Part 8, Section 175 · Education Services for Overseas Students Act 2000

Contents

175Giving information to relevant bodies etc.#

Giving information to government agencies, the TPS Director etc.

(1)For the purposes of:

(a)promoting compliance with this Act, the national code, the ELICOS Standards and the Foundation Program Standards; or

(b)assisting with the regulation of providers; or

(c)promoting compliance with the conditions of a particular student visa or visas, or of student visas generally; or

(d)facilitating the monitoring and control of immigration;

the Secretary, or the ESOS agency for a provider or registered provider, may give information obtained or received for the purposes of this Act to:

(e)an agency of the Commonwealth, or of a State, that is responsible for or otherwise concerned with immigration or the regulation of providers; or

(ea)the ESOS agency for a provider or registered provider; or

(eb)the Secretary; or

(f)the TPS Director; or

(g)a Board member; or

(ga)the Overseas Students Ombudsman; or

(h)a person specified in the regulations for the purposes of this paragraph.

Note 1: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Note 2: Information can also be provided by giving access to a system or a part of a system under section 109.

(1A)The Secretary, or the ESOS agency for a provider or registered provider, may give information obtained or received for the purposes of this Act to an enforcement body (within the meaning of the Privacy Act 1988), if the Secretary or the ESOS agency is satisfied that giving the information is reasonably necessary for one or more enforcement related activities (within the meaning of that Act) conducted by, or on behalf of, the enforcement body.

Giving information to the Australian Tertiary Education Commission and certain other people

(1B)The Secretary, or the ESOS agency for a provider or registered provider, may give information obtained or received for the purposes of this Act to the following, for the purposes of enabling the administration of the Universities Accord (Australian Tertiary Education Commission) Act 2026:

(a)the Australian Tertiary Education Commission;

(b)a person mentioned in section 22 or 23 of that Act;

(c)a contractor engaged under section 24 of that Act.

Giving information to the Commonwealth Ombudsman and certain other people

(1C)The Secretary, or the ESOS agency for a provider or registered provider, may give information obtained or received for the purposes of this Act to the following, for the purposes of enabling the administration of the Ombudsman Act 1976:

(a)the Commonwealth Ombudsman;

(b)another officer within the meaning of subsection 35(1) of that Act.

Giving information to registered providers

(2)For the purposes of:

(a)promoting compliance with this Act, the national code, the ELICOS Standards and the Foundation Program Standards; or

(b)promoting compliance with the conditions of a particular student visa or visas, or of student visas generally;

the Secretary, or the ESOS agency for a provider or registered provider, may give information relating to an accepted student’s, or former accepted student’s, student visa to the registered provider for the student.

(3)For the purposes of:

(a)promoting compliance with this Act, the national code, the ELICOS Standards and the Foundation Program Standards; or

(b)promoting compliance with the conditions of a particular student visa or visas, or of student visas generally; or

(c)protecting and enhancing Australia’s reputation for quality education and training services for accepted students;

the Secretary, or the ESOS agency for a provider or registered provider, may give information relating to the exercise of functions by education agents to registered providers.

Publishing information about education agents

(4)For the purposes of:

(a)promoting compliance with this Act, the national code, the ELICOS Standards and the Foundation Program Standards; or

(b)promoting compliance with the conditions of a particular student visa or visas, or of student visas generally;

the Secretary may cause to be published information relating to the exercise of functions by education agents.

(5)Without limiting subsection (3) or (4), the information given or published under those subsections may relate to:

(a)the number of applications for student visas made by or on behalf of students recruited or otherwise dealt with by an education agent that have been granted, refused or withdrawn, or are invalid; or

(b)the number of student visas granted to students recruited or otherwise dealt with by an education agent that have been cancelled or have ceased to be in effect; or

(c)the number of students accepted for enrolment in courses provided by registered providers by students recruited or otherwise dealt with by an education agent; or

(d)the completion rates of accepted students recruited or otherwise dealt with by education agents.

(6)Without limiting subsection (3) or (5), the information given under subsection (3) may relate to:

(a)the number of transfers of accepted students, recruited or otherwise dealt with by an education agent, from one provider or registered provider to a different provider or registered provider; or

(b)the number of transfers of accepted students, recruited or otherwise dealt with by an education agent, from one course to a different course; or

(c)information about education agent commissions in connection with the recruitment of accepted students.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.