Education Standards Act 2001

  • This version includes a correction to section 69(2) made under section 25(j)(iii) and 25(j)(iv) of the Legislation Act 2012.

Pastoral care of international students

48 New Part 18A inserted

The principal Act is amended by inserting, after Part 18, the following Part:

Part 18A Code of practice for providers who enrol international students

238D Interpretation

In this Part, unless the context otherwise requires,—

administrator means the person or organisation responsible for administering the code

code means the code of practice established under section 238F

IEAA means the International Education Appeal Authority established by the code

international student means a person who—

(a)

is studying in New Zealand on a student permit under the Immigration Act 1987; and

(b)

is enrolled by a provider; and

(c)

in relation to the provider, is a foreign student as defined in section 2 or section 159 (whichever is applicable)

provider means—

(a)

a registered school; or

(b)

an institution as defined in section 159; or

(c)

a private training establishment holding a current registration under Part XVIII

review panel means the review panel established by the code.

238E Signatories to code may enrol persons as international students

(1)

A provider may enrol a person as an international student or continue to have an international student enrolled, so long as the provider is a signatory to the code.

(2)

A provider must not enrol a person as an international student or continue to have an international student enrolled, or provide educational instruction for such a person, if—

(a)

the provider is not a signatory to the code; or

(b)

the provider is removed as a signatory to the code under section 238G; or

(c)

for any other reason provided in the code, the provider ceases to be a signatory to the code.

(3)

A provider that is suspended under section 238G may continue to have international students enrolled and may provide educational instruction to only those students to the extent permitted by the review panel under that section.

238F Code

(1)

The Minister may publish a code of practice that provides a framework for the pastoral care of international students.

(2)

Without limiting subsection (1), the code may include provisions for all or any of the following purposes:

(a)

designating the administrator:

(b)

setting out requirements relating to the manner in which providers may assess and recruit prospective international students, including the information to be given by providers about courses, procedures, and costs:

(c)

providing for the welfare of international students, including the support services to be provided by a provider and any reporting obligations:

(d)

requiring providers to review their own performance to ensure compliance with the code, and providing for the designation or appointment of an independent person or organisation to monitor the performance of providers to ensure compliance with the code:

(e)

establishing the IEAA to investigate and determine complaints from international students about alleged breaches of the code, after all internal grievance procedures have been exhausted, and to refer appropriate cases to the review panel; setting out rules of procedure or empowering the IEAA to regulate its own procedure; and, subject to section 238G, specifying the remedies and sanctions it may impose:

(f)

establishing the review panel to determine whether a signatory should be removed or suspended as a signatory to the code; setting out rules of procedure or empowering the review panel to regulate its own procedure; and, subject to section 238G, specifying the remedies and sanctions it may impose:

(g)

despite everything in the Public Finance Act 1989, requiring providers to indemnify the administrator:

(h)

providing for such other matters as are contemplated by or necessary for giving full effect to this Part and for its due administration.

(3)

The code of practice may make different provisions in relation to international students aged under 18 and in relation to international students aged 18 or over.

(4)

The code is binding on all parties who are signatories to the code.

(5)

The Minister must notify the making of the code in the Gazette and make copies available for inspection free of charge, or for purchase at a reasonable cost, in such form and at such places as the Minister determines.

238G Sanctions

(1)

If it finds that a signatory to the code has committed a serious breach of the code of practice, the IEAA may recommend to the review panel that—

(a)

the provider be removed as a signatory to the code; or

(b)

the provider be suspended for a specified period as a signatory to the code.

(2)

If it finds that a signatory to the code has committed a breach of the code other than a serious breach, the IEAA may impose an appropriate sanction (other than a sanction referred to in subsection (1)(a) or (b)) provided in the code.

(3)

If it considers that the sanction it has imposed on a provider under subsection (2) has not been complied with to its satisfaction, the IEAA can recommend to the review panel that—

(a)

the provider be removed as a signatory to the code; or

(b)

the provider be suspended for a specified period as a signatory to the code.

(4)

The review panel may—

(a)

impose the sanction referred to in subsection (1)(a) or (b) that is recommended by the IEAA; or

(b)

substitute the other sanction referred to in subsection (1); or

(c)

substitute an appropriate lesser sanction provided for in the code; or

(d)

set aside the recommendation made by the IEAA.

(5)

At any time pending a final determination by the review panel, it may refer a matter back to the IEAA with directions to reconsider the whole or any specified part of the matter.

238H Providers to pay annual fee

(1)

The Minister may, by notice in the Gazette, set an annual fee payable by providers that are signatories to the code.

(2)

The fee is for the purposes of the administration of the code.

(3)

The Minister must ensure that the annual fee is sufficient to meet the full costs of the IEAA, the review panel, and of administering and enforcing the code.

(4)

A provider is liable to pay an annual fee set under subsection (1).

(5)

The funds collected from an annual fee must be kept in a trust account administered by the administrator.

(6)

If the code is revoked and not replaced, the money held in the trust account must be paid into the Crown Bank Account in accordance with any directions of the Secretary to the Treasury.