Standard 4 – Education Agents

Outcome of Standard 4

Registered providers take all reasonable measures to use Education Agents that have an appropriate knowledge and understanding of the Australian international education industry and do not use education agents who are dishonest or lack integrity.

4.1 The registered provider must enter into a written agreement with each Education Agent it engages to formally represent it. The agreement must specify the responsibilities of the education agent and the registered provider and the need to comply with the requirements in the National Code. The agreement must also include:

a. processes for monitoring the activities of the education agent, including where corrective action may be  
    required, and
b. termination conditions, including providing for termination in the circumstances outlined in Standard 4.4.

4.2 The registered provider must ensure that its Education Agents have access to up-to-date and accurate marketing information as set out in Standard 1 (Marketing information and practices).

4.3 The registered provider must not accept students from an Education Agent or enter into an agreement with an Education Agent if it knows or reasonably suspects the Education Agent to be:

a. engaged in, or to have previously been engaged in, dishonest practices, including the deliberate attempt
    to recruit a student where this clearly conflicts with the obligations of registered providers under
    Standard 7 (Transfer between registered providers).
b. facilitating the enrolment of a student who the education agent believes will not comply with the conditions
    of his or her student visa
c. using Provider Registration and International Students Management System (PRISMS) to create
    Confirmations of Enrolment for other than bona fide a student, or
d. providing immigration advice where not authorised under the Migration Act 1958 to do so.
 

4.4 Where the registered provider has entered into an agreement with an Education Agent and subsequently becomes aware of, or reasonably suspects, the engagement by that Education Agent, or an employee or sub-contractor of that Agent, of the conduct set out in Standard 4.3, the registered provider must terminate the agreement with the Education Agent. This paragraph does not apply where an individual employee or sub-contractor of the Education Agent was responsible for the conduct set out in Standard 4.3 and the Education Agent has terminated the relationship with that individual employee or sub-contractor.

4.5 The registered provider must take immediate corrective and preventative action upon the registered provider becoming aware of an Education Agent being negligent, careless or incompetent or being engaged in false, misleading or unethical advertising and recruitment practices, including practices that could harm the integrity of Australian education and training.