Education (Overseas Students) Act 2018

This Act may be cited as the Education (Overseas Students) Act 2018.

This Act, other than chapter 8, part 4, commences on a day to be fixed by proclamation.

Chapter 8, part 4 commences on 30 March 2018.

The main purposes of this Act are to provide for—

the approval of schools to provide courses to overseas students; and

the approval of schools and not-for-profit organisations to provide international secondary student exchange programs.

This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.

The dictionary in schedule 1 defines particular words used in this Act.

A school may apply to the chief executive for approval to provide a course or courses at a location or locations to overseas students (a school provider approval).

If the school is a State school, the application may be made on behalf of the school by a person authorised in writing by the chief executive.

If the school is a non-State school, the application must be made on behalf of the school by the school’s governing body or a person authorised in writing by the school’s governing body.

The application must be—

made in the approved form; and

accompanied by the fee prescribed by regulation.

The chief executive must decide to give or refuse to give the school provider approval, in whole or in part—

within 6 months after the application is made; or

if the chief executive and the applicant agree in writing to a longer period within which the chief executive must make the decision—within the longer period.

The chief executive may decide to give the school provider approval, in whole or in part, only if the chief executive is satisfied—

the applicant is complying, or will comply, with—

this Act; and

the Commonwealth Act; and

each provision of the national code that applies, or will apply, to the applicant; and

each provision of the ELICOS Standards, if any, that applies, or will apply, to the applicant; and

if the applicant is not an exempt applicant—the applicant is fit and proper to provide a course or courses at a location or locations to overseas students.

In this section—

exempt applicant means a school entitled to receive funds under a law of the Commonwealth for recurrent expenditure for the provision of education or training.

A school provider approval may be subject to the conditions the chief executive considers appropriate, including, for example, a condition that—

there be no net increase, or only a limited net increase, in the number of overseas students enrolled with the holder; or

the holder enrol only a limited number of new overseas students; or

the holder not accept any new students from a stated country; or

the holder not deal with a stated agent in relation to overseas students or intending overseas students; or

the holder not provide a stated course.

It is a condition of a school provider approval that the holder must comply with a request by the chief executive to give the chief executive information kept by the holder under a relevant law.

In this section—

information includes a document.

A school provider approval is for the term, of not more than 7 years, stated in the approval.

If the chief executive decides to give a school provider approval, the chief executive must give the applicant notice of the decision.

The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.

If the chief executive decides to refuse to give a school provider approval, or to impose a condition on the approval, the chief executive must give the applicant an information notice about the decision.

A decision to refuse to give a school provider approval takes effect when the applicant is given the information notice or, if the information notice states a later day of effect, on the later day.