Administrative arrangements
NESA has roles and responsibilities for overseeing administrative arrangements for NSW schools providing courses for overseas students. Find out about administrative arrangements, applications and certification.
Administrative arrangements
Providers of courses to overseas students are required to be:
- registered under the Commonwealth Education Services for Overseas Students Act 2000 (ESOS Act) and
- placed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), which is administered by the Australian Government Department of Education.
The Designated State Authority
Under the ESOS Act, specific state and territory government agencies are ‘Designated State Authorities’. A Designated State Authority is responsible for approving, or not approving providers and courses for overseas students. A provider must be approved by a Designated State Authority to be eligible to be registered on CRICOS.
NESA is the Designated State Authority for this purpose under Part 7A of the NSW Education Act 1990 (Education Act). NESA advises the Australian Government Department of Education of:
- approved providers
- recommendations for registration.
NESA’s authority relates to school providers of courses to overseas students at government or non-government schools, as defined at section 3 of the Education Act.
Under the Education Act, NESA’s functions relate to:
- approval and amendment
- suspension and cancellation of approval processes
- certification
- the issue of guidelines.
The administrative arrangements for NESA to exercise the designated functions are set out below.
Applications for initial and renewed approval
NESA has authority, on application, to approve a legal entity that is the proprietor of a school in NSW to provide courses for overseas students.
The legal entity must be of a type approved by the Minister for Education and Early Learning to be
- the proprietor of a registered non-government school or
- be a representative of a state education authority.
The types of legal entity approved by the Minister to be the proprietor of a non-government school include:
- a corporation
- registered company
- registered association
- trust including religious bodies.
Procedures for applications
Procedures and timelines for an application for initial approval and renewal of approval are available in section 7 of the Guidelines. NESA may grant approval unconditionally or subject to such conditions (which may be imposed when the approval is granted or at any later time) as determined by NESA.
Approval may be granted for a maximum period of five years. Typically, the maximum period for initial approval is 12 months.
Applications for amending approval
Procedures and timelines for an application to amend the scope of approval are available in section 7 of the Guidelines. An application can be made via RANGS Online for the following amendments to the scope of approval:
- adding or removing of courses
- increasing or decreasing the maximum approved overseas student capacity
- establishing or relocating to a new delivery site.
Inspections
Inspectors have been appointed to exercise the function of this role under the Education Act. The role of Inspectors in the approval process is identified in section 2.4 of the Guidelines.
Inspections of school providers
The approval process involves dialogue between schools and personnel at NESA including Inspectors. Inspectors have a delegated role to conduct compliance inspections to ascertain whether or not the school provider complies with the requirements for approval.
Inspections, including visits to the school provider’s site, are conducted when a school provider applies:
- for initial approval to deliver courses to overseas students
- to renew approval
- to amend the scope of approval for courses
- to amend the scope of approval to increase student capacity
- to establish or relocate to a new site.
NESA can also initiate a site inspection at any time under the authority of the Education Act.
Inspectors may talk with staff and students to verify that the requirements for approval are being met.
NESA's decisions on applications
Before making any decision under Part 7A of the Education Act, NESA has authority to:
- serve written notice of the proposed decision on the provider, and
- give the provider opportunity to make representations on the decision.
Notice of decisions
NESA has authority to:
- serve notice of any decision together with the reasons for the decision on the provider (under under Part 7A of the Education Act)
- require an approved school provider to cause notice of any change in provider’s details to be given to a nominated person or body (as identified in section 3.14 of the Guidelines).
Providing information
Applications for approval specify the documentation to be provided. NESA has authority to require an applicant to provide further information in relation to an application.
Notifications to NESA
NESA may ask providers to update their details (as identified in section 3.14 of the Guidelines).
A notification can be made via RANGS Online for each of the following:
- change of Principal Executive Officer (PEO) details
- change to course details including course cost and duration
- change of name or address of the school provider
- request to cancel school provider approval.
Refusing approval
NESA may refuse an application for approval based on one or more of the reasons given in section 2.5.4 of the Guidelines.
Amending, suspending or cancelling approval
NESA has authority to:
- amend, suspend or cancel approval, or revoke, amend or impose additional conditions as identified in section 2.5.5 of the Guidelines
- lift the suspension of an approval at any time and to determine the payment of a fee that may be required before any such suspension is lifted
- suspend or cancel approval based on one or more of the grounds identified in section 2.5.5 of the Guidelines.
Appeals for review of certain decisions
NESA has authority to appoint an internal review decision maker with respect to decisions conducted under the Administrative Decisions Review Act 1997 No 76 and identified in section 10 of the Guidelines.
Certificates
The NESA CEO has authority to sign certificates that certify that on a specified date or during a specified period, a specified person:
- was a provider or
- was not an approved provider, or as such a provider
- was approved or
- was not approved to provide
- courses generally
- a specified class of courses
- or a specified course.
This certification is admissible in any proceedings and is evidence of the fact or facts so certified.
Sharing information
NESA may disclose any information to:
- any agency of the State or the Commonwealth or
- any other State or Territory or
- any other persons for the purposes of its functions as a designated authority under the ESOS Act, to the extent authorised by the regulations.
Fees
The NESA CEO may determine a fee schedule for:
- activities related to approval including an annual fee, and
- an application for approval to provide courses for overseas students, or
- a notification of a change to approval.
Procedures for payment of application fees are identified in section 7.1 of the Guidelines.
Find details of the fees that NESA charges on the fee schedule.
NESA may take recovery action with respect to any fee payable as a debt, in any court of competent jurisdiction.