This policy establishes the principles which must be applied in monitoring the attendance of international students studying English Language Intensive Courses for Overseas Students (ELICOS) or Foundation programs at the University.
This policy applies to international students studying English Language and Foundation programs at James Cook University’s Townsville and Cairns campuses on a student visa and is to be read in conjunction with the Attendance Monitoring Procedures – English Language and Foundation Programs.
DIBP means the Department of Immigration and Border Protection
ELICOS means English Language Intensive Courses for Overseas Students
ESOS Act means the Education Services to Overseas Students Act 2007 (Cth)
Foundation means the Pre University Foundation Course offered by the University
National Code means the National Code of Practice for Providers of Education and Training to Overseas Students 2007
Satisfactory Progress means progress as described in the relevant subject outlines for subjects in the English language and Foundation programs offered by the University.
Standard 11 of the National Code requires the University to:
a) Monitor students’ compliance with their visa conditions relating to attendance;
b) Be proactive in identifying and counselling students who are at risk of failing to meet the attendance requirements; and
c) Under section 19 of the ESOS Act, report students who have breached the attendance requirements.
1. The ESOS Act and the National Code require that ELICOS and Foundation students must maintain a minimum rate of attendance of 80% of scheduled course contact hours for each study period in which they are enrolled in an ELICOS or Foundation course.
2. The University must record the attendance of each student for the scheduled course contact hours.
3. Subject to 4, where a student is at risk of not maintaining a minimum rate of attendance as required by the National Code, the University will notify the student of its intention to report the student to the DIBP for not achieving satisfactory attendance. The written notice from the University must inform the student that they have a right of appeal and that they have 20 working days in which to commence an appeal.
4. The University may decide not to report a student who does not maintain a minimum rate of attendance of 80% for each study period in which they are enrolled where:
(a) the University is satisfied that there are compassionate and compelling circumstances which have affected the student’s ability to attend classes; and
(b) the student is making Satisfactory Progress within the ELICOS or Foundation course; and
(c) the student has attended at least 70% of the scheduled course contact hours for the course in which they are enrolled.
5. Students who fail to attend at least 70% attendance of the scheduled course contact hours for the course in which they are enrolled will be reported.
6. Subject to clause 4, the University will report the student to DIBP within 14 days after:
a. the expiry of the 20 working day appeal period, if no appeal is made; or
b. notification to the student that their appeal is unsuccessful.
7. Where a student has received notification that the University intends to report them for unsatisfactory attendance, the student may lodge an appeal in accordance with the Attendance Monitoring Procedures – English Language and Foundation Programs.
Related policy instruments
Related documents and legislation
Education Services to Overseas Students Act 2007 (Cth)
National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007
Deputy Vice Chancellor - Academic
Deputy Vice Chancellor, Global Strategy and Engagement
Date for next review
December 2018 or following any relevant change to the National Code
[Approval date - the date the approval authority approved the establishment, minor or major amendment or disestablishment]
[Implementation Date - the date the policy was published in the Policy Library and is the date the policy takes effect]
Reviewed, title amended (‘Foundation’ added) and removal of interim status. For further details refer to Academic Board minutes 2 May (2/17)
Manager, International Compliance
Establishment - Approved by Acting Vice Chancellor as an interim policy in accordance with the Policy Development and Review Policy
Director, Future Students and International
Director, Future Students and International
Attendance monitoring; English language intensive courses; English language program