Education Agent Management Policy

PURPOSE

This policy details Leaders Institute's (LI) processes in the appointment, monitoring, review, and termination of education agents who represent LI.

SCOPE

All education agents of LI

PRINCIPLES

LI ensures that:

• at all times, LI abides by the regulations stipulated in the National Code of Practice for Providers of Education and Training to Overseas Students (The National Code 2018) in its dealing with education agents both onshore (in Australia) and overseas;

• all reasonable measures are taken to use education agents that have an appropriate knowledge and understanding of the Australian international education industry, the ESOS Act and Regulations 2000, the Australian International Education and Training Agent Code of Ethics, as well as LI's accredited courses and programs available;

• all education agents engaged by LI are required to read and be aware of the regulations regarding international students as stipulated in The National Code 2018;

• service arrangements/Memorandums of Understanding (MOU) with education agents are only accepted when service activities have been agreed to and a written agreement is ratified and signed by the President or delegated representative;

• LI and its education agents market all courses and programs with integrity, accuracy, and professionalism, avoiding vague and ambiguous statements;

• that LI provides information with no false or misleading comparisons with another education provider, course, or program;

• reasonable measures are taken to ensure that education agents have an appropriate knowledge and understanding of the Australian international education industry;

• LI and its education agents provide accurate and consistent information regarding the Australian Qualifications Framework (AQF), LI's course accreditations, and scope of registration in all marketing and advertising;

• LI and its education agents provide marketing information and advice regarding payment of fees that is accurate and fair, allowing students or prospective students to make enrolment and payment decisions with a clear understanding of their rights and obligations. LI will not offer any prohibited inducements;

• LI and its education agents will not actively recruit students enrolled with another provider. Applications and enrolments from international students will be processed as set out in the Admission and Enrolment Policy;

• LI and its education agents only use logos belonging to another body in accordance with their conditions of use;

• LI does not use education agents who are dishonest or lack integrity;

• written agreements are signed with education agents, including specific responsibilities;

• student applications from or agreements with agents will not be accepted if LI knows, or reasonably suspects, that they are:

  a. engaged in or have previously been engaged in dishonest practices;

  b. deliberately facilitating application of a student that clearly conflicts with Standard 7 of the National Code;

  c. facilitating application of a student who the education agent believes will not comply with the conditions of the student visa;

  d. using the Provider Registration and International Students Management System (PRISMS) to create Confirmation of Enrolments (CoEs) for other than genuine students; or

  e. providing immigration or migration advice where not authorised to do so under the Migration Act 1958;

• LI and its education agents will not give false or misleading information and advice in relation to:

  a. claims of association between providers;

  b. the employment outcomes associated with a course;

  c. automatic acceptance into another course;

  d. possible migration outcomes;

  e. any other claims relating to LI, its courses, or outcomes associated with its courses;

  f. payment options.

Credit Card Marketing

The advertising, marketing, or merchandising of credit cards directed at students is prohibited at LI. LI also prohibits the provision of student or prospective student information to credit card companies for the purpose of offering credit cards to those students.

LI ensures that the Education Agent Written Agreement includes:

• Responsibilities of the registered provider, including compliance with the ESOS Act and National Code 2018;

• Responsibilities of the agent in representing LI;

• Clear explanations regarding monitoring and correcting;

• Termination conditions (immediate upon failure to meet The National Code 2018 or Migration Act 1958);

• Circumstances under which information about the education agent may be disclosed.

MONITORING

LI will use the methods below to monitors its education agents:

• Regular communication with education agents;

• Student surveys;

• Data from PRISMS;

• Performance and progression of students.

DISMISSAL

LI will immediately take corrective action or dismiss an agent in writing if the agent is negligent, careless, incompetent, dishonest or unethical, including the deliberate attempt to recruit a student where this clearly conflicts with the obligations of registered providers under National Code Standard 7. LI may also terminate an agent agreement if a visa application for a student referred by the agent is refused by The Department of Home Affairs for reasons related to fraudulence or suspicion of fraud.

Any LI staff member who becomes aware of possible breaches of this policy must report it to their supervisor. Any LI staff member or student who violates this policy will be subject to formal disciplinary action. Penalties may range from restriction from campus or in some more serious instances criminal or civil proceedings. LI will report illegal activities and corrupt conduct to appropriate authorities.

PROCEDURES

APPOINTMENT

Prospective agents for LI must meet the following general selection criteria:

• demonstrate appropriate knowledge and understanding of the international education system in Australia, including the ESOS Act, National Code Australian International Education and Training Agent Code of Ethics. Agent’s Code;

• must have carried out previous recruitment and marketing activities with honesty and integrity;

• demonstrated experience in recruitment of genuine students for Australian higher education institutes;

• must have completed appropriate training regarding acting as an education agent for Australian higher education institutes;

• complete an Education Agent Application Form, including two referees from Australian higher education institutes, a certified copy of their business registration or license, and details of proposed fees and charges (if applicable).

WRITTEN AGREEMENT

LI ensures that the Agent Agreement written agreement includes:

• responsibilities of the registered provider, including compliance with the ESOS Act and National Code 2018;

• responsibilities of the agent in representing LI;

• clear explanations regarding monitoring and correcting;

• termination conditions (immediate upon failure to meet The National Code 2018 or Migration Act 1958);

• circumstances under which information about the education agent may be disclosed.

TRAINING

LI provides ongoing training to its education agents, including:

• induction for newly appointed education agents;

• information updates and training when there are changes to legislative and/or regulatory requirements, LI policies, and/or course changes, including fee structures; and corrective training to address any shortcomings in the education agent’s performance identified through LI monitoring;

• regular contact with education agents by phone, email, newsletters, and visits to education agents’ offices to provide up-to-date and accurate information on courses and marketing materials to enable them to conduct their business;

• encouragement for education agents to undertake online PIER training to familiarise themselves with relevant legislative and regulatory requirements. Where possible, education agents will be invited to visit LI for familiarisation.

  
  

MONITORING

The Marketing Manager monitors education agents on an ongoing basis which includes but is not limited to:

• collection, collation, and analysis of relevant statistical data including: offer to conversion rates; student visa refusal rates; adherence to LI admission processes; and performance and progression of students through the course;

• other relevant data from PRISMS;

• LI staff spot checks through face-to-face visits to education agents or contact via phone, email, or other means;

• student surveys;

• student or prospective student feedback/complaints (formal/informal) including claims of engaging in misleading conduct;

• regularly reviewing the education agent’s website for accuracy and currency of information relating to LI;

• feedback from a relevant Australian government departments;

• Annual Performance Review of education agents.

LI will determine from time to time whether, and if so, what, corrective action to implement if an education agent fails to comply with the Agent Agreement. The Institute will take immediate corrective action if it becomes aware, or has reason to believe, that the education agent has not:

• declared and taken reasonable steps to avoid conflicts of interests;

• observed confidentiality and transparency in its dealings with overseas students or prospective students;

• acted honestly and in good faith and in the best interests of the student;

• demonstrated an appropriate understanding of the international education system in Australia, including the Agent Code of Ethics.

CORRECTIVE ACTION

Depending on the circumstances, corrective action may include providing the education agent with additional information, clarifying LI’s expectations, additional or target training on expectations of the education agent, counselling, written warning(s), or termination of the Agent Agreement.

Where LI becomes aware of an education agent behaving in an unethical and/or non-compliant manner as indicated in the Agent Agreement, LI will terminate the agreement. 

RENEWING AND TERMINATING 

Following the education agent’s Annual Performance Review, LI may:

• renew the appointment;

• renew the appointment subject to certain conditions, such as a requirement for further training or an improvement in referral, conversion, and success rates;

• terminate the appointment.

LI will immediately terminate an Agent Agreement in writing if:

• LI becomes aware of, or reasonably suspects negligent, careless, incompetent, unethical, or dishonest recruitment practices, including engaging in false or misleading practices, and a deliberate attempt to recruit a student where this clearly conflicts with the obligations of registered providers under the ESOS Act and the National Code;

• a visa application for a student referred by the education agent is refused by the Department of Home Affairs for reasons related to fraudulence or suspicion of fraud;

• LI becomes aware of any of the other dishonest or criminal practices committed by the education agent;

• the education agent breaches the Agent Agreement;

• LI is directed or required to terminate the arrangement by a relevant Australian government department.

If the Marketing Manager or delegated authority decides to terminate an education agent’s appointment, the Marketing Manager will:

• write to the education agent to advise that their appointment has been terminated using the agent termination letter;

• advise staff that no further applications are to be accepted from the agent.

REPORTING

Any LI staff member who becomes aware of possible breaches of this policy must report it to their supervisor. Any LI staff member or student who violates this policy will be subject to formal disciplinary action. Penalties may range from restriction from campus or in some more serious instances criminal or civil proceedings. LI will report illegal activities and corrupt conduct to appropriate authorities.

LI will notify the relevant Australian government departments of the termination of an Agent Agreement and the grounds for termination if it resulted from suspected criminal conduct. Details relating to the review and decision will be entered on the education agent’s file. The education agent’s name will be removed from the LI website. The education agent’s students will be notified of the termination/non-renewal and be invited to submit a change of agent request and no further referrals and applications will be accepted from the terminated education agent.