Education (Pastoral Care of International Students) Code of Practice 2016

Part 2 How to read this code

7 General definitions

(1)

In this code, unless the context otherwise requires,—

Act means the Education Act 1989

agent means a person, body, or organisation acting on behalf of a signatory, and includes a subcontracted agent

code administrator means the person or agency appointed under section 238FA(1) of the Act

contract of enrolment,—

(a)

in relation to a signatory that is a State school, has the same meaning as in section 2(1) of the Act; or

(b)

in relation to other signatories, means a written contract that is entered into between an international student (or the student’s parent or legal guardian, if the student is under 18 years) and the signatory that entitles the student to receive educational instruction provided by that signatory

designated caregiver means a relative or close family friend designated in writing by a parent or legal guardian of an international student under 18 years as the caregiver and accommodation provider for that student

domestic student has the same meaning as in section 2 of the Act

DRS means the International Student Contract Dispute Resolution Scheme established by section 238J of the Act

DRS rules means the rules prescribed under section 238M of the Act

due diligence means the process of obtaining disclosure and verification in respect of another party before entering into a binding commitment

education quality assurance agency means an agency authorised by the Act to exercise quality assurance functions in respect of signatories

educational instruction includes classes, courses, programmes, or training schemes—

(a)

that are approved or exempted in accordance with section 4E, Part 18, or Part 20 of the Act; and

(b)

that the signatory has been granted accreditation to provide (where required under Part 18 or 20 of the Act); and

(c)

that the signatory has been granted consent to assess against the relevant assessment standards (where required under Part 18 or 20 of the Act)

enrol means register or admit a person as a student for educational instruction provided by a signatory after the student has accepted an offer of educational instruction from the signatory, and enrolment has a corresponding meaning

expatriation means the process of moving a person from 1 country or locality to another

fee protection mechanism means a mechanism approved in rules made under section 253(1)(e) of the Act

homestay means accommodation provided to an international student in the residence of a family or household in which no more than 4 international students are accommodated

international student has the same meaning as in section 238D of the Act

legal guardian, in relation to an international student, means a person who, by court or testamentary appointment, is responsible for the student’s well-being and financial support, and provides for the care of the student in the student’s home country

licensed hostel means a hostel that is licensed under the Education (Hostels) Regulations 2005

parent, in relation to an international student, means the father or mother of the student who is responsible for the student’s well-being and financial support

provider has the same meaning as in section 238D of the Act

repatriation means the process of returning a person to their country of origin or citizenship

residential caregiver means—

(a)

a homestay carer; or

(b)

a licensed hostel manager or other person responsible for the care of international students in a licensed hostel; or

(c)

a designated caregiver; or

(d)

a manager of accommodation that is—

(i)

operated by a signatory that is a tertiary education provider (as defined in section 159 of the Act); and

(ii)

mainly used for the accommodation of students enrolled with that provider; or

(e)

in the case of temporary accommodation, a supervisor who is responsible for the care of international students

school hostel means a licensed hostel owned or administered by a school and approved by the code administrator for international students who are enrolled in year 1 to year 6 of a school, or aged 10 and under and enrolled with any other signatory

signatory means a provider that is a signatory to this code

subcontracted agent means a person, body, or organisation contracted by an agent to act on the agent’s behalf.

(2)

In this code, a reference to the age of a person is a reference to the age of the person on their last birthday.

(3)

A term that is used in this code and defined in the Act but not in this code has the same meaning as in the Act.

Clause 7(1) agent: amended, on 1 July 2019, by clause 5(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) contract of enrolment: inserted, on 1 July 2019, by clause 5(2) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) educational instruction paragraph (b): amended, on 1 July 2019, by clause 5(3) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) educational instruction paragraph (c): amended, on 1 July 2019, by clause 5(3) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) repatriation: amended, on 1 July 2019, by clause 5(4) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) residential caregiver paragraph (d): replaced, on 1 July 2019, by clause 5(5) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) residential caregiver paragraph (e): inserted, on 1 July 2019, by clause 5(5) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) school hostel: amended, on 1 July 2019, by clause 5(6) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(2): amended, on 1 July 2019, by clause 5(7) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).