In­ter­na­tional stu­dents’ code


The new code for the pas­toral care of in­ter­na­tional stu­dents came into ef­fect on July 1, ex­cept for stu­dents al­ready en­rolled, who are cov­ered by the old code un­til the end of the year.

The pur­pose is to pro­tect in­ter­na­tional stu­dents and en­sure they have a positive ex­pe­ri­ence. Ed­u­ca­tion providers can ap­ply to join up to the code. The provider must have ac­cept­able fi­nan­cial prac­tices and per­for­mance, to­gether with poli­cies and pro­ce­dures to meet the code re­quire­ments.

Un­der the code all mar­ket­ing and pro­mo­tion must be clear and ac­cu­rate. Any agents ap­pointed must be mon­i­tored for in­tegrity and pro­fes­sion­al­ism. There must be a writ­ten con­tract with any agent and agents must be ter­mi­nated if they breach the law or jeop­ar­dise com­pli­ance with the code.

Providers must give stu­dents and par­ents in­for­ma­tion to en­able in­formed choices be­fore en­ter­ing into a con­tract and keep copies of all doc­u­men­ta­tion as well as pro­vide copies to the stu­dent. The ed­u­ca­tion es­tab­lish­ment must en­sure all stu­dents are in­sured for their travel, med­i­cal, repa­tri­a­tion and funeral costs. Providers must not al­low stu­dents to en­rol, or con­tinue, if they do not qual­ify un­der the Immigration Act.

They must re­port known or sus­pected breaches as well as ter­mi­na­tions of study. There must be a good ori­en­ta­tion pro­gramme at the start of their study that cov­ers poli­cies, sup­port, ser­vices, con­tact de­tails for staff, health and safety, griev­ance pro­ce­dures and ter­mi­na­tion. They must pro­vide a safe study en­vi­ron­ment, ad­e­quate sup­port and as far as prac­ti­ca­ble, en­sure a safe liv­ing en­vi­ron­ment.

Providers must re­spond ef­fec­tively to in­ap­pro­pri­ate be­hav­iour, de­velop poli­cies for man­ag­ing be­hav­iour, com­mu­ni­cate those to staff and stu­dents and have suit­able emer­gency pro­ce­dures. At least one staff mem­ber must be avail­able 24/7 to be con­tacted in an emer­gency.

Stu­dents aged 10 to 17 have spe­cial re­quire­ments re­gard­ing liv­ing ar­range­ments and parental care­giver su­per­vi­sion. Stu­dents un­der 10 years must live with a par­ent/le­gal guardian un­less they are in a school hos­tel. Ap­pro­pri­ate pro­to­cols must be in place for at risk or spe­cial needs stu­dents.

Ac­com­mo­da­tion and care­givers for un­der-18 stu­dents need to be checked for le­gal com­pli­ance and safety. They must be mon­i­tored by home vis­its and in­ter­views. Stu­dents of dif­fer­ent ages must be ap­pro­pri­ately sep­a­rated.

Stu­dents must also be pro­vided

‘‘At least one staff mem­ber must be avail­able 24/7 to be con­tacted in an emer­gency.’’

with in­for­ma­tion on le­gal rights, min­i­mum wages, max­i­mum hours and fur­ther study op­por­tu­ni­ties. Fees must be pro­tected in the event of with­drawal, end­ing of the course or clo­sure of the in­sti­tu­tion. Re­fund con­di­tions must be clear. The es­tab­lish­ment must have ef­fec­tive in­ter­nal griev­ance pro­cesses and ex­ter­nal av­enues are clear if there is dis­sat­is­fac­tion with the in­ter­nal out­come.

They must com­ply with the In­ter­na­tional Stu­dent Dis­pute Res­o­lu­tion Scheme. Providers must self-re­view for com­pli­ance with the Code but can also be sub- ject to ex­ter­nal re­view. Providers must com­ply with all in­struc­tions of the code ad­min­is­tra­tor. The in­ter­na­tional stu­dent mar­ket is very im­por­tant to many of our schools and ed­u­ca­tion providers. The code will hope­fully en­sure as many as pos­si­ble have a positive ex­pe­ri­ence in New Zealand and that they en­cour­age oth­ers to come here too.

If you have a le­gal in­quiry you would like dis­cussed, email Alan: aknowsley@rain­ey­

Courtesy of Rainey Collins Lawyers, 0800 733 484 or rain­ey­

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