Welfare and Support Arrangements for Under 18 International Students Procedure

Intent

This Procedure establishes the processes for approval and management of welfare and support arrangements which must be applied in relation to an international student who will be or is under 18 years of age while enrolled in any course at James Cook University (JCU; the University), in accordance with the requirements of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (the National Code), Standard 5.

This Policy addresses Higher Education Standards Framework Standards 2.3: Wellbeing and Safety.

Scope

This Procedure applies to international students studying at JCU Australian Tropical campuses who are on a student visa and who are under 18 years of age.

Definitions

Except as otherwise specified in this Procedure or the Child Safety Policy, the meaning of terms used are as per the Policy Glossary.

Procedure

Admission of Under 18 Students

The University will only admit an Under 18 Student to a course provided the Under 18 Student has accepted an Offer from the University under the Admissions Policy and has arrangements in place for their welfare, support and accommodation as set out in this Procedure.

An Under 18 Student must, until they turn 18, reside:

a. with their parent or legal guardian;

b. with a suitable relative nominated by the parent or legal guardian who satisfies the requirements of the Commonwealth Department of Home Affairs (DHA); or

c. with an Approved Accommodation Provider under a suitable welfare and accommodation arrangement approved by the University in accordance with this Procedure.

University approval of welfare and accommodation arrangements

3. The University will only accept responsibility for approving the welfare, support and accommodation arrangements of Under 18 Students where:

a. an Under 18 Student applies to the University to accept responsibility for approval of welfare, support and accommodation arrangements;

b. an Under 18 Student’s parent or legal guardian has agreed in writing to the University accepting responsibility for approving the welfare, support and accommodation arrangements for the students; and

c. the Under 18 Student lives with an Approved Accommodation Provider until they turn 18, and does not change accommodation unless they first obtain written agreement from their parent or legal guardian and the University.

4. The University will only approve welfare support and accommodation arrangements that comply with the requirements of Standard 5 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code).

5. The University will not enrol an Under 18 student who has welfare arrangements approved by another registered provider unless appropriate alternative arrangements are made in respect of the Under 18 Student which comply with this Procedure.

6. Where the University has accepted responsibility for approving welfare, support and accommodation arrangements for the Welfare Period, obligations as part of that acceptance will only cease if:

a. the Under 18 Student transfers to another education provider and that provider takes over responsibility for approving the student’s welfare, support and accommodation arrangements;

b. the Under 18 Student leaves Australia;

c. other suitable arrangements are made that satisfy the Australian Migration Regulations (such as residing with a parent); or

d. the University notifies DHA that it can no longer approve the Under 18 Student’s arrangements, in accordance with this Procedure.

7. The University will continue to monitor the suitability of welfare, support and accommodation arrangements for Under 18 Students whose enrolment has been terminated, suspended or cancelled until:

a. the Under 18 Student has alternative welfare arrangement approved by another registered provider;

b. the Under 18 Student leaves Australia;

c. other suitable arrangements are made that satisfy the Australian Migration Regulations (such as residing with a parent); or

d. the University notifies DHA under clause 5 that is no longer is able to approve the Under 18 Student’s welfare arrangements or that it has taken the required action after not being able to contact the Under 18 Student.

Approved Accommodation Providers

8. The University will only approve an accommodation provider under this Procedure if it is satisfied that the provider meets the minimum requirements set out in Schedule 1. The Associate Director, Admissions and Compliance will assess potential accommodation providers having regard to the matters in the Schedule the Under 18 Student’s age and needs, and will identify appropriate providers for approval by the Chief Operating Officer.

9. The University will monitor the suitability of all Approved Accommodation Providers at least every six months. Monitoring will include, but is not limited to:

a. liaising regularly with Approved Accommodation Providers,

b. visiting accommodations no less than twice a year,

c. meeting homestay hosts where the accommodation comprises a homestay arrangement, and

d. seeking regular feedback from students including during fortnightly meetings between University staff and the student.

10. The University will ensure that any adults involved in or providing accommodation and welfare arrangements to Under 18 Students have Working With Children checks (Blue Cards).

Accommodation Agreements

11. If an Under 18 Student requires the University to approve their welfare, accommodation and support arrangements, the Under 18 Student and their parent or legal guardian must enter into and provide the University with a copy of a binding agreement with an Approved Accommodation Provider.

12. The agreement must, at a minimum, require the Under 18 Student to continue living in the approved accommodation until they turn 18, unless alternative accommodation is approved in writing by the University and a parent or legal guardian and contain an acknowledgement that the University is:

a. not responsible for any fees or charges associated with the accommodation;

b. not legally responsible for any acts by the Under 18 Student while in Australia; and

c. entitled to withdraw approval for the accommodation if the student is found to have breached these terms.

13. The University will maintain up to date records of the Under 18 Student’s contact details as required by Standard 5 of the National Code.

Welfare of Under 18 Students

14. For Under 18 Students that the University takes welfare responsibility for, International Student Support staff will:

a. meet all Under 18 Students within 48 hours of their arrival and, if necessary, meet the students at the airport;

b. maintain regular personal contact with Under 18 Students including speaking with them at least fortnightly;

c. ensure that Under 18 Students have access to and know how to use 24/7 telephone emergency advice and assistance contacts;

d. provide an age-appropriate orientation to Under 18 Students as required by Standard 6 of the National Code;

e. provide all ongoing assistance as the Under 18 Student may require from time to time including in relation to personal wellbeing; and

f. report to the Under 18 Student’s parents or legal guardians within 30 days of the Under 18 Student’s arrival outlining, as a minimum, an overview of the Under 18 Student’s accommodation and contact details for emergency matters (both at the University and at the Approved Accommodation Provider).

15. The University will take all reasonable steps to ensure that any grievance or complaint raised by an Under 18 Student in relation to their Approved Accommodation Provider is resolved promptly and having regard to the best interests of the Under 18 Student. Other obligations for notifications under the Child Safety Policy may be required.

Withdrawal of University Approval

16. The University will make all reasonable efforts to assist an Under 18 Student to maintain appropriate accommodation, support and welfare arrangements.

17. The University’s approval of welfare, support and accommodation arrangements will be withdrawn if:

a. the Under 18 Student refuses to remain in University-approved accommodation; or

b. the Under 18 Student’s living arrangements are no longer approved by the University.

18. Withdrawal of University approval of an Under 18 Student’s welfare, support and accommodation arrangements will be determined by the Associate Director, Admissions and Compliance.

19. The University will notify the Under 18 Student in writing to their JCU email address of its intention to withdraw its approval of their welfare, support and/or accommodation arrangements. A copy of the notice will be provided to the Under 18 Student’s parent or legal guardian. The University will make all reasonable efforts to provide such notification to the Under 18 Student’s parents or legal guardian immediately.

20. The Under 18 Student will have 20 University Working Days to appeal the decision to withdraw approval. An appeal must be lodged in writing addressed to jcicompliance@jcu.edu.au, setting out the reasons why the University should not withdraw its approval. The appeal outcome will be determined by the Chief Operating Officer as soon as practicable, and at least within 10 University Working Days.

21. If the Under 18 Student does not appeal the decision, or if their appeal is unsuccessful, the University will notify DHA via the Provider Registration and International Student Management System (PRISMS) that it no longer approves the Under 18 Student’s welfare, support and accommodation arrangements within 24 hours.

22. The University’s obligations under this Procedure remain in place until internal appeal rights are exhausted/finalised.

Other Reporting Obligations

21. Where the University takes on the responsibility of approving welfare, support and accommodation arrangements it will nominate the dates for which it accepts that responsibility and advise DHA via PRISMS. The University will issue the Under 18 Student a Confirmation of Appropriate Accommodation and Welfare letter to be lodged with their visa application. The Confirmation of Appropriate Accommodation and Welfare letter will be issued by International Student Support.

22. Where the University is unable to contact an Under 18 Student and has concerns for their welfare, it will make all reasonable efforts to locate the Under 18 Student, including notifying Police and any other government agencies as soon as possible, and implement the University’s incident management procedures.

Confidentiality and Record Keeping

23. Staff, students and Affiliates must respect confidentiality and comply with the Information Privacy Policy when dealing with private and confidential information regarding Under 18 Student welfare, support and accommodation arrangements. Only the staff directly involved in the management of Under 18 Students and responsible for meeting the reporting obligations are to be involved in any discussion involving the Under 18 Student’s welfare arrangements.

Related policy instruments

Admissions Policy

Child Safety Policy

Child Safety and Child Abuse Response and Reporting Procedure

Working with Children Check (Blue Card) Procedure

Bullying, Discrimination and Harassment Complaint Procedure for Staff and Affiliates

Staff Code of Conduct

Student Code of Conduct and Misconduct Procedures

James Cook University Enterprise Agreement

Related documents and legislation

National Code of Practice for Providers of Education and Training to Overseas Students 2018, Standard 5: Younger Overseas Students

Child Protection Act 1999 (Qld)

Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018 (Qld)

AHRC National Principles for Child Safe Organisations

National Statement on Ethical Conduct in Human Research (2007) - Updated 2018, Chapter 4.2: Children and Young People

Schedules/Appendices

Schedule A Minimum Standards for Accommodation Providers

Administration

Note: printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History