Overview

To provide educational courses to overseas students, the College is required to be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). To become a registered provider, the College must demonstrate ongoing compliance with a number of obligations stemming from laws, regulations, standards and guidelines.

Scope

There are many obligations relating to the enrolment, accommodation, support and general welfare arrangements for overseas students. There are additional obligations involved where the student is under 18 years of age and under the responsibility of the College. This policy specifically relates to this scenario.

This policy applies to all staff, Homestay providers, primary carers, contractors and College-appointed tutors involved with the international student program at the College. It covers requirements of the Education Services for Overseas Students Act 2000 (Cth) (ESOS Act) and the VRQA Guidelines for the enrolment of overseas students aged under 18 years.

Definitions

CAAW letter means a Confirmation of Appropriate Accommodation and Welfare letter issued where the Principal Executive Officer (PEO) of the College has undertaken responsibility under the Migration Regulations for approving the accommodation, support and general welfare arrangements for a student who has not turned 18 (who will not be residing with a parent or Department of Home Affairs approved relative in Australia).

Child Safe Standards means the Child Safe Standards made under section 17(1) of the Child Wellbeing and Safety Act 2005.

College means Wesley College, a registered school by the Victorian Registration & Qualifications Authority (VRQA) under section 4.5.1 of the ETR Act, suitable to provide a specified course to students from overseas.

ETR Act means the Education and Training Reform Act 2006.

Homestay accommodation means the provision to an overseas student of board and or lodgings by a host family either voluntarily or for a fee.

Learning in Residence means the College owned and operated boarding facility.

National Code means the National Code of Practice for Providers of Education and Training to Overseas Students 2018.

Overseas student has the same meaning as in section 1.1.3 of the ETR Act.

Policy
MINIMUM AGE OF 13 FOR ENROLMENT OF AN OVERSEAS STUDENT IN HOMESTAY ACCOMMODATION

Before entering an agreement or arrangement for the provision of Homestay accommodation to an overseas student, or issuing a CAAW letter to the Department of Home Affairs in circumstances where Homestay accommodation will be provided to an overseas student, the College must be satisfied, after making all reasonable enquiries, that the student will be at least 13 years of age at the time of commencing the Homestay accommodation.

As a matter of policy, Wesley College will only support a Homestay accommodation arrangement for a student from Years 9 to 12 inclusive.

The above guideline does not apply during the period the overseas student is, or will be, living:

  • in Learning in Residence; or
  • with a parent or close family relative (aunt, uncle, grandparent or sibling over 21 years of age approved as suitable by the Department of Home Affairs) as part of the student's visa approval
COMPLIANCE WITH CHILD SAFE STANDARDS

The Child Wellbeing and Safety Act 2006 requires that the College must comply with the Child Safe Standards.

Where the College has issued a CAAW letter to enable the enrolment of an overseas student under 18 years of age, the College must ensure that all of the College's arrangements to provide or approve appropriate accommodation, support and general welfare for the student, including any service provision by third parties, meet the Child Safe Standards.

Consistent with standard 5.3.2 of the National Code, the College must ensure that any adults involved in or providing accommodation and welfare arrangements to the student hold a valid Working with Children Check (WWC).

Processes for the engagement of staff, Homestay providers, primary carers, contractors and College­ appointed tutors involved with the international student program at the College must include the following screening and Child Safe training processes:

  • Checking referees for suitability for child-connected work
  • Checking proof of personal identification
  • Validation of WWC Checks (prior to commencement and each term thereafter)
  • Annual Child Safe training

Child Safe information is also provided to all students and their parents, including what is inappropriate behaviour, how to report an issue and who to contact at the College. Full details of the College's Child Protection Policy are on the College website.

EDUCATION PROVIDER CAAW RESPONSIBILITY NON­ DELEGABLE

Where the College has issued a CAAW letter accepting responsibility for approving the accommodation, support and general welfare arrangements for a student who is under the age of 18, the College must not delegate, outsource or contract out that responsibility.

The College must nominate the dates from which responsibility takes place. The welfare responsibilities must cover the full period of the CoE and seven days thereafter at a minimum. If a student wishes to arrive from overseas earlier than the nominated date, the student must be accompanied by a DHA approved guardian, or the College must extend the welfare commencement date.

If a student is transferring to the College from another provider, or transferring from the College to another provider, the College must liaise with the other registered provider to ensure there is no gap in providing appropriate welfare arrangements for the student. A CAAW letter must be created to reflect the change in welfare arrangements. The College will request the student to maintain their welfare arrangements until the transfer date, or alternative arrangements have been approved, or the student returns home until new approved welfare arrangements take effect.

The College will maintain approval of accommodation and welfare arrangements until:

  • The student completes the course and departs Australia
  • The student turns 18
  • The student transfers to another provider and they assume welfare and accommodation responsibilities
  • A parent or nominated guardian approved by the Department of Home Affairs assumes care of the student. This change to CAAW responsibilities will be documented in PRISMS
  • Any appeals process in relation to Wesley College’s intentions to cancel the student’s enrolment have been finalised (these include suspensions, cancellations, course attendance and progress)

If Wesley College is no longer able to approve welfare arrangements, the College must report the student to the Department of Home Affairs via PRISMS withing 24 hours.

If the College is unable to locate an international student or if there are any concerns related to their welfare, the College will make every effort to locate the student and will notify the police, and any other relevant Commonwealth and state agencies, as soon as practicable.

The College will make every effort to contact the international student’s parents or legal guardians immediately if they can no longer approve the international student’s welfare.

TRAINING FOR INTERNATIONAL STUDENT COORDINATORS

The International Student Coordinators (ISC) at each campus are responsible for overseeing accommodation and welfare arrangements for international students.

The College must demonstrate that overseas coordinator/s and support staff have received training in:

  • the Child Safe Standards
  • the College's policies and procedures for managing emergency situations and critical incidents
  • policies and procedures for verifying that the student's accommodation is appropriate to the student's age and needs
  • the Education Services for Overseas Students Act 2000 (ESOS Act), the National Code 2018 and any VRQA Guidelines for the Enrolment of Overseas Students Aged Under 18 Years issued from time to time.

Relevant staff position descriptions will include the applicable requirements, and an annual training schedule for staff will be maintained.

STUDENT ACCOMMODATION MINIMUM STANDARDS

The College must ensure that the student's accommodation is appropriate to the student's age and needs including the matters below.

Where the approved accommodation is in a Homestay, the College has appropriate processes for recruiting and screening Homestay families. This means:

  • the College has obtained a copy of a valid Working with Children (WWC) Check for every person 18 years and over residing in the home (and validates this WWC Check every term)
  • the home provides a separate bedroom for the student that is appropriate to the age and needs of the student
  • the Homestay provider is given appropriate information regarding their responsibilities and emergency contact details for both the College and the parents of the student
  • the College has documented processes to verify that the accommodation is appropriate to the student's age and needs prior to placement, and is reviewed at least every six months
  • verifying the suitability of Homestay accommodation, which includes a site visit (unless the particular Homestay has been verified by a site visit in relation to another student in the previous three months).

Where the approved accommodation is the Learning in Residence facility:

  • the facility meets the Australian Standards Association (ASA) Standard AS 5725:2015 Boarding Standards for Australian Schools and Residences
  • the College has documented processes to verify that the accommodation is appropriate to the student's age and needs prior to placement, and is reviewed at least every six months.
PROVISION OF A STUDENT SAFETY CARD TO STUDENTS AGED UNDER 18

The College must provide each student with a Student Safety Card at the time of commencement of the course which includes:

  • for any student on a CAAW letter in Homestay accommodation, the Homestay accommodation provider's address, home telephone number and mobile numbers
  • the College's contact details, including 24/7 contact details for the College's International Student Coordinator and general emergency contact information
  • a statement that "Wesley College is regulated by the Victorian Registration and Qualifications Authority (VRQA). Students can contact VRQA at www.vrqa.vic.gov.au"
5. Breach of Policy

Breach of this policy will have serious implications for the College's CRICOS registration and ability to provide courses to overseas students.

6. Supporting Documents
  • Enrolment Policy
  • Homestay Policy
  • Homestay Application Checklist Procedure
  • Homestay Provider Declaration
  • Homestay – Ongoing Monitoring Procedure
  • Welfare and Accommodation Booklet
  • Training schedule (for staff involved in the international student program)
  • Position descriptions (for staff involved in the international student program)
  • Welfare and Accommodation Booklet
  • Wesley College Fees and Expenses 2025 – International Student
Related Policies
Related Legislation

The ESOS Act and related legislation, regulations and standards have been implemented to address the interests of overseas students coming to Australia to study. The aim of the ESOS framework is to protect and enhance Australia's reputation for quality education to overseas students, provide tuition protection for students, and support the integrity of Australia's visa program.

The ESOS framework consists of the:

  • ESOS Act
  • Education Services for Overseas Students Regulations 2001 (Cth) (ESOS Regulations)
  • National Code
  • Migration Act 1958 (Cth)
  • English Language Intensive Courses for Overseas Students (ELICOS) Standards 2018
  • ESOS (Calculation of Refund) Specification 2014 (Cth) (Refund Specification)
  • Victorian Registration Qualifications Authority (VRQA) legislation