Guidelines, policies and regulations
ESOS Compliance
The provision of education services to international students by Australian education institutions is governed by the Education Services for Overseas Students Act 2000 (ESOS Act) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code). The ESOS Act and the National Code are designed to protect the interest of students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education and to provide tuition protection and support the integrity of the student visa program.
For information about living and studying in Australia, including the rights and responsibilities of international students, please read the following Department of Education factsheet:
For information about the regulations that education providers in Australian must comply with when providing education services to student visa holders, refer to the Department of Education
To comply with the National Code, the University has policies and procedures which outline the rights and responsibilities of the University and of international students. These can be found in the JCU Policy library. The respective responsibilities include, but are not limited to, the following.
- Maintain satisfactory course progress required to complete their course within the expected course duration noted on their Confirmation of Enrolment (CoE) and linked to their student visa
- Ensure that no more than one-third of their enrolled subjects are delivered in external mode (online or distance)
- Enrol in at least one face-to-face (e.g. internal, mixed or placement mode) subject in each compulsory study period (e.g. semester or trimester depending on the course commencement intake )
- Comply with the conditions of their student visa at all times
- Notify the University of any changes to their residential address within 7 days
- Monitor student enrolment external load and course progress to ensure compliance with the National Code
- Engage with international students who are at risk of not meeting JCU course progress requirements, and work with the student to devise an intervention plan
- To only approve an international student request to defer, suspend or extend their CoE in compassionate or compelling circumstances. These are generally circumstances beyond the student’s control that impact the student’s course progress and/or wellbeing
- Advise the student of the University’s intention to suspend or cancel a student’s enrolment and report on the CoE, in situations involving misbehaviour, non-payment of fees or breach of course progress. The University must also advise the student of their right to access JCU’s complaints and appeals processes within 20 working days
- Await the results of all internal appeals made by the student in relation to cancellation of enrolment for non-payment of fees, or without enrolment in a compulsory study period or an approved leave of absence (deferral of study)
- Await the results of all internal and external appeals made by international students who are excluded for unsatisfactory course progress, before reporting on the CoE.
Key international student visa holder policies and regulations
International student visa holders are required to maintain enrolment and satisfactory course progress at the same or a higher AQF level for which their student visa was granted. The University must monitor the student’s course progress and identify those who are at risk of not completing their course within the duration noted on their CoE.
If an international student visa holder is identified as having unsatisfactory academic performance, or is at risk of not meeting course progress, the University must offer support and an intervention strategy to assist those students.
If the University identifies the student visa holder is not meeting their course progress requirements and determines a cancellation of enrolment, the University must advise the student of their right to submit an internal review or appeal within 20 working days prior to any further action being implemented.
If the cancellation has been determined through the JCU Unsatisfactory Academic Progression Policy and Procedure, the University must await for all internal and external appeals to be finalised before reporting on the student’s CoE.
Students with eligible previous study can apply for recognition of prior learning for credit towards their degree. Formal learning (previous study) and informal learning (work experience) may count towards the degree. If an international student visa holder is granted credit for previous studies, the University must notify the student in writing. The student can then accept the credit points.
International students who have submitted an application to JCU can apply for credit. The University must notify the student if credit granted will reduce the expected course duration and the updated duration will be recorded on the Confirmation of Enrolment (CoE) before it is issued.
International students who have already been admitted to JCU can also apply for credit. If credit is granted after the CoE has been issued and the course duration is reduced, the University must report the change and issue a replacement CoE to the student.
The Department of Home Affairs requires international student visa applicants and holders to have appropriate welfare arrangements in place (see: Welfare arrangements students under 18). JCU does not accept welfare responsibility for international students and will not issue a Confirmation of Appropriate Accommodation (CAAW). Therefore, JCU requests that course applicants demonstrate their intended ability to satisfy the Department of Home Affairs welfare requirements, or defer their commencement until they will be 18 years of age.
International student visa holders who have demonstrated their intended welfare arrangements and who accept an offer from JCU while under 18 years of age will be required to provide JCU with the contact details of their parent/guardian before a CoE will be issued.
Additionally, JCU must also comply with state or territory legislation relating to child welfare and protection and provide all international students under 18 years of age with age appropriate information about who to contact in an emergency situation. These details can be found in the JCU Child Safety and Child Abuse Response and Reporting Procedure.
International students who have been granted US Federal Student Aid should understand the additional criteria applicable to their studies. For specific details, please refer to JCU’s information on US Federal Aid.