Check an education agent's written agreement and record
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the agreement and the provider's agent record, list whether the agreement covers the provider's responsibilities, the agent's responsibilities, monitoring, corrective action and termination, and the circumstances in which information may be shared. List which of the agent's name, business address, registered office, postal address, phone, email, website, ABN or ACN, trading names, directors, migration agent number, and the name, email and migration agent number of each employee who facilitates enrolment, are missing from the record. Flag a commission connected with a student who is transferring from another provider, and a conflict where the agent charges both the student and the provider, has a financial interest in a private provider, or has an employee in a personal relationship with a provider employee. Do not rewrite the agreement and do not decide whether to terminate it.
- What the lawyer must review
- The lawyer decides whether the agreement meets Standard 4 and whether the relationship continues, and writes or settles the agreement. The Department of Education Standard 4 factsheet states that a registered provider must have a written agreement with each education agent who formally represents it, and must enter and maintain the agent's details in PRISMS. The agreement must outline the provider's responsibilities under the Education Services for Overseas Students Act 2000 and the National Code 2018, the agent's responsibilities, the provider's monitoring of the agent and of accurate information to students, the corrective action and the grounds for termination, and the circumstances in which information about the provider may be shared with Commonwealth or state and territory agencies. The provider must take immediate corrective action, or terminate the relationship, if the agent or an employee or subcontractor is not complying with the National Code. False or misleading recruitment requires immediate termination, and if an employee or subcontractor engaged in it the provider must require the agent to end that relationship. The provider must not accept students from an agent it knows or suspects is giving migration advice without being a registered migration agent, facilitating a transfer prohibited under Standard 7, facilitating enrolment of a student the agent believes will not comply with visa conditions, or using PRISMS to create non-genuine confirmations of enrolment. A commission, including any monetary or non-monetary benefit, must not be paid for recruitment of an overseas student who is transferring from another provider. The factsheet states that a commission may be paid where the student has completed, or is set to complete, the principal course before the new course begins, and that a visa granted for a package of courses is not a transfer. Where an agent has recruited an accepted student, the factsheet sets out the details the Education Services for Overseas Students Regulations 2019 require in PRISMS. The factsheet says compliance is measured against the National Code, not the factsheet. This task is not the written agreement with the overseas student.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the agreement and the provider's agent record, list whether the agreement covers the provider's responsibilities, the agent's responsibilities, monitoring, corrective action and termination, and the circumstances in which information may be shared. List which of the agent's name, business address, registered office, postal address, phone, email, website, ABN or ACN, trading names, directors, migration agent number, and the name, email and migration agent number of each employee who facilitates enrolment, are missing from the record. Flag a commission connected with a student who is transferring from another provider, and a conflict where the agent charges both the student and the provider, has a financial interest in a private provider, or has an employee in a personal relationship with a provider employee. Do not rewrite the agreement and do not decide whether to terminate it. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match the agreement against the five matters the Standard 4 factsheet says it must outline.
- Match the PRISMS record against the agent and employee fields the factsheet lists for a recruited accepted student.
- Confirm any commission or termination decision is the lawyer's, and that the tool has not rewritten the agreement.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
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