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Under 18 International Student Welfare Procedure

Section 1 - Purpose

(1) The purpose of this procedure is to detail conditions of welfare arrangements engaged by RMIT University in accordance with the university’s obligations to international students under 18 years of age, as legislated by:

  1. Education Services for Overseas Students Act 2000
  2. National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code)
  3. Migration Regulations 1994
  4. Child Wellbeing and Safety Act 2005
  5. Child Being and Safety Amendment Act 2021

(2) This procedure should be read in conjunction with RMIT’s Child Safe Policy and Student Safety Measures Procedure.

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Section 2 - Authority

(3) Authority for this document is established by the Child Safe Policy.

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Section 3 - Scope

(4) This procedure applies to:

  1. international student visa holders (subclass 500) under 18 years of age enrolled at or applying to RMIT University or RMIT University Pathways (RMIT UP);
  2. international student education agents;
  3. parents or legal guardians of international students under 18 years of age;
  4. accommodation providers approved by RMIT University to host international students under 18 years of age;
  5. caregivers contracted to provide welfare services; and
  6. RMIT staff responsible for the monitoring, management, and provision of welfare services in accordance with the legislative requirements listed above.
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Section 4 - Procedure

Confirming Welfare Arrangements

(5) International student visa holders under 18 years of age issued an offer by RMIT must confirm welfare arrangements before admission may proceed by submitting an RMIT Welfare Approval Form confirming either:

  1. the student will reside in Australia with a relative approved by the Department of Home Affairs (DHA) until their 18th birthday; or
  2. the student will obtain a Confirmation of Appropriate Accommodation and Welfare (CAAW) from RMIT.

(6) All international student applicants under 18 years of age are required to provide:

  1. personal biodata;
  2. parent or legal guardian biodata;
  3. Australian place of residence and contact details; and
  4. a declaration confirming welfare arrangements via the Welfare Approval Form.

(7) A students parent(s) or legal guardian(s) must confirm the nominated welfare arrangements and will be understood to act as guarantor for said arrangement.

(8) A students parent(s) or legal guardian(s) must maintain contact details with RMIT and engage at RMIT’s request on matters concerning the student’s welfare while they are under 18 years of age.

Confirmation of Appropriate Accommodation and Welfare (CAAW)

(9) Students who require CAAW must provide signed copies of contracts with an RMIT approved caregiver service and an accommodation provider approved by RMIT to host international students under 18.

(10) Accommodation contracts must commence no more than two weeks prior to the commencement of the student’s program.

(11) Accommodation assurances may be considered sufficient for the purposes of CAAW if the following is provided;

  1. a letter of guarantee stating intention to place the student in accommodation no more than two weeks prior to program commencement;
  2. an invoice for a matching fee, placement fee, provisional lease agreement and/or any other associated costs; and
  3. a receipt of above payment of fees.

(12) Accommodation and caregiver contracts must extend to the student’s 18th birthday or two weeks after program completion, whichever occurs first.

(13) RMIT will assume responsibility for the provision and maintenance of welfare arrangements for students who hold an approved CAAW and are enrolled at RMIT University or RMIT UP.

(14) RMIT reserves the right to refuse the approval of welfare arrangements or the provision of a CAAW if the application:

  1. is incomplete;
  2. does not satisfy RMIT requirements for admission and enrolment as detailed in this procedure; or
  3. is in breach of RMIT policy.

(15) RMIT reserves the right to collect data relevant to the student’s welfare, course progression and enrolment from the Welfare Approval Form or other RMIT affiliated sources for the duration of their enrolment while an international student is under 18 years of age, in accordance with RMIT’s  Privacy Policy.

(16) RMIT may share student enrolment information with the Australian Government, parent(s) or legal guardian(s), and contracted third parties if doing so is considered in the interests of student welfare or is required by Federal or State law, in accordance with RMIT’s Privacy Policy.

CAAW Conditions

(17) A student subject to CAAW must comply with the following conditions until their 18th birthday or until the withdrawal or expiration of their CAAW:

  1. Student must reside in RMIT approved accommodation.
  2. Student must maintain a contract with an RMIT approved caregiver.
  3. Student must comply with the RMIT Under 18 International Student Curfew Procedure.
  4. Student must comply with RMIT enrolment and attendance requirements.
  5. Student must advise RMIT of any proposed changes to welfare arrangements.
  6. Student must comply with the RMIT Student Charter and Statement of Student Responsibilities.
  7. Student must comply with Australian laws.
  8. Student must engage the free RMIT endorsed airport pick-up service to collect them from the airport on arrival and deliver them to their approved accommodation, unless a Temporary Welfare Waiver has been approved (see Waiving Welfare).

(18) RMIT reserves the right to withdraw a student’s CAAW should the student fail to comply with any conditions of CAAW or is found in breach of RMIT policy.

(19) RMIT reserves the right to withdraw a student’s CAAW if the nominated parent(s) or legal guardian(s) cannot be contacted or refuse to cooperate with the conditions of CAAW or RMIT policy.

Attendance

(20) Students enrolled in ELICOS or Foundation Studies at RMIT UP are required to maintain a minimum projected attendance rate of 80% of scheduled course contact hours.

(21) In accordance with Standard 8 of the National Code and the RMIT University Pathways (RMIT UP) Student Attendance Instruction, RMIT UP will:

  1. monitor, record and calculate student attendance;
  2. identify, notify and assist students who have been absent from class for more than three consecutive days;
  3. issue warnings via email to the student and implement intervention strategies when calculated attendance fails to meet 90% and/or 85% projected attendance requirement; and
  4. commence the process of reporting unsatisfactory attendance to DHA, parent(s) or legal guardian(s), caregiver(s) (where applicable) and RMIT Under 18 International Student Welfare when calculated projected attendance fails to meet the 80% minimum requirement.

(22) RMIT UP will include students’ parent(s) or legal guardian(s), caregiver(s) (where applicable) and RMIT Under 18 International Student Welfare in all communications with students relating to attendance.

Maintaining Welfare Arrangements

(23) RMIT will not delegate responsibility for welfare arrangements for the duration of a CAAW.

(24) RMIT Under 18 International Student Welfare will maintain the welfare and wellbeing of students subject to CAAW by:

  1. monitoring and confirming the safe arrival of students in Australia;
  2. monitoring curfew register data;
  3. conducting student welfare checks when required;
  4. maintaining regular communication with caregiver(s) and parent(s) or legal guardian(s);
  5. reviewing and approving activities outside of CAAW;
  6. coordinating and approving changes to welfare arrangements; and
  7. managing and reporting critical incidents in accordance with the Student Safety Measures Procedure.

(25) RMIT Under 18 International Student Welfare will verify that an accommodation review has occurred within six months prior to the placement of an international student under 18 years of age with a homestay host or Purpose-Built Student Accommodation (PBSA), and that reviews continue at regular six-month intervals to assess compliance and contribute to continuous improvement.

(26) RMIT Student Welfare will report on and conduct assurance of accommodation providers’ obligations under Child Safe and Gender-Based Violence legislation, RMIT Child Safe Policy, RMIT Gender-Based Violence Prevention and Response Policy as part of the inspections.

(27) In agreement with a homestay service provider, RMIT Under 18 International Student Welfare will assess homestay hosts for suitability to accommodate international students under 18 years of age.

(28) RMIT Under 18 International Student Welfare Welfare will review approved homestay host properties every 6 months after initial approval.

(29) RMIT Student Welfare and Accommodation will conduct homestay inspections of sites where RMIT students are placed according to RMIT Minimum Standards by the following cadence:

  1. Initial in-person inspection one to six weeks prior to student arrival.
  2. Digital survey six months after student placement and every 12 months thereafter.
  3. In-person inspection every alternating 6 months.

(30) RMIT Under 18 International Student Welfare Welfare will conduct annual reviews of externally contracted caregiver services.

Waiving Welfare

(31) RMIT Under 18 International Student Welfare may temporarily waive CAAW conditions if a student submits a Temporary Welfare Waiver or Offshore Abscence Request (Holiday Request). For waiver conditions and criteria, see the Under 18 International Student Curfew Procedure – Curfew Exemptions and Extensions.

(32) RMIT will not delegate responsibility for student welfare if a temporary waiver of CAAW is approved.

Amending CAAW

(33) RMIT Under 18 International Student Welfare may approve changes to welfare arrangements within the legislatively required 14-day timeframes if:

  1. all conditions attendant to clause (5) of this procedure are satisfied;
  2. the proposed change does not unreasonably impact course progression; and
  3. the proposed change does not contravene student visa requirements.

(34) RMIT Under 18 International Student Welfare reserves the right to deny a request to change welfare arrangements if the application to do so is incomplete, or the request is in breach of legislative requirements or RMIT policy.

Managing Disruptions to Welfare Arrangements

(35) If a student, or student’s circumstances, are found to be non-compliant with the conditions of their CAAW, RMIT Under 18 International Student Welfare may investigate a transfer of welfare arrangements.

(36) RMIT Under 18 International Student Welfare reserves the right to determine whether the organisation can meet its obligations to underwrite the welfare of a student subject to CAAW.

(37) Where a student’s behaviour or circumstances inhibit the provision of appropriate welfare as defined by CAAW, RMIT Under 18 International Student Welfare may recommend a transfer of welfare arrangements whereby:

  1. a parent or legal guardian approved by DHA agrees to move to Australia and assume responsibility for the student until they turn 18;
  2. the student agrees to, and is approved for, a Leave of Absence until they turn 18, during which time they will reside in their home country; or
  3. the student withdraws their enrolment from RMIT to either return to their home country or enrol with another registered provider.

(38) RMIT Under 18 International Student Welfare will not approve or implement a transfer of welfare arrangements without consultation with:

  1. the student;
  2. the student’s parent(s) or legal guardian(s);
  3. the contracted caregiver and caregiver service;
  4. the accommodation provider;
  5. RMIT Student Support and/or RMIT UP Wellbeing Services; and
  6. representatives of the RMIT School, College or institution in which the student is enrolled (as appropriate).
  7. education provider who has agreed to accept the transferring student, where applicable.

(39) RMIT Under 18 International Student Welfare and International Admissions will inform DHA via PRISMS of any changes, including withdrawal, to welfare arrangements at the time of the change.

(40) RMIT agrees to continue to maintain welfare arrangements as defined in a student’s CAAW, even if CAAW is withdrawn, or enrolment is suspended, cancelled, or deferred (LoA) until alternative welfare arrangements are confirmed.

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Section 5 -  Compliance

(41) Compliance with this procedure is monitored by RMIT Under 18 International Student Welfare.

(42) Compliance with student attendance requirements and communications is monitored by RMIT UP.

(43) RMIT Education Regulation, Compliance Assurance (ERCA) is responsible for conducting annual assurance reviews, monitoring organisational compliance with this procedure, and providing updates to the Audit and Risk Management Committee via the ERCA bi-annual report.

(44) Breaches of this procedure are reportable via the Organisational Breach Reporting Form and are managed in accordance with the Compliance Breach Management Procedure.

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Section 6 - Definitions

Term Definition
Approved accommodation provider Purpose-Built Student Accommodation (PBSA) or Homestay approved by RMIT to host international students under 18 years of age.
Approved caregiver service Caregiver service approved by RMIT to host international students under 18 years of age.
Caregiver Representative from a student caregiver service contracted to a student subject to CAAW and approved by RMIT.
Curfew A requirement for students subject to CAAW to remain onsite at approved accommodation between specified hours.
Homestay service provider A registered, NEAS accredited homestay service that coordinates the accommodation of international/visiting students with Australian individuals/families.
RMIT RMIT University and RMIT University Pathways (RMIT UP).
Student International student visa holder (subclass 500) under 18 years of age enrolled at RMIT University or RMIT UP and subject to CAAW.
Welfare arrangements Contractually binding arrangements endorsed by either RMIT University or the Department of Home Affairs (DHA) that support the welfare and wellbeing of an international student under 18 years of age.