Education Agent Policy and Procedure

Education Agent Policy and Procedures

Policy

This policy outlines requirements that Education Agents acting on behalf of Gold Coast Learning Centre adhere to in order to continuously provide high standards of service and information to overseas students. Gold Coast Learning Centre takes all reasonable measures to use education agents that have appropriate knowledge and understanding of the Australian international education industry, and who will act with honesty and integrity. The policy and procedure comply with the provisions of the ESOS Act 2000 and The National Code 2018. This policy applies to the appointment of all education agents by Gold Coast Learning Centre both within Australian and overseas.

Responsibility

The Gold Coast Learning Centre Marketing staff members under the management of the Director are responsible for the selection, appointment, monitoring and management of the activities of education agents.

Requirements (Policy)

1. Gold Coast Learning Centre will appoint Agent to be non-exclusive representatives and to perform the services for the terms set out in an agreement referred to as an Agent Agreement. Each Agreement will be non-exclusive Agreement and the Agent acknowledges that Gold Coast Learning Centre may appoint other representatives as it so chooses.
2. Gold Coast Learning Centre will make each Agent aware of the requirements of the Migration Act 1958, ESOS Act (2000) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 and the Agent will undertake to comply with all regulatory and statutory requirements under any agreement reached. The specific requirements of Gold Coast Learning Centre and the Agent will be contained in a written agreement signed by both parties.
3. Gold Coast Learning Centre 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). This will be accomplished by requiring agents to use Gold Coast Learning Centre web site and G-Drive to access information provided to prospective students. This information is dated when printed. The information that will be accessed in this way is:
   1. Student application form
   2. Student brochure
   3. Course Flyers
4. Gold Coast Learning Centre 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:
   1. 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).
   2. facilitating the enrolment of a student who the education agent believes will not comply with the conditions of his or her student visa.
   3. using Provider Registration and International Students Management System (PRISMS) to create Confirmations of Enrolment for other than a bona fide student, or,
   4. providing immigration advice where not authorised under the Migration Act 1958 to do so.
5. 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 subcontractor.
6. 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

Procedure – Education Agent Selection

1. Prospective agents will be required to complete Gold Coast Learning Centre agent application form (which can be accessed on Gold Coast Learning Centre website), to be phone interviewed and be required to provide evidence of business registration, an accountants’ or lawyers’ reference and at least two-character references. All references will be checked and validated by Gold Coast Learning Centre. Those agents who are judged to operate in an ethical an honest manner will be offered an agent’s agreement. The judgement of the agent will be made on the basis of the phone interview, the references and any other information that may be available.
2. All agents are required to have signed a current Institute agent’s agreement. Agents whose agreements have expired are no longer formally representing Gold Coast Learning Centre.
3. Gold Coast Learning Centre must take immediate corrective and preventative action upon 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. The action must be appropriate to the breach of requirements by the agent and can include: cancelling the agent agreement; correcting incorrect information provided to students; providing students with a full refund of the agent fees in the event that students have been misled by the actions of the Agent; requiring the agent to undertake counselling by Gold Coast Learning Centre about the Agent’s responsibilities under this agreement, code of conduct under this agreement and requirements under the National Code.
4. Gold Coast Learning Centre must notify the Department of Education and the Department of Immigration and Border Protection if they consider the agent may have broken the law.
5. If at any time Gold Coast Learning Centre finds through student interviews or any other means that an agent is acting in contravention of the Agent’s Agreement, the requirements of the ESOS legislation & regulations, or the National Code the agency agreement will be cancelled immediately. Review and maintain agent agreements

Appointment and Written Agreement

1. It is mandatory for Gold Coast Learning Centre to have written agreements with education agents who formally represent the Gold Coast Learning Centre. ‘Formally’ covers situations where the agent promotes Gold Coast Learning Centre courses with the intention of recruiting students for Gold Coast Learning Centre (Gold Coast Learning Centre is not required to have a formal agreement with an education agent who acts on behalf of an international student or their parent).
2. When the applicant has been assessed as satisfactory, the Marketing staff members prepare the Agency Agreement. (form may be found in G:MARKETING/FORMS FOR AGENTS)
3. Both parties sign the Agency Agreement. The Agreement specifies responsibilities of each party and the need to comply with the National Code 2018 Standard 4. A copy of the signed Agreement is retained by Gold Coast Learning Centre and a copy is held by the education agent.
4. Agents are issued with an ongoing agreement which commences upon the date specified in the agreement and remains in force until termination of the agreement by either party, or on the date specified in the agreement if applicable.
5. The appointed education agent will be issued with a G:Drive link to up to date Gold Coast Learning Centre marketing materials and forms.

Education Agent Training and Information

1. Gold Coast Learning Centre ensures that education agents have access to up-to-date and accurate marketing information and materials as set out in National Code Standard 1 and 4.2. Information used for marketing and recruitment purposes will be updated as changes occur. This information and materials will be provided in both hard-copy and downloadable softcopy from the Gold Coast Learning Centre website.
2. Where the monitoring of education agents indicates a deficiency or non-compliance with legislation or the National Code, training and/or the provision of additional information in relation to the expectations of Gold Coast Learning Centre will be provided.

Monitoring Education Agents

1. Gold Coast Learning Centre will take immediate corrective and preventative action if it becomes 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 as set out in National Code Standard 4.
2. Gold Coast Learning Centre will not engage with an education agent who demonstrates unethical behaviour. The agreements with education agents include processes for monitoring the activities of agents and termination conditions. The Manager and marketing staff are responsible for the review process.
3. A number of monitoring actions will allow Gold Coast Learning Centre to evaluate the education agent’s activities. These may include one or more of the following:
   1. regular face-to-face meetings with agents onshore or offshore;
   2. telephone/teleconference meetings;
   3. documented comments taken when speaking or visiting the agent;
   4. regular reports from education agents;
   5. feedback from students recruited by the agent;
   6. surveys of students and/or parents of students recruited by the agents;
   7. performance benchmarks against agreement responsibilities;
   8. observation of education agents (for example, at education fairs/expos);
   9. quality of students (completion rates, number of students reported to DOHA);
   10. conversion rates of successful enrolments from letters of offer;
   11. recommendations from within the Industry;
   12. informal feedback from industry colleagues.
4. Gold Coast Learning Centre will hold one or more review meetings (formal and informal) each year for the total review of education agents.

Education Agent Change of Details

1. Marketing staff will update education agents contact details through:
   1. receipt of email advice
   2. written confirmation on letterhead

Termination of Agreement

1. If as a result of the review (or at any time during the period of the agreement) it is decided to terminate the education agent agreement, Gold Coast Learning Centre will give notice to the education agent in accordance with the terms of the agreement.
2. Gold Coast Learning Centre will terminate the agreement with an education agent if the Gold Coast Learning Centre becomes aware of, or reasonably suspects, the engagement by that education agent or an employee or sub-contractor of that agent, engages in unethical conduct as set out in National Code Standard 4.
3. Where an individual employee or sub-contractor of the education agent is responsible for the unethical conduct, and the education agent has terminated the relationship with that individual employee or sub-contractor, termination of the agreement is not required as set out in National Code Standard 4.