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Home News Compliance

ESOS and the National Code, and the Higher Education Standards Framework – a powerful regulatory combination supporting students

Melanie DuncanbyMelanie Duncan
July 5, 2023
in Compliance, Student Support
ESOS and the National Code, and the Higher Education Standards Framework – a powerful regulatory combination supporting students
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Australia has a strong approach to regulation in the International Education space – it is how we have developed a reputation built on quality. The ESOS act and National Code of Practice, along with its explanatory guide form the lion’s share of the approach. Understandably so, and practitioners can often quote passages of text from it- it is of course, a part of their daily work to meet their provider regulatory obligations.

ESOS and the National Code isn’t the only game in town when it comes to regulation, and nor should it be.

Typically lesser well-known by practitioners is the Higher Education Standards – under the Higher Education Standards (HES) Framework. The HES Framework has been structured to align with the student experience or ‘student life cycle’ i.e. as they progress from prospective students through to the award of a qualification.

The HES Framework is also grounded in the core characteristics of the provision of higher education. As such, the Standards are intended to be useful to higher education providers as a framework for internal monitoring of the quality of their higher education activities. It is, in essence, more directional rather than prescriptive, like the National Code.

Viewed in tandem, the National Code and the HES framework provide a broader obligation base to ensure that our international students receive the quality higher education Australia has become known for.

As an example, synergy is evident between Standard 6 of the National Code (Overseas student support) and HESF Domains 1, 2 & 5. Whilst international education staff responsible for the orientation and transition of our commencing international students legitimately turn to Standard 6 of the national Code for guidance and prescription, the work doesn’t stop there: ongoing monitoring, review and improvement of individual students and cohorts is expected under the HESF.

There are many such examples across both sets of Standards.

Whilst practitioners of international education generally have a strong understanding of the National Code and ESOS act understanding the interface between these regulatory obligations can be a blind spot.

It’s a lot to download so if you’re interested in hearing more I’ll be presenting on this topic on behalf of ISANA: International Education Association on July 6th  online. The session will take participants through both sets of legislation, comparing and contrasting the regulatory obligations of both. It aims to broaden participants’ knowledge of how the HESF and National Code can work together to ensure an evidence-based, quality international student experience.

More information on the event can be found here.

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Melanie Duncan

Melanie Duncan

Melanie has worked in higher education for over 20 years with extensive expertise in international admissions; designing and implementing policies, procedures and processes within an ESOS/TEQSA framework; leading international-specific campuses for both universities and third-party providers; and leading teams of international education professionals across all tertiary international student lifecycle administrative processes and wellbeing service delivery. Melanie’s work embeds enterprise-wide risk management practices with key compliance responsibilities as part of her management roles since 2006. Over this time, she has been responsible for the ensuring that her providers’ and teams’ processes, policies and practices meet the obligations of the ESOS Act 2000; National Code of Practice for Registration Authorities and Providers of Education to Overseas Students (2007 & 2018); TEQSA Health and Wellbeing Guidelines; and TEQSA Higher Education Standards Framework (Threshold Standards) 2021. Melanie is Co-Founder and Principal of IEP Advisory. IEP are experts in international education who specialise in ESOS compliance and the international student journey. Their business advice and services position their clients to exceed minimum compliance obligations and aspire to a best-practice overall experience for their international students.

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