A provider using an agent must ensure that anyone who acts on their behalf complies with the National Code requirements relating to marketing and student information (refer to the National Code paragraphs 19-25) and student recruitment and placement (refer to the National Code paragraphs 26-30). Under the National Code, a provider can be held accountable for the actions of its agents in regard to marketing of its courses, and the recruitment and placement of overseas students. Under paragraph 49 of the National Code, a provider must not accept, or continue to accept, overseas students recruited by an agent, or authorise an agent to use PRISMS on their behalf, if they know, or reasonably suspect the agent to be engaged in any of the following practices.

Agents MUST NOT do the following:
・ make false or misleading comparisons with any other provider or their courses;
・ make any inaccurate claims of association with any other provider or organisation;
・ give inaccurate/dishonest advice as to acceptance into another course;
・ hold out the promise of permanent residence in Australia following study, or suggest fraudulent means of achieving residence;
・ suggest to students that they can come to Australia on a student visa with a primary purpose other than full-time study;
・ help applicants who intend to come to Australia on a student visa intending to breach the conditions of their visa;
・ engage in false or misleading advertising or recruitment practices; or
・ use PRISMS to create eCoEs for applicants who will not be bona fide (genuine) students.

Agents, in representing an Australian education provider, MUST do the following:
・ market Australian education and training services honestly; and
・ provide accurate information to students.

In addition, AIS Education Centre assumes practical responsibility for assisting our education provider partners to ensure that students have received at least :

The following information about the course:
i. a general description of the content;
ii. the qualification or accreditation gained on completion;
iii. the duration;
iv. the teaching methods used (including any field trip or work experience requirements);
v. the assessment methods used;
vi. if another provider is also involved in providing the course, that fact and the location of course delivery by that provider;
vii. details of any arrangements with other providers for recognition of the course or completed components of the course; and

A general description of:
i. the facilities (for example classrooms, furniture, fittings);
ii. the equipment (for example audio-visual teaching aids);
iii. the learning resources (for example reference texts and software) available to students undertaking the course and;

An itemised list of all fees payable to the provider; and

Information about the minimum level of English language proficiency, educational qualifications and work experience required for the student to be accepted for the course (unless this is clearly not relevant).

Also, the CRICOS-registered provider is responsible for the following activities, whether conducted by (i) the provider, (ii) their agents, or (iii) those involved in the provision of a course under an arrangement with the registered provider.

1) Recruitment of overseas students must be conducted in an ethical and responsible manner. The registered provider must ensure that any offer of a place on a course made to an overseas student is based on an assessment by a suitably qualified person of the extent to which the student's qualifications and proficiencies are appropriate to the course.

2) The registered provider must include, in any offer of course placement, information on requirements for English language skills (unless this is clearly not relevant), or bridging courses where these are considered necessary.

3) The registered provider must obtain evidence that assessment of an intending overseas student's proficiency in English has been carried out (unless this is clearly not relevant). Assessment must be done by a suitably qualified person. Evidence of assessment must meet the requirements of the Migration Regulations.

4) The registered provider must inform intending overseas students accurately of the requirements of the course, and there must not be any suggestion that they do not have to study or attend classes.

5) The registered provider must enrol overseas students only in full-time courses, as defined at paras 13.1 and 13.2 of the ESOS Code.