UNE Compliance Register

Return to TopE (View Documents A-Z)

• Education Services for Overseas Students Act 2000 (Cth) - Level 1The Education Services for Overseas Students Act 2000 (the ESOS Act) regulates the education and training services provided to overseas students by providing tuition and financial assurance, as well as a provider registration requirement. The Act provides for sanctions for non-compliance with the Act as well as breaches of the National Code of Practice and ESOS Regulations. Where the University seeks to recruit, enrol or teach overseas students, or to advertise their ability to do so, it must be registered on the "Commonwealth Register of Institutions and Courses for Overseas Students" (CRICOS). Providers of education services to overseas students, and their agents must not promote a course to overseas students or intending overseas students unless the course and provider are approved by the relevant State or Territory and are registered on CRICOS. All written materials, including those in electronic form, must identify the registered provider and provider number. The Act prescribes the records that must be kept for each overseas student including full name; residential address; date of birth; nationality; course start and completion day; attendance; academic performance; Details of payments received; health cover information; english language proficiency; passport and visa numbers. The University as a registered provider must generate an electronic Confirmation of Enrolment for intending overseas students. The Department of Immigration and Citizenship (DIAC) uses this in assessing the student's application for a student visa. Education providers are required to report students failing to comply with the attendance or course progress of theirvisa to the department and must keep a record of the reason for any termination of studies where applicable. The provision to impose an Annual Registration Charge for CRICOS registration and the calculation method for the charge is prescribed in the Act.
  
  
  Breach Impact Financial:
  s.8 Offence: providing or promoting a course without a registered provider - 600 penalty units for a body corporate
  s.101 Effect of certificate: offence [for breaching an Immigration Minister’s suspension certificate] - 600 penalty units for a body corporate
  s.19(5) Giving information about accepted students - 300 penalty units for a body corporate
  s.21(5) Record keeping - 300 penalty units for a body corporate
  
  The above does not include all penalties
  
  Breach Impact Non-Financial:
  ESOS agency may take action under s.83, including imposing conditions, suspension or cancellation of registration
  Immigration Minister's suspension certificate prevents the provider from recruiting or offering courses to overseas students
  
  Executive Liability: Indirect. While the ESOS Act does not explicitly outline personal liability for directors and officers, they may be held personally liable under the Corporations Act 2001 (Cth) for breaches committed by the corporation if they were involved in the contravention. Section 79 of the Corporations Act allows for directors and officers to be personally liable if they: authorised or permitted the contravention; were knowingly concerned in the contravention. In addition, Under the Criminal Code, officers can be held liable for their involvement in corporate offences.
  
  Criminal Penalty/Offence: Yes. Imprisonment for 2 years (providing or promoting a course without a registered provider). Imprisonment for 12 months (Providing false or misleading information)
  
• Electronic Transactions Act 1999 (Cth) - Level 4The Electronic Transactions Act 1999 ensures that a transaction under a Commonwealth law will not be invalid simply because it was conducted through electronic communication.
  
  If a Commonwealth law requires a person to:
  - give information in writing
  - provide a handwritten signature
  - produce a document in material form
  - record or retain information
  the Electronic Transactions Act means you can do these things electronically.
  
  The Act applies to all laws of the Commonwealth unless they are specifically exempted by the Electronic Transactions Regulations 2000. If a law is exempt you may still have to use paper forms or retain paper-based information.
  Most exemptions can be found in Schedule 1 of the Regulations.
  
  Each Australian state and territory has its own Electronic Transactions Act, which generally mirrors the Commonwealth Electronic Transactions Act.
  
• Environmental Planning and Assessment Act 1979 (NSW) - Level 3An Act to institute a system of environmental planning and assessment for NSW. Prior to development taking place in NSW, a development application (DA) must be lodged with the relevant authority describing the intended work. The application is lodged with the relevant consent authority and then assessed against State, Regional and Local planning controls to ensure the work is environmentally sustainable. The level of assessment is determined by relevant planning legislation. Where a development application is issued to the University or parties contracted by the University, all conditions of the approved development application must be adhered to.