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Under 18 International Students Policy

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Section 1 - Background Information

(1) The Foundation Studies Program offered by the University is intended for students who are not eligible for direct entry into an undergraduate degree. The program allows eligible international students under 18 years of age who have completed overseas qualifications equivalent to Australian Year 11 or higher to enrol in the Foundation Studies Program as a pathway course to undergraduate degrees.

(2) In order to deliver the Foundation Studies Program to international students under 18 years of age the University must comply with Commonwealth, state or territory legislation, other regulatory requirements relating to child welfare and protection appropriate to the jurisdictions in which it operates and Standard 5 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2018 (The National Code 2018) which outlines the minimum standard of support, welfare and accommodation arrangements that must be in place until the students turns 18.

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Section 2 - Definitions

(3) Terms used in this Policy and associated procedures are consistent with the Glossary of Student and Course Terms. The following specific definitions also apply:

Term Definition
Approved accommodation service provider means a provider the University approves to provide accommodation services to international students who are under 18 years of age.
Approved welfare service provider means a provider the University approves to provide welfare services to international students who are under 18 years of age.
CRICOS Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
National Code  means the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2018.
Authorised representative means the education agent who entered into a written agreement with the University to formally represent it.
Confirmation of Appropriate Accommodation and Welfare (CAAW) means the notification issued by the University through PRISMS confirming that it has approved and takes responsibility for a student's accommodation, support and welfare arrangements for the purposes of Standard 5 of the National Code 2018 and the student's visa application.
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Section 3 - Policy Purpose

(4) The purpose of this Policy is to set out the minimum standard that ACU, as a CRICOS registered provider, must meet in accordance with Standard 5 of the National Code 2018.

(5) International students under 18 years of age must have appropriate accommodation and welfare arrangements in place before they can obtain a student visa and commence studies.

(6) This Policy is to be read in conjunction with the Critical Incident Management Policy, the Admission to Coursework Programs Policy, the Safeguarding Children, Young People and Adults at Risk Policy and the Under 18 International Students Procedure.

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Section 4 - Policy Scope

(7) This Policy applies to all international students under 18 years of age or their authorised representatives who applied for the Foundation Studies Program as a pathway to undergraduate degrees and all members of University staff.  The University only approves support, accommodation and welfare arrangements, and issues a Confirmation of Appropriate Accommodation and Welfare (CAAW), for students enrolling in the Foundation Studies Program. All other international students under 18 years of age must live in Australia with a parent or guardian in accordance with Section 6, clause (11)a, and the University does not assume welfare responsibility for those students.

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Section 5 - Policy Statement

(8) The University must meet the Commonwealth, state or territory legislation and other regulatory requirements relating to child welfare and protection appropriate to the jurisdictions in which it operates. The University may also take responsibility for the support, welfare and accommodation arrangements for international students under 18 years of age enrolled in the Foundation Studies Program from its commencement date until they turn 18 or cease to be a student of ACU.

(9) This Policy is informed by the requirements of Standard 5 of the National Code 2018 and is implemented through the Under 18 International Students Procedure.

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Section 6 - Enrolments

(10) The University only enrols international students under 18 years of age if:

  1. the student will live in Australia with a ‘guardian’, as defined in the Migration Regulations 1994 (Cth), approved by the relevant Australian Government Department; or
  2. the student will live in Australia under the support, accommodation and welfare arrangements approved by the University in accordance with the Under 18 International Students Procedure. Welfare arrangements under this clause are only available to students enrolling in the Foundation Studies Program.

(11) The University will not enrol students who are under 17 years of age at the commencement fate of the course under any circumstances.

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Section 7 - University's Approved Support, Accommodation and Welfare Arrangements for Under 18 International Students Who are Going to Study at ACU Under Arrangements Organised by Service Providers Approved by the University

(12) The Pro Vice-Chancellor (Global) will determine and publish the Under 18 International Students Procedure that specifies the University’s requirements to give effect to Section 6, clause(10)b. and the University must only approve the enrolment of students under 18 years of age who adhere to the arrangements in Section 6, clause (10)b.

(13) The University’s approved support, accommodation and welfare arrangements under Section 6, clause(10)b. must be confirmed by the student’s parent or legal custodian or its authorised representative from at least seven days prior to the Foundation Studies Program commencement date until seven days after the last day of study indicated in the Confirmation of Enrolment (CoE) or until the student turns 18 years of age.

(14) International students under 18 years of age must not travel to Australia without having the University’s approved support, accommodation and welfare arrangements in place in accordance with this Policy.

(15) International students under 18 years of age must not change support, accommodation or welfare arrangements as approved under Section 6, clause (10)b. without written authorisation of the University and their parent or legal custodian or its authorised representative.

(16) The student’s parent or legal custodian or its authorised representative must provide the following evidence of arrangements to the University, in the manner set out in the Under 18 International Students Procedure, prior to the University approving the student’s welfare arrangements:

  1. a binding agreement with the student’s University’s approved accommodation service provider; and
  2. a binding agreement with the student’s University’s approved welfare service provider.

(17) The University is entitled to withdraw any approval for support, accommodation and welfare arrangements, cancel the student’s enrolment and report it to the relevant Australian Government Department if the student does not comply with the rules created by the approved accommodation and/or welfare service providers, in accordance with the Under 18 International Students Procedure.

(18) For the purposes of Section 7 of this Policy, University refers to a staff member of Global appointed from time to time to discharge responsibilities including (but not limited to) issuing Confirmation of Enrolment (CoE) and/or monitoring accommodation and welfare service providers, inspecting accommodation premises and liaising directly with students.

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Section 8 - Roles and Responsibilities

(19) The Pro Vice-Chancellor (Global) must assess and approve the suitability of accommodation and welfare service providers.

(20) The Associate Director, International Asmissions and Compliance must implement mechanisms to monitor accommodation and welfare arrangements of international students under 18 until they turn 18 years of age or cease to be a student of the University.

(21) The International Student Advisor and Senior International Student Advisor are responsible for the day to day monitoring and support of international students under 18 years of age, including notification of a student’s parent(s) or legal guardian where welfare arrangements can no longer be approved, escalation and notification to police or other relevant agencies where a student cannot be located and there are concerns for their welfare, and maintenance of records of welfare arrangements, as set out in the Under 18 International Students Procedure.

(22) Students must comply with the requirements of the University, approved accommodation service providers and approved welfare service providers.

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Section 9 - Review

(23) The Associate Director, International Asmissions and Compliance will provide statistical data, results of approved accommodation and welfare service providers along with details of student complaints and outcomes to the Pro Vice-Chancellor (Global) on an annual basis.

(24) The Pro Vice-Chancellor (Global) will review compliance with this Policy on an annual basis.

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Section 10 - Further Assistance

(25) Any staff member who requires assistance in understanding this Policy must first consult their nominated supervisor who is responsible for the implementation and operation of these arrangements in their work area. Should further information or advice be required staff should contact Global.

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Section 11 - Associated Information

(26) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab.