months. This will require you to undertake a 60 credit point load (four courses of study) per semester over three teaching periods (semesters). If you are studying a three year program you will need to undertake a 60 credit point load (four courses of study) over six teaching periods (semesters).

You should enrol in a full-time load to ensure you complete your studies within the expected duration of study.

In limited circumstances, you may be able to enrol in less than the full-time load. Approval may be granted in the following situations:

  • Compassionate or compelling circumstances (eg. illness (where a medical certificate states that the student was unable to attend classes)
  • Where the University was unable to offer a pre-requisite course
  • Your school has implemented an intervention strategy because you were identified as at risk of not meeting satisfactory program (course) progress (eg. load reduction at your school's recommendation)
  • An approved deferment or suspension has been granted

If you do not have approval for any of the above you may not be eligible to receive a new Confirmation of Enrolment (CoE) for your student visa extension and you will not be able to complete your program

If you require a new CoE you must complete the form Student Visa Extension - Application for CoE. This form can be obtained from Administrative Office at your teaching location.

If you complete your program early, the University must report this to DIAC, and the duration of your student visa may be reduced.

Deferring, Suspending or Cancelling Enrolment

Students may apply for deferment of their studies under compassionate or compelling circumstances.

Compassionate and compelling circumstances are generally those beyond the control of the student and which impact on the student's program progress or wellbeing.

These could include:
  • Illness, where a medical certificate states that you were unable to attend classes
  • The death of a close family member such as a parent or grandparent (where possible a copy of a death certificate should be provided)
  • Major political upheaval or natural disaster in the home country requiring emergency travel and where this has impacted on your studies
  • A traumatic experience which could include involvement in, or witnessing of a serious accident; or witnessing or being the victim of a serious crime and this has impacted on your studies (supported by police and psychologists reports)
  • Where the university was unable to offer pre-requisite course

If you wish to defer your studies, you are required to complete the Application for Leave from Studies form (pdf, 567kb) . Your leave from studies needs to be approved by your School.

If you wish to cancel your enrolment, you are required to complete the Withdrawal from All Studies form (pdf, 186kb) .

You should contact the Administration Office at your teaching location or your School if studying at Mt Helen for more information on deferring or cancelling your enrolment.

Deferring of cancelling your studies may have an effect on your student visa. You should contact DIAC for advice before lodging the Application for Leave from Studies from or Withdrawal from All Studies from.


Suspension or Cancellation of Enrolment by the University

The University of Ballarat can suspend or cancel a student's enrolment if:
  • it deems your behaviour to be unacceptable for an educational setting
  • plagiarism
  • breaches of discipline
  • not meeting satisfactory program progress - refer above to Satisfactory Program (Course) Progress.

You can find more information here:


If you are unhappy with the University's decision, you have 20 working days to access the internal complaints and appeals procedure.

The University is required to notify DEEWR and DIAC of your suspension or expulsion. This will have an impact on your student visa.

Complaints and Appeals

The following documents will give you more information about the Grievance Policy and the University's Complaints and Appeals procedures:

 

Changing Education Providers

If you wish to transfer to another Education Provider within the first six months of your principal program at the University of Ballarat, you need to apply for a Letter of Release. Your application will be assessed according to the University's Transfer Between Registered Providers Procedure.