EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 21 Record keeping

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 21

Records of students' details

  (1)   A registered provider must keep records of each accepted student who is enrolled with the provider or who has paid any tuition fees for a course provided by the provider.

  (2)   The records must consist of the following details for each accepted student:

  (a)   the student's current residential address;

  (b)   the student's mobile phone number (if any);

  (c)   the student's email address (if any);

  (d)   any other details prescribed by the regulations.

  (2A)   A registered provider must have a procedure to ensure that, at least every 6 months, while the student remains an accepted student of the provider:

  (a)   the provider confirms, in writing, the details referred to in subsection   ( 2) with the student; and

  (b)   the records are updated accordingly.

Records of assessment

  (2B)   If:

  (a)   an accepted student of a registered provider completes a unit of study for a course; and

  (b)   the student's progress in that unit is assessed;

the provider must record the outcome of the student's assessment for the unit.

  (2C)   A record under subsection   ( 2B) must be:

  (a)   kept in accordance with any requirements prescribed by the regulations; and

  (b)   kept up - to - date.

Retention of records

  (3)   The provider must retain records kept under this section for at least 2 years after the person ceases to be an accepted student. However, the records do not need to be kept up - to - date after the cessation.

Note:   If a registered provider breaches this section, the ESOS agency for the provider may take action under Division   1 of Part   6 against the provider.

Unincorporated registered providers

  (4)   If the registered provider is an unincorporated body, then it is instead the principal executive officer who must keep and retain the records as required under this section.

Offence

  (5)   A registered provider, or the principal executive officer of a registered provider that is an unincorporated body, who fails to comply with this section commits an offence.

Penalty:   60 penalty units.

  (6)   An offence under subsection   ( 5) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .