Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS LEGISLATION AMENDMENT (TUITION PROTECTION SERVICE AND OTHER MEASURES) ACT 2012 - SCHEDULE 6

Part   1 -- A mendments

Education Services f or Overseas Students Act 2000

1   Section   5

Insert:

"approved unit of study" has the meaning given by section   21.

2   Before subsection   21(1)

Insert:

Records of students ' details

3   Subsection s   21(2) and (3)

Repeal the subsection s , substitute:

  (2)   The records must consist of the following details for each accepted student:

  (a)   the student ' s current residential address;

  (b)   the student ' s mobile phone number (if any);

  (c)   the student ' s email address (if any);

  (d)   any other details prescribed by the regulations.

  (2A)   A registered provider must have a procedure to ensure that, at least every 6 months , while the student remains an accepted student of the provider :

  (a)   the provider confirms , in writing, the details referred to in subsection   ( 2) with the student; and

  (b)   the records are updated accordingly.

Record s of assessment

  (2B)   If :

  (a)   an accepted student of a registered provider completes an approved unit of study for a course; and

  (b)   the student ' s progress in that unit is assessed;

the provider must record the outcome of the student ' s assessment for the unit.

  (2C)   A record under subsection   ( 2B) must be:

  (a)   kept in accordance with any requirements prescribed by the regulations ; and

  (b)   kept up - to - date.

Retention of records

  (3)   The provider must retain records kept under this section for at least 2 years after the person ceases to be an accepted student. However, the records do not need to be kept up - to - date after the cessation.

Note:   The Minister may take action under Division   1 of Part   6 against a registered provider that has breached this section.

4   Before subsection   21(5)

Insert:

Offence

5   At the end of section   21

Add:

Meaning of approved unit of study

  (7)   In this Act:

"approved unit of study" for a course means a unit of study (however described) that has been approved for the course by a designated authority.

Part   2 -- Application and transitional provision

6   A pplication

(1)   The amendments made by this Schedule (including the amendments made in relation to student details) apply in relation to any approved unit of study that an accepted student begins after this item commences .

(2)   The amendments made by this Schedule (including the amendments made in relation to student details) also apply in relation to an approved unit of study that :

  (a)   a n accepted student beg i n s before this item commences ; but

  (b)   is not completed by the time this item commences .

However, the amendments apply only in relation to the part of the unit of study that occurs after this item commences .

7   Transitional--regulations

Regulations that are in force under subsection   21(2) of the Education Services for Overseas Students Act 2000 immediately before this item commences are taken, after that time, to have been made for the purposes of paragraph   21(2)(d) of that Act (as inserted by this Schedule).