BEYOND

2010

International International Student Student AccommodatiAccommodation on Industry SeminarIndustry Seminar

Perth Perth

Important AnnouncementsImportant Announcements

• Housekeeping

– Mobile Phones

– Toilets

– 5 to 10 minute break near the middle

– Copy of Presentations will be available to all

– Copy of Notes from Seminars will be sent to all

– Questions/Discussions can be ongoing

IntroductionsIntroductions

• David Bycroft: Australian Homestay Network (AHN)

• Damian Haber: “The Pad” Student Living

• Ella Balsamo: Australian Homestay Network (AHN)

• Local AHN Team

• ACPET

The Pad Student LivingThe Pad Student Living

Brisbane’s Largest Student Housing Property Management Company IS GOING NATIONAL

• Affordable housing – including utilities, internet and furniture • Diversity of housing choice• Multiple locations• Standardised professional management model tailored to the needs of students :

• meets minimum standards – Property Audit Inspection Checklist• customer service focused – student liaison / quality assurance managers• strict adherence to policies and procedures and on-going staff training• regular feedback from students, education partners and clients

• Participant of various Government Taskforce Reviews

A DIVERSIFIED PROFESSIONAL SERVICES BUSINESS

4

Special Thank YouSpecial Thank You

• ACPET

• PIER

• ENGLISH AUSTRALIA

• ISANA and

• all who promoted this event

AUSTRALIA WIDE SEMINARSAUSTRALIA WIDE SEMINARS

• Wednesday 28th July – Melbourne (2)

• Wednesday 4th August – Adelaide

• Thursday 5th August – Perth

• Thursday 12th August – Sydney (2)

• Wednesday 18th August – Brisbane

• Thursday 19th August – Gold Coast

Rules Rules

• WE HAVE TO RUN TO TIME

• THE PACE WILL BE FAST

• WE HAVE A TOUGH CHAIRMAN

• THERE HAS TO BE DISCUSSION AND QUESTIONS

• HOPEFULLY WE CAN ALSO HAVE A GOOD TIME AND…

• WORK TOGETHER TO HELP BUILD INDUSTRY DIRECTION

AND SOLUTIONS FOR AUSTRALIA AND LOCALLY

David BycroftDavid Bycroft• Over 10 years experience in the International Education

Industry

• Key campaigner for compulsory Visa Length Overseas Student Health Cover (OSHC)

• Founding Director of the Australian Homestay Network (AHN)

• AHN has been a major contributor to the Senate Inquiry, ESOS Review and various Local and State Government taskforces and reviews

Today's Seminar Format Today's Seminar Format SESSION 1 International Education in Australia (for Dummies)

SESSION 2 How Does Student Accommodation Fit In

SESSION 3 Introducing the Student Accommodation Industry Association

and Trends and Implications for our Industry

BREAK

SESSION 4 The Significance of the Senate Inquiry

SESSION 5 Duty of Care

SESSION 6 ‘Where to from here’ Discussion

QUESTIONS /COMMENTS

WORKING TOGETHER TOWARDS BEST PRACTICE

Definition of Seminar Definition of Seminar

“Formal presentation by one or more experts in which the attendees are encouraged to discuss the subject matter”

• This room is full of ‘experts’ and we have the aim to challenge you, stimulate your mind and hopefully bring out the best from the room…..(and eventually the nation)

• Notes from all meetings will be circulated to all

SESSION 1 SESSION 1

International Education in International Education in Australia (for Dummies)Australia (for Dummies)

Session One Session One

WEAVING THROUGH THE MAZE

“Part of our challenge is to make the complex look simple”

Introducing the Complex Introducing the Complex

1. DIAC1. DIAC DIAC = Department of Immigration and Citizenship

Building Australia’s future through the well-managed

entry and settlement of people.

DIAC –relevant objectives DIAC –relevant objectives

1. Contribute to Australia’s future through managed migration

2. Make fair and reasonable decisions for people entering and leaving Australia

3. Support migrants and refugees to settle in the

community and participate in Australian society

2. AEI2. AEI AEI = Australian Education International

• Australian Education International (AEI) is the international arm of the Australian Government Department of Education, Employment and Workplace Relations (DEEWR)

• AEI leads strategic policy, regulation and government-to-government engagement in the international education sector

Australian Education International Australian Education International (AEI)(AEI) “Australia has a reputation as a

• safe, • progressive and • dynamic place to study and

we maintain this reputation by providing • quality education and • consumer protection

specifically developed for overseas students.” 

About AEI About AEI

“Quality assurance and consumer protection

• “We help safeguard the quality and reputation of

Australia’s courses, teachers and institutions

• We administer the world’s best practice in student consumer protection”

3. ESOSESOS ESOS = Education Services for Overseas Students

ESOS and associated legislation is the legalframework governing the responsibility of education

institutions towards overseas students.

EASY GUIDE TO ESOShttp://aei.gov.au/AEI/ESOS/EasyGuide_ESOS.htm

4. National Code 4. National Code

• The National Code is a set of nationally consistent standards that governs the protection of overseas students and delivery of courses

• All CRICOS-registered providers must comply with the provisions of the National Code of Practice 2007

National Code Relevant Objectives National Code Relevant Objectives

 Protect the interests of overseas students by:

1. ensuring that appropriate consumer protection mechanisms exist

2. ensuring that student welfare and support services for overseas students meet nationally consistent standards and

3. providing nationally consistent standards for dealing with student complaints and appeals;

5. CRICOS CRICOS

CRICOS = Commonwealth Register of Institutions

and Courses for Overseas Students

• CRICOS is a database of more than 1200 Australian education Institutions

• Any education institution that recruits, enrols or teaches overseas students, must be registered on CRICOS

• Education institutions must also register each course they offer to overseas students

How to get on How to get on CRICOS?CRICOS?

• To get registered an education institution must firstly satisfy state and territory government laws

• However the Australian Government retains the final power to register a provider on CRICOS and must be satisfied they comply with the ESOS

legislation

6. PRISMS6. PRISMS

PRISMS = PRISMS = Provider Registration and International

Students Management System

• PRISMS is a secure computer system that is the information source for CRICOS

• Education institutions and their courses are listed on PRISMS, as is each student studying in Australia on a student visa

• That is because this system interfaces with the DIAC data

So In Simple Terms So In Simple Terms

Or………..Or………..

for those who understand thefor those who understand the

AFLAFL

In Football TermsIn Football Terms

The flow of legislative and compliance impacts on education providers and students

ESOS Act / National Code

State LegislationsDIAC and Migration Act

Education Providers on CRICOS

Student Visa Holders

DEEWR-AEI

Relevant sitesRelevant sites

• www.deewr.gov.au

• www.aei.dest.gov.au/ESOS/

• www.immi.gov.au

QUESTIONS /COMMENTS/ QUESTIONS /COMMENTS/ DISCUSSIONDISCUSSION

SESSION 2 SESSION 2

How Does Student How Does Student Accommodation Fit InAccommodation Fit In

The Explanatory Guide The Explanatory Guide The Explanatory Guide mirrors the structure of the

National Code of Practice 2007 with a focus on Part D.

Overseas students differ from domestic students inthat they are subject to migration controls and

face different needs for consumer protection

It starts with the NATIONAL CODE It starts with the NATIONAL CODE (Standards and Rulebook) (Standards and Rulebook)

Standard 1 – Marketing Information and Practices

Registered providers ensure that marketing of their

education and training services is:

1. professional

2. accurate and

3. maintains the integrity and reputation of the industry

Standard 2 - Student Engagement Before Standard 2 - Student Engagement Before Enrolment Enrolment What’s new:STANDARD 2.1• Prior to accepting a student, or an intending student, for

enrolment in a course, the registered provider must provide, current and accurate information regarding the following:

• a description of the ESOS framework made available electronically by DEEWR

• relevant information on living in Australia, including:– indicative costs of living and– accommodation options

Standard 1 Standard 1 Marketing Information and Practices Marketing Information and Practices

Standard 2 Standard 2 Student Engagement Before EnrolmentStudent Engagement Before Enrolment

Comment Comment or or

DiscussionDiscussion

Standard 5 – Under 18 year studentsStandard 5 – Under 18 year students

DIRECT FROM ESOS

Please note: The principles in the examples

below can be applied to all sectors.

Standard 5 – Under 18 year studentsStandard 5 – Under 18 year students

Welfare and Accommodation

Q  What would be considered appropriate accommodation for under age students?

A There are no specific guidelines.

A provider should use their judgement when approving welfare arrangements.

They must have documented procedures for monitoring those arrangements.

Accredited home stay organisations have guidelines for contracts between carers and students.

GUARDIANSHIP for Under 18’s GUARDIANSHIP for Under 18’s

Q  Does the provider need to ensure that the student has a legal guardian in Australia?

A There is no requirement under the National Code 2007, the ESOS legislation or DIAC to have a legal guardian.

GUARDIANSHIPGUARDIANSHIP

• International students studying in Australia on a student visa may require a guardian if they are under 18 years of age

• There may also be exceptional circumstances where a student over 18 years of age may need a guardian for religious or cultural reasons

THE KEY IS THE CAAW THE KEY IS THE CAAW oror

THE CAAW IS THE KEYTHE CAAW IS THE KEY

CAAW IS THE KEYCAAW IS THE KEY• CAAW = Confirmation of Appropriate Accommodation

and Welfare

• It is the DIAC proforma letter downloadable through PRISMS

• Providers use it to create a CoE (Confirmation of Enrolment) for a student aged under 18

• Once the CAAW is created, providers have the option to change or advise DIAC if they do not approve care arrangements

CAAW = Confirmation of Appropriate CAAW = Confirmation of Appropriate Accommodation and WelfareAccommodation and Welfare

• If the provider signs the CAAW letter they place a student into, or approve of, arrangements they consider suitable, taking into account the provisos already listed

• The provider has a duty of care to contact DIAC if they became aware the student was not being well looked after

• Further information on DIAC requirements is at http://www.immi.gov.au/students

ABSENT Under 18 Student ABSENT Under 18 Student

Q Is the homestay provider or education provider responsible for a student who is absent from the homestay without notice?

A Once an education provider has nominated dates for which it will approve care arrangements for an under-18 year old student, the responsibility to approve arrangements continues throughout that period.

UNDER 18 REFERENCESUNDER 18 REFERENCES

• See http://aei.dest.gov.au/AEI/ESOS/NationalCodeExplanatoryGuide/PartD/Standard_5.htm

• And http://www.immi.gov.au/students/_pdf/Changes-to-migration-regulations-students-under-18.pdf

Standard 5 - Under 18 Students Standard 5 - Under 18 Students

Comment

or

Discussion

STUDENTS AGED STUDENTS AGED OVER 18 OVER 18 Q What duty of care does a provider have for

students over 18?

A Normal duty of care arrangements apply for students over 18.

• This will partly depend on your institution and you may need to research this issue

• If there is a particular case you may need to seek your own legal advice

Compliance TipsCompliance Tips(Recommended for all ages)(Recommended for all ages)

• To demonstrate compliance, a provider may need some of the following as evidence:

– Documented procedures that outline:

• the process involving the recommendation, assessment and approval of accommodation and welfare arrangements.

• This should include a process for review and, if necessary, the termination of the arrangement;

Compliance tipsCompliance tips(Recommended for all ages)(Recommended for all ages)

• Documented procedures for checking the suitability of the potential accommodation and welfare arrangements

• This should include a policy for ongoing reviews to ensure continued compliance with the provider’s requirements

Standard 6 - Student Support ServicesStandard 6 - Student Support Services

This standard ensures that appropriate support

services are available to international students to ease

the transition into life and study in Australia and to

assist them as needed.

Standard 6 - Standard 6 - Key RequirementsKey Requirements

Critical Incident Policy• Providers must have a documented critical

incident policy together with procedures that cover the action to be taken in the event of:

– a critical incident,

– the required follow-up to the incident,

– the recording of the incident and

– the action taken

Critical IncidentCritical IncidentThe Explanatory Guide for Standard 6.4 states: “The National

Code defines critical incident as ‘a traumatic event, or the

threat of such (within or outside Australia), which causes

extreme stress, fear or injury’’.

Critical incidents are not limited to, but could include:– missing students– severe verbal or psychological aggression– death, serious injury or any threat of these– natural disaster

issues such as domestic violence, sexual assault, drug or

alcohol abuse.

Standard 6 - Standard 6 - Key RequirementsKey Requirements

ORIENTATION AND SUPPORT SERVICES• Providers must ensure that orientation for all

international students is appropriate and thorough

• Welfare related support services must be available to students to assist with issues such as accommodation, course progress and attendance requirements

• Students must be made aware of the existence of the welfare-related support services and how to access them

Standard 6 - Student Support ServicesStandard 6 - Student Support Services

For a provider to show it is complying with Standard 6,

it may need some of the following as evidence:• evidence that student support services are not limited to

academic issues• evidence of information accessible to students directing

them to any available support services• a documented critical incident policy and procedures,

and evidence that staff members have an understanding of the critical incident policy

• evidence that the information provided during the orientation programme is appropriate and thorough

ISANA (International Education Association)ISANA (International Education Association)

ISANA (International Education Association) produced an online

tutorial covering Part D of the National Code 2007.

Go to:

 http://www.isana.org.au/national-code-online-tutorial.html.

ISANA is working closely with the Australian Homestay Network.

It aims to provide a nationally compliant homestay management

system together with professional development and support for

providers of homestays.

ISANA Working PartyISANA Working Party1. No central authority to which we can refer

homestay problems

2. Need for an ombudsman for international students in each state

3. Need for National rules / guidelines

4. Inability to common list unsuitable hosts

5. Definitions need clarification (rooming etc.)

6. Problems which arise when students organise their own homestay though an individual who has advertised online

GeneralGeneral

Comment

or

Discussion

Think Before Think Before A STUDENT SAFETY INITIATIVE• Think Before is available through a website

www.thinkbefore.com

• This is a new digital approach which helps warn students to be aware of their surroundings

• An initiative of– the Victoria Police, – ISANA and– the Australia Network

ORIENTATION and SAFETY PROJECT ORIENTATION and SAFETY PROJECT

STUDENT WELCOME SERVICES:• Online safety courses with Assessment• Students log in and complete each course

and exam prior to entry• Institutions access results• Students continue to have access post

arrival

Online Orientation Program TopicsOnline Orientation Program Topics

Non Compulsory Tested Topics• Before You Come to Australia (Pre Arrival Information)• Overseas Student Health Cover (OSHC)• Managing My Finances• Life in Australia (Social and Cultural)• Critical Incident Plan• Complaints and Appeals Processes• Public Transport• General Fitness (Activities and Exercise)• Health and Emergency Services• Sun Safety, Bush and Outback Safety• Under 18 International Students

Online Orientation Program TopicsOnline Orientation Program Topics

Compulsory Tested Topics• Personal Safety• Home Fire Safety• Water Safety• Road Rules and Road Safety• Consumer Safety• Social and Community Networks• Stress and Relaxation• Finding Safe Accommodation• Working in Australia

Fire Safety: Induction

Fire Safety: Assessment

Widescreen Presentation

Tips and tools for creating and presenting wide format slides

GeneralGeneral

Comment

or

Discussion

SESSION 3SESSION 3

Introducing the Student Introducing the Student Accommodation Industry Accommodation Industry

Association (SAIA)Association (SAIA)

Introducing Damian HaberIntroducing Damian Haber• The founder of “The Pad” Student Living• Over15 years experience working as an Advisor in Property

to both Corporate and Government• Has practiced as a senior property and tax lawyer in both

Melbourne and Brisbane (Freehills Lawyers) as well as head of Property Advisory for PwC

• Damian brings a strong legal and financial background to the student accommodation industry

• Adopts a professional approach with Government and legislative requirements in Accommodation

• Damian is also the Chairman of the Student Accommodation Industry Association (SAIA)

Disclaimer

The information contained in this Paper is intended as a guide only and does not constitute advice nor should it be relied upon as constituting advice by SAIA, The Pad Management Pty Ltd or its representatives.

It is highly recommended that you obtain your own independent legal and financial advice in relation to the matters raised in this Paper as well as other considerations that may impact on your decision making.

2

Introduction – A Changing MarketIntroduction – A Changing Market

3

The student accommodation industry has grown in significance

on account of:• Strong demand for housing and tightening rental market -

population growth• Unprecedented growth in the International Education

sector• Concerns with existing regulatory environment• Greater awareness among property investors and

developers as a growth market• Greater need to balance the needs of the industry against

the needs of the community

Student Accommodation Industry Student Accommodation Industry Association (SAIA)Association (SAIA)

3

The major areas of focus are:• Greater education and raising awareness of its members

• Planning strategy, development and building controls, regulatory framework - to foster a stronger working relationship with Government and industry regulators on matters affecting the student accommodation industry that promotes greater certainty to members; and

• Operational management – a deeper understanding of various operational issues and implications affecting members

• Representative Body – provide the industry at all levels with a representative body which centralises resources for the benefit of its members

Student Accommodation Student Accommodation Industry Association (SAIA)Industry Association (SAIA)

3

The Association's activities include:

• public policy advocacy – Government liaison

• provision of relevant industry information; and

• networking opportunities for members

Student Accommodation Student Accommodation Industry Association (SAIA)Industry Association (SAIA)

3

The Association's vision is:

• to establish a sound environment to effectively support, monitor and maintain high standards of safety and amenity for both the students as well as the broader community: and

• to ensure student's have a positive experience while studying and living in Australia

TAKE A BREATH TAKE A BREATH AND A NETWORKING AND A NETWORKING

CAFFEINE BREAK CAFFEINE BREAK

Market SnapshotMarket Snapshot

General Economic FactorsGeneral Economic Factors

Demand FactorsGrowth & SentimentInterest RatesPopulation Growth

Supply FactorsFinanceDwelling Approvals

Sales & Rental Pricing & Market Take-Up

DRIVES

3

Enrolment Numbers GrowthEnrolment Numbers Growth

17

International Student Numbers 2002 - 2009 (Australia)

Enrolments Growth:Victoria: 19%NSW: 11.4%Qld: 22.6%WA: 20.1%SA: 20.7%Australia: 16.8%

Market Share:Victoria: 30%NSW: 37%Qld: 16%WA: 7%SA: 5%

Contribution to Export IncomeContribution to Export Income

17

33rdrd largest export behind iron ore & coal – largest export behind iron ore & coal – Why is Government proposing to sanction Why is Government proposing to sanction an industry that is a productivity earner ?an industry that is a productivity earner ?

18

Major demand source nations Major demand source nations projecting GDP Growthprojecting GDP Growth

Source: Study in Australia Paper18

Duration of stay and PR correlationDuration of stay and PR correlation

18

Attrition rates – Domestic v Attrition rates – Domestic v InternationalInternational

19

20Note: This information is indicative only and subject to further detailed analysis

Room Pricing Analysis - StudentsRoom Pricing Analysis - Students

Affordable Housing Strategy Report 2008 – Affordable Housing Strategy Report 2008 – Town of Vincent and Implications for Student MarketTown of Vincent and Implications for Student Market

Objective:• Research paper on affordable housing concerns – planning policy and

market implicationsKey Issue:• Lack of knowledge in planning departments – 60% of housing 1-2 persons• Lack of clear policy and inconsistencies in regulation being unsupportive –

granny flat examplePurpose:• To formulate a policy to provide for a greater diversity of housing choice

and greater affordabilityFindings:• Reform on population density v housing density -utilisation of existing

housing Question:• When?• Status?

Other initiativesOther initiatives

City of Canning – Local Planning Policy• Plan amended to exclude lodging and boarding houses

because of complaints re amenity issues due to student overcrowding issues

Stakeholder Engagement Workshop 2009• Develop a Curtin student housing model – management plan

that addresses community and industry outcomes

WHAT DOES THE INDUSTRY NEED?WHAT DOES THE INDUSTRY NEED?

1. A regulatory environment that manages the needs of Community with the needs of the Industry – consistent approach Nationally

2. Clear performance criteria to expedite assessment and approvals process

3. Students need greater protection and certainty i.e. Is the Accommodation Code Compliant?

4. Industry needs a holistic service offering that is sustainable SO THAT THERE IS A HIGHER DEGREE OF INTEGRATION BETWEEN UNIVERSITIES / INSTITUTIONS AND ACCOMMODATION PROVIDERS

4

WHAT DOES THE INDUSTRY NEED?WHAT DOES THE INDUSTRY NEED?5. Housing supply that is:

• adequate i.e. timely to meet demand• affordable (better value for money)• meets minimum standards (safety & amenity)• offers a diversity of housing type with greater degree of

interaction• close proximity to institution and/or public transport -

greater utilisation of existing adopting effective controls• professionally managed (Operational Management Plan)

OBJECTIVE: AN INDUSTRY CODE OF PRACTICE FOR ACCOMMODATION IS REQUIRED

4

SOME KEY OUTCOMES ALREADY?SOME KEY OUTCOMES ALREADY?

1. Tenancy legislation that specifically recognises Rooming Accommodation

2. Tailored Insurance Protection established that recognises student accommodation

3. Larger banks now revising credit policy more favourably

4. Proposal for a prescribed Rooming Accommodation planning code

4

Where are we now?Where are we now?

Government is seeking leadership and direction from the

Industry to respond to current issues facing the industry in a

consultative and supportive process.

Issue: • Who goes first?• How?• An interim approach that provides the Government with

direction is necessary

4

Benefits Benefits

• Service providers – certainty

• Training providers – a holistic service offering for industry

• Students – greater support and protection

• Authorities – greater enforcement & compliance

HOW DO WE DO THIS?HOW DO WE DO THIS?1. Pre-letting inspection of properties to assess against minimum

industry standards – AUDIT CHECKLIST:• Compliance with applicable building and planning laws that

address safety, amenity and good neighbourhood principle• Operational Management Plan to address things such as:

periodic cleaning, tenant behaviour, privacy, security, tenancy laws, overcrowding, safety certificates, furnishings and fittings, minimum floor spaces and ancillary spaces for common facilities, ratios of sanitary and kitchen facilities to persons, food storage, security, heating, dispute resolution etc

2. Potential Register of student housing facilities

GeneralGeneral

Comment

or

Discussion

SESSION 4SESSION 4

The Significance of the The Significance of the Senate Inquiry Senate Inquiry

The Significance of the Senate – The Significance of the Senate – Safety Safety • 3.15 The committee believes that it is important for

Australia to protect and strengthen its reputation as a safe destination for international students

The Significance of the Senate – The Significance of the Senate – Safety Safety • 3.16 The committee is concerned at the evidence

surrounding

– the lack of personal safety awareness by some international students and

– the reluctance to report safety incidents to the police

The Significance of the Senate – The Significance of the Senate – Safety Safety

Recommendation 1

• 3.17 The committee recommends that international students be provided with personal safety information including reporting requirements, prior to coming to Australia

• This should be reinforced at the orientation session provided by the relevant provider

The Significance of the Senate – The Significance of the Senate – Safety Safety • 3.18 The committee notes that safety is a broad

issue and incorporates factors such as fire and beach safety

• The committee was told that there are initiatives and partnerships underway to provide this information to international students

The Significance of the Senate – The Significance of the Senate – AccommodationAccommodationCommittee View• 3.60 The committee believes that international students

should be provided with more detailed information regarding their accommodation options prior to arriving in

Australia• Without adequate knowledge of the rental market and housing

options available, international students are likely to continue to experience difficulties

• 3.61 Although international students face particular difficulties in finding accommodation, the committee notes the issue of housing shortages is a problem that affects domestic students as well

The Significance of the Senate – The Significance of the Senate – AccommodationAccommodation• 3.62 The committee understands that accommodation

information is available on the Study in Australia website, but believes that:

• information relating to tenancy rights and links to state and territory tenancy unions, should be provided as well so that students are aware of where to turn for advice and with complaints

The Significance of the Senate – The Significance of the Senate – AccommodationAccommodation3.63 Regarding providers, the committee understands the

varying capacity of providers to offer accommodation for

students

• As a minimum standard, the committee believes that every provider should provide a link on their webpage to information on housing options, tenancy rights and obligations and where to go for assistance

• This could be supplemented by more local information as resources permit

The Significance of the Senate – The Significance of the Senate – AccommodationAccommodation

Recommendation

• The committee recommends that education and training providers should be required to provide up to date information on their website regarding accommodation in Australia, including information regarding tenancy rights and responsibilities

• This may be via a link to the Study in Australia website, however, it may also include more localised information

The Significance of the Senate – The Significance of the Senate – HomestayHomestay

Committee View

3.71 The committee accepts the evidence that homestay accommodation is beneficial to international students, the host family as well as the community at large

• The committee supports calls for more homestay arrangements for international students as part of the solution to accommodation shortages, although the Committee recognises the need to ensure minimum standards are met

The Significance of the Senate – The Significance of the Senate – HomestayHomestay

Committee View

3.71 The committee commends the Australian Homestay Network (AHN) for ensuring that it meets the appropriate standards

• The introduction of mandated industry standards should involve appropriate industry consultation and a careful assessment of the costs and benefits.

Standards submitted to the Senate• An online compliant and accessible/fully trackable/auditable

system

• An acceptable industry Advisory Board overseeing the integrity

of systems and processes

• Professional 24/7 phone support including emergency and

critical incident management

• Appropriate insurances for students and supplementary

insurance for hosts

• Part of a National Homestay Network committed to continuous

improvement

GeneralGeneral

Comment

or

Discussion

SESSION 5SESSION 5

Duty of Care Duty of Care

Some relevant history re OSHC……Some relevant history re OSHC…… IN THE YEAR 2000– Uninsured students were a huge problem (40% of students uninsured)– Many students were confused re their health insurance cover – There was initial industry resistance to Visa Length Cover (VLC) and

Program Length Cover (PLC)– Medical claims were eventually made to Institutions for medical

expenses incurred by their students who had no insurance– From 2003 to 2010 - the majority of the industry self regulated and

moved to Program Length Cover (PLC) voluntarily– On 1st July 2010 VLC finally became legislated after over 8 years of

campaigning and industry self regulation

CHANGE IS POSSIBLE!!!!

Welfare and Accommodation Welfare and Accommodation

Q What duty of care does a provider have for students over 18?

A Normal duty of care arrangements apply for students over 18. This will partly depend on your institution and you may need to research this issue. If there is a particular case you may need to seek your own legal advice.

Duty of Care ReferenceDuty of Care Reference

Legal Services, Victorian Government

Department of Human Services, Melbourne, Victoria.

http://www.chp.org.au/homepages_accr/items/174538-upload-00001.pdf

Duty of Care – An Industry Definition - Duty of Care – An Industry Definition - ExampleExample

• The requirement to take reasonable care of an international student, and

• to avoid acts or omissions from industry representatives, which

• could reasonably be foreseen as likely to harm or injure the student

Duty of Care Duty of Care • A duty of care is breached if a person behaves

unreasonably• Failure to act can also be unreasonable in a particular

situation•  A duty of care can be breached either by action or

inaction• The reasonableness of what a person has done, or not

done, is assessed by considering how a hypothetical reasonable person would have behaved in the same situation

Duty of Care Duty of Care • If the person’s job requires special skills or training,

the hypothetical person will be assumed to have the same skills or training

• Manager assessed at management level• Advisor assessed at advisor level• Marketer assessed at marketer level• Etc.• It all comes down to what are the reasonable actions

for a person at their position’s level

Duty of Care Duty of Care • Judging how reasonable a person’s behaviour has

been depends in part on the type of relationship between the institution representative and the international student

• The closer the relationship between the Institution and the international student, or the more dependent the student is on the Institution for their welfare

• the more the Institution will be required to do to ensure the person is not harmed or injured by its actions

Duty of Care Duty of Care • What is considered reasonable will depend on all the

circumstances

• What is reasonable in one situation will not necessarily be reasonable in another

•  An important element in determining reasonable behaviour is the knowledge of the situation

• Every case is different

Duty of Care Duty of Care • The Institution may have information or knowledge

about particular international students or situations

• If that knowledge is available to the Institution it must be taken into account in considering what action to take

• It is no defence to say the particular institution representative/employee was unaware of the available information (e.g. Legislation, Industry Groups, Senate Inquiries, Reviews, etc.)

Duty of Care Duty of Care Injury/Harm

• For negligence to occur there must have been some harm caused

• The types of harm recognised by the courts include:– physical injury– nervous or emotional shock– financial loss

Duty of Care Duty of Care • The harm must be caused by the unreasonable

actions of the Institution/representative/employee for the Institution to be liable for negligence

•  An important element in determining reasonable behaviour is the knowledge of the situation

Duty of Care – What is ReasonableDuty of Care – What is ReasonableThis list of factors must be used by Institution representatives/ staff toensure reasonable decisions are made by the Institution. No single factorcan be relied upon by itself to justify acting in one way rather thananother:

• The risks of harm and the likelihood of the risks occurring• The sorts of injuries that may occur, and how serious they are• Precautions which could be taken• The powers which Institution employees have• The usefulness of the particular activity which involves risks• Any statutory requirements or specific directions from the Institution• Current professional (industry) standards about the issue

All factors will need to be considered together to determine what is reasonable.

Duty of Care – What is ReasonableDuty of Care – What is Reasonable

• The fact that a client gives their consent or expresses a wish to do a particular thing does not justify the Institution or an agency acting unreasonably to help the client perform that activity

• The Institution must act reasonably in the way it uses its powers and the consent of a client does not alter this.

Duty of Care – Duty of Care – PrecautionsPrecautions• The availability of precautions must be considered

• If the risks of harm from an activity can be reduced or eliminated by taking relatively simple precautions, then

• it will not be reasonable to proceed without taking those precautions

•  Representatives/employees must use their professional judgement to assess whether there are precautions which could be taken in any particular situation

Duty of Care – Duty of Care – PrecautionsPrecautionsIf, for example, the Institution was aware that a complaint had

been lodged about some aspect of an accommodation service

provider

• which caused harm to a student and

• a second student was injured and

• the Institution had taken no action on the initial complaint

• the Institution is likely to be found negligent

Duty of Care – GuidelineDuty of Care – Guideline• There is no neat, convenient solution to all the issues raised by

the Institution’s duty of care to its students and others

•  The simplest guide is that as long as representatives/ employees behave reasonably, the Institution will not be found to have acted negligently

• Similarly, as long as the Institution has appropriate systems in place to assure itself that agencies also act reasonably in work with students, the Institution will not be found to have acted negligently

Duty of Care – Delegating Activities or Duties

• Often the law says a duty cannot be delegated. As such it will stay with the original person or body

• This is true even though the original person tries to delegate it to someone else

• This will not prevent the getting someone else to perform the duty (for example, by contracting out the work), but if something goes wrong the responsibility original person will stay with the original person or body

Duty of Care – Three Important FactorsDuty of Care – Three Important Factors

1. Staff training and Professional Developmenta. Legislationb. Industry standardsc. Experience hand over

2. Standardsa. Adoption of the right standardsb. Adherence to the right standards

3. Documentationa. Policiesb. Proceduresc. Processes

GeneralGeneral

Comment

or

Discussion

SESSION 6SESSION 6

Where to from here? Where to from here?

OPEN DISCUSSIONSOPEN DISCUSSIONS• ACCOMMODATION WEB SITES• ACCOMMODATION REFERRALS• ON CAMPUS NOTICEBOARDS• HOMESTAY STANDARDS• “WELCOME TO AUSTRALIA” HOMESTAY• STUDENT ACCOMMODATION INDUSTRY ASSN• HOUSE INSPECTIONS• PRE DEPARTURE ORIENTATION • OTHER?

THANK YOU

BEYOND

2010

International International Student Student AccommodatiAccommodation on Industry SeminarIndustry Seminar

Perth Perth