Education Agents Procedure

Overview

This procedure outlines the process for establishing agreements between Adelaide University and an education agent to conduct student recruitment activities.

The procedure aims to ensure:

• education agent relationships are established, monitored, reviewed, performance managed and terminated in a consistent and appropriate manner
• Adelaide University only partners with high quality, reputable, honest, ethical and knowledgeable education agents, who are skilled in enrolling students in Australia
• thorough due diligence is undertaken prior to appointing a new education agent
• education agent performance is monitored on an ongoing basis and regular education agent reviews are undertaken to identify education agents who are underperforming or in breach of their contractual and legal obligations
• associated value and risks are assessed and managed appropriately
• immediate corrective action is taken when Adelaide University becomes aware that, or has reason to believe, an education agent is in breach of its agreement.

Please read this procedure with our Admissions Policy.

Scope and application

This procedure applies to:

• education agent relationships with Adelaide University, both overseas and within Australia
• Adelaide University staff and stakeholders engaged in the development, maintenance and review of education agent relationships.

This procedure will be carried out in accordance with Adelaide University’s [Staff Code of Conduct]. Any attempts to exert pressure improperly or influence actions or decisions made under this procedure must be reported in accordance with [Fraud and Corruption Policy].

Procedures

1. Assessment of education agents:

1.1 Regional Managers, International Recruitment will conduct an appropriate preliminary assessment of potential education agent relationships before recommending the engagement to the Executive Director, Future Students.

The preliminary assessment will be conducted:

• to ensure that the proposed relationship meets the Admissions Policy principles and university business needs
• to confirm the proposed relationship meets Adelaide University student recruitment objectives.

The potential education agent must be notified in writing if the preliminary assessment does not satisfy these points.

1.2 If approved by the Executive Director, Future Students, the Agent Management team will complete the quality assessment and due diligence checks.  

Due diligence will include:

• Confirming that the prospective education agent:
  • understands and meets their obligations under the Education Services for Overseas Students Act 2000
  • conducts legitimate business and has the appropriate licences to operate in each of the nominated countries and regions
  • can identify key points of difference if already well represented in recruitment region
  • has a reputation for ethical business behaviour and credibility in the local community
  • has a reasonably sufficient and consistent period in operation
  • demonstrated success in placing students in Australia
  • demonstrated financial viability and soundness
  • charges reasonable costs for attending agent events and other promotional activities.
• Assessing the likely recruitment opportunities in the nominated country/ region balanced against the number of commencements anticipated by the prospective education agent.
• Assessing prospective education agents’:
  • knowledge and understanding of the Education Services for Overseas Students Act 2000, National Code of Practice for Providers of Education and Training to Overseas Students 2018, Migration Amendment (Streamlining Visa Processing) Bill 2019 (Cth) and other legislative issues affecting international students seeking to enter Australia, and confirming a strong record of compliance
  • knowledge of tertiary education in Australia
  • capacity to provide professional, knowledgeable and well-trained counselling staff
  • social media presence, including accessing the company’s website, Facebook and other platforms, including corroborating owner details and qualifications via LinkedIn
  • reports from nominated referees to ensure they are positive.

1.3 The potential education agent must provide all necessary documents to the Agent Management team including:

• completed [Education Agent Application Form]
• certificate of registered business name and trading name (if different)  
• contact details of at least three referees
• company brochure, handbook or profile documents
• marketing strategy and plan for recruiting prospective students to Adelaide University
• a declaration of any real or perceived conflicts of interest
• any additional information to support the potential education agent’s application.  

The Agent Management team will refer all the due diligence information to the Regional Manager for review.  

1.4 We reserve the right to refuse to enter into an agency agreement.

2. Endorsement and approvals  

2.1 After the due diligence process is completed, the Regional Manager will complete an assessment form detailing the agreement terms and forward the recommendation to the Executive Director, Future Students. Endorsement must also be received from the Director, International Recruitment for education agency agreements and from the Senior Manager, English Language Centre Operations for English Language Centre agency agreements.

2.2 Executive Director, Future Students will review the assessment form and make a recommendation to the relevant delegation holder. See the Delegation Policy.

2.3 Potential education agents will be advised of the outcome of their application in writing by the relevant delegate. The notification will explain the reasons for the decision. The Associate Director, Global Partnerships must be informed of the outcome for agreements involving a partner education provider.

3. Agreement drafting and signing  

3.1 The agency agreement will be prepared once the potential education agent has been approved as per the Delegation Policy.

3.2 The Agent Management team will initiate the agency agreement drafting process which will involve Legal Counsel (if required) and any other relevant area depending on the nature of the agreement. The team will also nominate an Account Manager for each agency agreement.

3.3 The agency agreement will be signed by the relevant delegate as specified in the Delegation Policy.

4. Record keeping

4.1 After the agency agreement has been signed by all parties, the Agent Management team will retain the original fully executed version and current business registration certificate in line with the [Records Management Procedure].

4.2 Education agent agreements will be reviewed annually and recorded in accordance with the Education Services for Overseas Students Act 2000. The Agent Management team will keep records of stakeholder communications in relation to establishing and managing agreement in accordance with the [Records Management Procedure].

4.3 Account Managers will ensure current education agent information is maintained in all relevant systems by providing timely updates.

5. Implementation, monitoring and review  

5.1 Account Managers will manage the agent relationship and provide education agents with an induction and regular training to ensure education agents recruit students who are able to succeed, understand their compliance obligations and provide accurate and up to date information about Adelaide University and its programs and services.

5.2 The Agent Management team will manage the ongoing review and monitoring of the agreement and agent performance and prepare an annual performance review that includes:

• compliance with written contract, and all applicable acts, regulations and standards
• quality of prospective student applications
• numbers of enrolled students and withdrawals
• student or stakeholder feedback
• data obtained from the Provider Registration and International Student Management System (PRISMS)
• publicly and non-publicly available materials and resources
• genuine student requirement refusals, visa approval, refusal and cancellation data
• the number of students who are made an offer who commence, levels of student engagement and their academic progress other relevant information lawfully received by Adelaide University.

Where Adelaide University becomes aware, or has reason to believe, the education agent or an employee or subcontractor of that education agent has not complied with the education agent’s responsibilities under the national code or agency agreement, we will take immediate corrective action.  

Corrective action may include:  

• additional targeted training, information or counselling (costs to be agreed between the parties)
• suspension of the agency agreement in one or all territories
• termination or non-renewal of the agency agreement
• legal action for any loss or damage incurred by Adelaide University
• other corrective action at Adelaide University’s discretion.

5.3 The Account Manager or Agent Management team may recommend additional training, suspension or termination of an agreement if in their opinion a review of education agent performance is unsatisfactory.

If the outcome is to suspend or terminate the agreement or take legal action, the decision must be endorsed and approved in accordance with the Delegation Policy.

5.4 The Account Manager will advise Senior Manager, International Compliance within three business days should they become aware of the education agent or its employees or subcontractors being convicted of an offence or subject to cancellation, suspension, disciplinary, remedial action or conditions as described in Section 17 of the Education Services for Overseas Students Act 2000.

6. Renewal  

6.1 The Agent Management team will initiate the process of renewal or non-renewal of the agency agreement at least three months prior to the agreement expiry date.

6.2 A renewal review will be conducted to assess the education agent’s previous performance and adherence to the agency agreement terms before making a renewal recommendation.

6.3 Where the agency agreement involves a partner education provider, a recommendation on renewal or non-renewal of the agency agreement will be made in consultation with the Associate Director, Global Partnerships.

6.4 The Account Manager will complete the renewal form and recommend renewal or non-renewal of the agency agreement based on the assessment of the expected outcomes as originally proposed, the renewal review and annual agent’s performance review, and whether there is a justification for the continuation of the agency agreement.

6.5 The criteria for non-renewal of agency agreements include but are not limited to:

• no student commencements or negligible commencements during the period of the agency agreement
• instances of fraud, negligence, misleading information, poor student service; or any other activity which places Adelaide University’s reputation at risk
• known or reasonable suspicion of breach of agency agreement
• the initial business case or value proposition are no longer viable  
• changes within the education agent’s business which adversely impact the original business case.  

6.6 Recommendations for renewal or non-renewal of an agency agreement must be endorsed and approved by the relevant delegate. See the Delegation Policy.  

6.7 The education agent will be advised in writing of Adelaide University’s decision by the Agent Management team. For agreements involving a partner education provider, the Associate Director, Global Partnerships must be informed of the renewal review, annual agent’s performance review, and whether there is a justification for the continuation of the agency agreement.

7. Termination  

7.1 Termination of an agency agreement must be carried out in a manner that ensures Adelaide University’s interests are protected, including the interests of our students, and with advice and assistance from Legal Counsel.

7.2 When making the recommendation to terminate an agency agreement, Agent Management team will consider:

• rationale for termination
• adequate transition arrangements
• legal, financial and reputational implications
• other areas of Adelaide University, directly and individually involved in the partnership
• compliance with relevant regulatory and legislative requirements.  

7.3 Agency agreements will be terminated immediately if Adelaide University has reason to believe an education agent or an employee or subcontractor of that education agent is engaging in false or misleading recruitment practices.

7.4 Recommendations for termination of an agency agreement must be endorsed and approved in accordance with the Delegation Policy.

7.5 Once termination is approved, the Account Manager will inform the agent, and the Agent Management team will send the agent an official notice. The education agent's notification of termination will include:

• the grounds for agreement termination
• reference to the corresponding termination clause(s) of the agency agreement.

7.6 The Agent Management team will also notify all relevant external and internal stakeholders of the termination of the agency agreement.

8. Annual Report  

An annual report will be submitted to the Academic Board summarising activities undertaken under procedures 5, 6 and 7.

Definitions used in our procedure

This policy document has been adopted from the University of Adelaide and adapted to meet Adelaide University requirements. All definitions have been reviewed and aligned with the Adelaide University glossary to ensure consistency and accuracy. Where terms differ from common usage or legacy terminology, the definitions in the Adelaide University glossary prevail.

Account Manager refers to an Adelaide University staff member appointed by the Agent Management team to be responsible for the management of a specific signed agreement including liaison with both internal and external stakeholders as applicable.

Education agent refers to a person or organisation (in or outside Australia) who recruits overseas students and refers them to education providers. in doing so, the education agent may provide education counselling to overseas students as well as marketing and promotion services to education providers.

Education agent relationships refer to relationships between Adelaide University and education agent whereby the education agent has been appointed as an authorised representative to facilitate the recruitment of students to Adelaide University.

Partner education provider is an entity (university or private) which delivers education study programs outside of Australia, and with whom Adelaide University has an established or proposed written agreement.

Student recruitment is defined as the promotion and marketing of Adelaide University by the education agent with the goal of having students apply and enrol in a university course or program in return for a financial payment to the education agent.

How our procedure is governed

This procedure is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.

Legislation and other documents related to our policy

Refer to the Delegation Policy for all delegations at Adelaide University.

History of changes

At the time of writing, Adelaide University’s organisational structure, position titles, and committee names have not been confirmed. Square brackets [ ] indicate placeholders for these details. Brackets are also used to identify policy elements that are subject to further decision-making or confirmation. These will be updated once final decisions are made.