INTRODUCTION
Sydney Business & Development Institute as a Nationally Recognised Registered Training Organisation is required under the terms of the VET Quality Framework (VQF) and Standard 4 of the Education Services for Overseas Students Act to have a policy and procedure to ensure Education Agents act ethically and appropriately.
PURPOSE
The purpose of this policy is to ensure that the actions of Sydney Business & Development Institute appointed Education Agents are ethical and comply with Sydney Business & Development Institute obligations under the ESOS ACT, ESOS Regulations and The National Code.
RESPONSIBILITY
The General Manager is responsible for implementation of this policy and the Head of Education and Training is responsible for the implementation of this procedure and ensuring that all employees are fully trained in its operation.
DEFINITIONS
ESOS Act: Education Services for Overseas Students Act.
ESOS Regulations: Education Services for Overseas Students Act 2000 of the Commonwealth of Australia.
The National Code 2007: National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students.
Education Agents: An accredited person or legal entity with the formal authority to promote Sydney Business & Development Institute programs and services to students or intending students in nominated regions.
Formal Authority: Education Agent Agreement.
Education Agent Agreement: Agreement between Sydney Business & Development Institute and the Education Agent including the Schedules
International students: Overseas students holding a student visa issued by the Australian Government Department of Immigration and Border Protection (DIPB).
CRICOS: Commonwealth Register of Institutions and Courses for Overseas Students.
Prospective Student: A person who intends to become, or who has taken any steps towards becoming, a student an ‘overseas Student’ or ‘intending overseas student’ as defined by the ESOS Act.
PRISMS: Provider Registration and International Students Management System. Australian Government Database is used to manage international students’ Confirmation of Enrolment (CoE).
POLICY
Education Agents are usually the first point of contact for prospective students intending to undertake study in Australia and the activities and ethics of all Education Agents is important to Australia’s reputation as a desirable destination for students. Sydney Business & Development Institute is therefore committed to ensuring all Education Agents act ethically and appropriately when representing Sydney Business & Development Institute and life and study in Australia.
Sydney Business & Development Institute will only appoint Education Agents whose company is registered in the relevant country, state, or province and if relevant in Australia. All appointed Education Agents must have completed the Education Agent Application form to become an official Education Agent for Sydney Business & Development Institute and had a referee check completed by the Sales and Recruitment Officer.
Sydney Business & Development Institute will monitor its Education Agent’s performance and activities using a variety of methods which include:
- Informal and formal feedback.
- Agent visits and meetings.
- Reports from Education Agents and other external stakeholders.
- Performance benchmarks.
Sydney Business & Development Institute will not engage in any activities with an Education Agent who has been found to be dishonest, lack integrity, or have engaged in unethical behavior. If Sydney Business & Development Institute becomes aware of or reasonably suspects that an Education Agent or an employee of the Education Agent has acted in breach of the conduct set out in Standard 4.3 of the National Code, Sydney Business & Development Institute will terminate the agreement immediately.
Sydney Business & Development Institute retains the right to veto any Education Agent activity that in Sydney Business & Development Institute’s opinion is not compliant with:
- The Education Agent Agreement; or
- Any Relevant Legislation; or
- Any information provided to the Education Agent by Sydney Business & Development Institute
PROCEDURES
6.1 Procedures for Education Agent Appointment:
- Education Agents are required to complete and forward the Sydney Business & Development Institute Education Agent Application Form along with certified copies of proof of business to the Sydney Business & Development Institute Sales and Recruitment Officer.
- The Sydney Business & Development Institute Sales and Recruitment Officer has the final responsibility to check the credential of the Education Agent prior to recommending the acceptance or rejection of an application.
- The Sydney Business & Development Institute will assess the application of the Education Agent and the Sales and Recruitment Officer will only recommend accepting the application where the applicant has demonstrated that they have the appropriate knowledge and understanding of the Australian international education industry and will meet the obligations of the National Code.
This will be undertaken via referee checks and evaluation of any previous dealings. - Sydney Business & Development Institute Sales and Recruitment Officer will send the Education Agent, an Education Agent Reference Check Form to referees listed on the Education Agent Application Form.
- . If the Education Agent is already known to the Sydney Business & Development Institute Sales and Recruitment Officer as they have been a previous agent of Sydney Business & Development Institute or have previous working experience with the Sydney Business & Development Institute Sales and Recruitment Officer, the Sydney Business & Development Institute Sales and Recruitment Officer is to advise the Head of Education and Training along with any recommendation to accept or reject the application.
- Once reference checks have been completed, the Sydney Business & Development Institute Sales and Recruitment Officer is to reassess to determine if suitable to appoint.
- When the applicant has been assessed as satisfactory, the Sydney Business & Development Institute Head of Education and Training prepares the Education Agent Agreement and sends the agreement to the Education Agent where both parties sign.
- Where the application has been rejected the Education Agent will be notified in writing with the Education Agents Termination Letter, signed by the Sydney Business & Development Institute Sales and Recruitment Officer.
- A copy of the signed Education Agent Agreement is retained by Sydney Business & Development Institute and the Education Agent is added to the list of approved agents and this list is made public on the Sydney Business & Development Institute providers’ individual websites.
Education Agent details are loaded into the Student Management System by the Sydney Business & Development Institute Administration Officer.
6.2 Education Agent Monitoring
- The performance of each Education Agent will be reviewed by Sydney Business & Development Institute Head of Education and Training and Compliance Specialist throughout the calendar year by the following methods:
- Informal and formal feedback.
- Education Agent visits and meetings.
- Reports from Education Agents.
- Performance benchmarks.
- Sydney Business & Development Institute will consider the performance of the Education Agent to decide whether to:
- Maintain the Education Agent’s appointment;
- Appoint the Education Agent for a further period subject to certain conditions;
- Amend the Education Agent’s commission to be reflective of their performance
- Terminate the Education Agent’s appointment in accordance with Education Agent
Termination within this Procedure.
- In considering the performance of the Education Agent under Item 2, Sydney Business & Development Institute will consider:
- The Education Agent’s compliance with the Education Agent Agreement and any conditions placed on the Education Agent by Sydney Business & Development Institute
- The number of Students the Education Agent has recruited and the conversion rate of:
- Student applications to Sydney Business & Development Institute offers; and
- Sydney Business & Development Institute offers to actual enrolment of students;
- The reasons why applications from potential students did not proceed to student reenrolment status;
- The number of Student Visa refusals for students recruited by the Education Agent;
- The number of Australian Visa applications compared to International Visa applications
- Any feedback or information from students or third parties regarding the Education Agent;
- The quality, accuracy and currency or information and advice provided by the Education Agent to students; and
- The quality of the appointment as assessed by Sydney Business & Development Institute.
6.3 Education Agent Change of Details
- The Sydney Business & Development Institute Sales and Recruitment Officer will update the Education Agent’s contact details through:
- Receipt of email advice; or
- Written confirmation on letterhead.
All staff who become aware of a change to an Education Agent’s contact details must notify the
Sydney Business & Development Institute Sales and Recruitment Officer.
6.4 Education Agent Termination
- If Sydney Business & Development Institute becomes aware or reasonably suspects that the Education Agent has acted in breach of the conduct set out in Standard 4.3 of the National Code, Sydney Business & Development Institute will terminate the Education Agent Agreement immediately.
The Sydney Business & Development Institute Sales and Recruitment Officer once deciding to terminate the Education Agent Agreement, should:
- Receive approval and instruction by the Sydney Business & Development Institute General
Manager for the termination. - Write to the Education Agent to advise that his or her appointment has been terminated.
- In cases where the grounds for the termination is due to the Education Agent having acted
unethically, notify DIBP and DEEWR. - Notify the Admissions team of the termination of the Education Agent and advise staff that
no further applications are to be accepted from the Education Agent.