agent management-best-practice-guide

Queensland VET Sector International Education Agent Management

A Best Practice Guide for

Agent Management

Department of Education, Training and Employment

Queensland Government Australia

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TAFE Queensland international


Education House

30 Mary Street

Brisbane Qld 4000

PO Box 15033

City East Qld 4002

EmAil: [email protected]

WEB: http://training.qld.gov.au/international

December 2011



International Education: Best Practice Guide Series

Department of Education, Training and Employment Queensland Government, Australia

International Education Agent Management | A Best Practice Guide2

Acknowledgments The International Education Agent Management Best Practice Guide (the ‘Guide’) has been developed by the International Education Resources Group for the Queensland Department of Education, Training and Employment. Copies of the Guide and associated resources are available on the Queensland Department of Education, Training and Employment website at http://training.qld.gov.au/information/tafe-qld-international/best-practice-guides.html.

Requests for Information This Guide contains ideas and examples of recognised industry good practice in international education agent management. It has been developed in good faith to support the Queensland VET sector and is intended for use as a source of ideas and options that can be adapted and customised for a provider’s unique situation. The Queensland Government disclaims all responsibility and all liability for any expenses, losses, damages and costs you might incur as a result of the information in this Guide being inaccurate or incomplete in any way, or from the use of, or reliance on, this material.

Disclaimer By their very nature, Best Practice Guides are a work in progress. They are a snapshot in time of how providers are dealing with a topic and/or market opportunity. It is not possible to capture every detail regarding the subject or every provider’s experience. As a dynamic industry resource your ongoing submissions, contributions and ideas are welcomed – please email us at [email protected].

International Education Agent Management | A Best Practice Guide 3

Industry Contributions TAFE Queensland International wishes to acknowledge the valuable insight of the registered training organisations (RTOs), education agents and other industry experts in Queensland that provided input into this Guide. These include:

• AMET Education

• AusEd Brisbane

• Australian Council for Private Education and Training (ACPET)

• CHARLTON BROWN®

• City Smart Education

• Gold Coast Institute of TAFE

• IDP Brisbane

• International Education Services (IES)

• Marlin Overseas Student Agency

• Metropolitan South Institute of TAFE

• Migration Institute of Australia

• Queensland Education and Training International (QETI) (now known as International Education and Training Unit within the Department of Employment, Economic Development and Innovation (DEEDI))

• Sarina Russo Schools Australia

• Shafston

• Southbank Institute of Technology

• Think Education Group

• Viva College


Table of ContentsAcknowledgments 2

Requests for Information 2

Disclaimer 2

SECTION ONE: AGENTS AND THE AUSTRALIAN INTERNATIONAL EDUCATION SECTOR 6

1. Introduction 7

1.1. Aim of the Guide 7

1.2. The Approach 8

1.3. How to Use this Guide 8

2. What is an International Education Agent? 8

2.1. Types of International Education Agents 9

3. Why Use an International Education Agent? 10

3.1. Reasons to Partner with International Education Agents 10

3.2. Reasons not to Partner with International Education Agents 10

4. Agent Regulation and Control 11

4.1. ESOS Act and the National Code 11

4.2. Education Agents Peak Professional Body 13

4.3. Additional References and Resources 14

5. Managing Agents in Turbulent Times 14

5.1. Potential Risks 15

5.2. Due Diligence and Monitoring 16

5.3. Managing Change Effectively 16

6. Strategically Managing Your Business 18

SECTION TWO: THE AGENT MANAGEMENT PROCESS 19

1. Best Practice in Agent Management 19

1.1. Steps in Agent Management 19

2. Identifying Agents 20

2.1. Market Alignment 20

2.2. Agent Alignment 21

2.3. Sources of Agent Contacts 23

3. Appointing Agents 25

3.1. Application Process 25

3.2. Agent Management Models 28

3.3. Contracting Agents 32

4. On-going Agent Management – Relationship Building 35

4.1. Ongoing Agent Management 35

4.2. Communication 37

4.3. Marketing and Promotion 39

4.4. Record Keeping 40

4.5. Managing Issues 41

5. Review of Agents 42

6. Exit Strategies 42

6.1. Non-Compliance 44


SECTION THREE: PROVIDER TOOLS AND TEMPLATES 46

1. Sample Education Agent Code of Conduct 47

2. Sample Agent Appointment Monitoring and Termination Policy 48

1. Purpose 48

2. Scope 48

3. Definitions 48

4. Actions 48

5. Agent Performance Appraisal 49

6. Re-appointment of an Agent 49

7. Termination of an Agent 49

8. References 50

9. Forms/Record Keeping 51

3. Sample Application for Consideration to be Appointed as an Education Agent 52

1. Sample of an Application Letter 56

2. Sample of Provider Information (International Prospectus) 57

3. Example of an Educational Referee Report 58

4. Example of a Student Referee Report 59

5. Process Checklist: New Agent Application 60

6 Example of Rejection Letter 61

7. Example of Education Agent Acceptance Letter 62

8. Sample Agent Contract 62

9. ExampleofEducationAgentCertificateofAppointment 74

10. Example of Order Form for Promotional Materials 75

11. Example of Agents Manual Contents – Version 1 76

12. Sample Agents Manual Contents (ISANA Report) -Version 2 77

13. Sample of Agent Database / Register 78

14. Sample of an Agent Annual Communication Plan 79

15. Sample of Performance Review of Agent Template 80

16. Example of an Renewal of Education Agents Contract Letter 81

17. Example of Non-Renewal of Contract Letter 82

18. Example of Letter of Termination 83

4. Appendices 84

List of Acronyms 84


SECTION ONE: AGENTS AND THE AUSTRALIAN INTERNATIONAL EDUCATION SECTOR


1. Introduction

The global mobility of students has increased at a rapid rate. Over the past three decades the number of international students quadrupled, from 0.8 million (1975) to 3.3 million (2008).1 Since the late 1990s, growth has accelerated. In 2008 alone growth was 11 per cent on the previous year.2 Should current trends in international enrolments continue it is expected that between 4.1 million and 6.7 million students will be studying abroad by the year 2020.3 Australia’s share of the global international student market is between 7 and 8 per cent.

Education is Australia’s third largest export industry and Australia’s largest service export, ahead of tourism.4 The value to the Australian economy of education exports in 2009–10 was $19.1 billion, an increase of 10.2 per cent on 2008–09. Educational services have grown to become Australia’s largest services export industry ahead of other personal travel services ($12.1 billion) and professional and management consulting services ($3.1 billion). In 2010 over 619,000 international students from more than 100 countries were enrolled to study in Australian institutions. The majority was in higher education (39 per cent) and vocational education and training (VET) (34 per cent).

Australian institutions actively use an extensive network of commercial agents within target markets to promote their offerings and to recruit international students. Over 40 per cent of commencing international students are engaged or introduced through an agent of one kind or another.5 The use of agents has been a hallmark of Australian international education and has been instrumental in Australia’s outstanding commercial success. In 2010-11 the Australian international education sector experienceditsfirstsignificantdownturnandassuchprovidershaveneededtoreassesstheroleanduse of agents in their recruitment strategies.

In order to maintain market share and growth in the Australian VET sectors internationally, education providers need to be increasingly savvy in their approach to business development. International education agents play a significant role in the international education sector. In fact, InternationalBenchmarking research conducted by Alan Olsen in 2008 indicates that on average over 50 per cent of student enrolments were referred by international education agents to the Queensland public VET sector inthatyear.WorkingeffectivelyandefficientlywithagentswillbecrucialtoensuringtheQueenslandVETsector can sustain and increase its share of the international education market.

1.1. Aim of the GuideTAFE Queensland International has commissioned this research into agent good practice and prepared this Guide in order to assist Queensland VET providers in building their capacity and effectively partnering international education agents.

Thespecificaimsoftheresearchareto:

• betterunderstandgoodpracticeinagentmanagementandsharethefindingswitheducationproviders and international education agents so Queensland can continue to improve operations

• build a better understanding of the roles and activities that both providers and agents play in the international education industry.

1 OECD (2010). Education at a Glance, p. 32.UNESCO (2009) estimates a total of 2.8 million international students globally in2007.Whileestimatesmayvary,beingbasedondifferentparameters,theoveralltrendtowardssignificantcontinuinggrowth is evident.

2 OECD (2010).Education at a Glance, p. 32.3 Calderon, A. (2010).Emerging countries for student recruitment in tertiary education.Paper presented to the IMHE-OECD

Conference, Higher Education in a World Changed Utterly: Doing More with Less, Paris September 2010, p. 6. 4 Australian Bureau of Statistics (2010).(ABS Catalogue no. 5368.0.55.004).Note: Includes international students studying

onshore on student visas only. Export income does not include income generated by the operation of offshore campuses of Australian institutions.

5 Olsen, A. SPRE, (2009)


Based on the research this Guide has been developed to provide practical tools and techniques for providerstoworkmoreeffectivelytogetherwithagentstocontinuetoachievesignificantgrowthfortheQueensland and Australian international education industry.

1.2. The Approach The approach and initial research to inform this guide was undertaken in 2009. The outcome of the research was the 2009 Agent Management Best Practice Guide, that has been very well received and highly utilised across the sector. Since this time there have been a number of changes in market conditions that have resulted in the need to review the currency and relevance of the guide content.

This Guide represents an updated version of the original and provides additional and current references andresourcestoensureprovidersmaintainefficientpractices.Toensurethecurrenteditionistimelyandrelevant the following approach was used to inform its development.

Phase One: Desk Research

This phase aimed to identify current practice and process in effective international education agent management through desk research. A range of articles, presentations, conference papers and international education providers’ web sites were reviewed to determine processes. Current legislation was also reviewed so that the requirements needed to inform policies and procedures were noted.

Phase Two: Interviews with Targeted VET Providers and Agents

Based on the research above, a discussion framework was developed for phone interviews with a targeted group of VET providers in Queensland. The targeted providers covered those at various stages of their internationalisation. The interviews aimed to identify: current agent management practice for VET providers in Queensland and what providers felt was needed to advance or improve their agent management activities. Providers were also asked to provide examples of forms, processes and resources that could be used to inform the creation of the Provider Templates found in Section Three.

Phase Three: Report Preparation and Review

BasedontheoutcomesfromPhaseOneandTwothefinalreportwaspreparedforfeedbackfromkeystakeholders. The final publication is this International Education Agent Management Best PracticeGuide 2011.

1.3. How to Use this Guide This Guide has been developed in three sections:

• Section One provides an overview of the international and domestic market to provide context.

• Section Two outlines the steps of best practice in education agent management.

• Section Three provides a set of tools, templates and resources providers can contextualise to their specificbusinessneeds.

Depending on your needs, you can work through the Guide or simply choose relevant sections. Each section includes case studies to provide further information and practical examples.

2. What is an International Education Agent?

An international education agent is often seen as a bridge between the many people involved in international education– including students, parents, providers and home-stay families –providing a pivotal link between them. Agents can be found across the world with many offering services to the full range of providers including language schools (ELICOS), schools, VET providers and higher education institutions.

Thespecificactivitiesofanagentvarybasedonproviderandstudentneeds,buttheircoreactivitiesaregenerally targeted towards students and providers as follows in Table 1.


Table 1: Core International Education Agents’ Services

Targeted to Students Targeted to Education Providers

• Providing information on the range of education options, courses and pathways

• Providing information on the preferred countries – travel, lifestyle, etc.

• Providing education counselling for students to ensure the most appropriate course selection

• Processing applications to education providers

• Processing visa applications

• Supporting students while in Australia

• Recruiting suitable students for the provider

• Processing student applications

• Offering a translation service

• Providing market intelligence on changes to demand for courses

• Marketing and promoting education providers

• Student-related administration

The education agent industry is not regulated in Australia. Agents are not required to be a member of any particularbody,orhaveanyspecifictrainingorminimumbusinessrequirements.However,thereareanumber of quality controls and systems that can assist providers in determining whether they should enter into a partnership with a particular agent. More detail on this can be found in the Due Diligence section of this Guide. It should be noted that an education agent that is not a registered migration agent cannot provide migration advice to a student but can provide advice regarding student visa types.

2.1. Types of International Education Agents There are two key types of education agents. These are:

• inbound student agents

• partnership agents.

Inbound Student Agents Inbound student agents focus on recruiting students to study in Australia. These agents may be based either in Australia or offshore or they may have branches in a number of locations. Many agents provide services to a number of clients in markets across the world. Most often inbound student agents work on a commission per student recruited.

Providers should be aware that some agents may use the services of a sub-agent – that is, an agent that feeds students through a lead agent to a provider. As the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (National Code) prescribes thatallprovidersmusthaveawrittenagreementwithanagent,providersshouldseekclarificationfromanyagentifthisispracticeandhowtheprocessismanaged.Thiscanbeclarifiedduringtheagentapplicationstage.

While not common, some agents may request to be a sole/exclusive agent in a particular market. Providers should carefully consider the pros and cons of such an agreement and ensure they are not limiting their options.

Partnership Agents/Business BrokersThese agents focus on developing partnership programs between international providers and/or industry. Often these agents work on a retainer or commission per project.


Migration Agents vs. Education Agents A migration agent is an individual who has met the minimum requirements to be registered with the Migration Agents Registration Authority (MARA). This registration allows them to legally provide immigration assistance and advice. For more information and a list of Australian registered migration agents visit https://www.mara.gov.au.

Many migration agents also offer the services of an international education agent and vice versa. Agents with both the education and migration skill and knowledge in their organisation may add value to an agency partnership. Providers should ensure they understand the primary focus of the agency and their strengths as different management styles and approaches may be needed for agents with different skill sets. For example, a migration agent may need more support in educational knowledge, such as knowledge of Australian Quality Training Framework (AQTF) or the Education Services for Overseas Students (ESOS) Act 2000.

3. Why Use an International Education Agent?

The international education agent industry is highly competitive and working with a good agent can be very lucrative for an education provider. While this is the case, the decision to employ an education agent should be considered carefully to ensure agents are used most effectively for your organisation. There are a number of reasons you may consider using an education agent and a number of reasons you may not. These are described below.

3.1. Reasons to Partner with International Education Agents• Agents can provide innovative marketing and promotional ideas that may be highly relevant to the

target country.

• Agentswithofficesorcontactsinoffshoremarketscanprovidefirst-handinformationontrendsandopportunities.

• Agentswithoffshoreofficescanprovideon-groundsupportandthusreducetheneedtotravelasfrequentlytomarkets,reducingtheoverallbusinessdevelopmentcostsandincreasingprofitability.

• Agents provide local expertise and have local language and cultural understanding and knowledge.

• Agentscanprovideaccesstohigh-riskmarketsthatmaybecostly,difficultordangeroustoaccess.

• Agents can provide a one-stop-shop for students, which may increase students’ overall satisfaction with the experience.

3.2. Reasons not to Partner with International Education Agents• Agents are not regulated in Australia and as such a greater onus is on the provider to select

quality agents.

• Under the ESOS Act there is a requirement to manage agents and adhere to minimum management requirements, using staff resources that could be used for other activities.

• Theindustrystandardcommissionspaidtoagentsaresignificantandprovidersneedtoassessthese costs against direct student recruitment.

• Agents are placed in a position of considerable power, being the business development arm for your organisation, and therefore providers need to manage and control their activities.

• There is potential for providers to be targeted by agents that employ illegal and/or unscrupulous practices, so considerable due diligence is required.


4. Agent Regulation and Control

4.1. ESOS Act and the National Code

The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007The National Code as it relates to the use of education agents requires that providers:

• use education agents with an appropriate knowledge and understanding of the Australian international education industry

• enter into a written agreement with agents you engage to formally represent you

• ensure your education agents have access to up-to-date and accurate marketing information

• do not accept students from, or enter into an agreement with, any agent you suspect to be engaging in dishonest practices

• terminate an agreement if you become aware that your agent is acting dishonestly or unethically

• take immediate corrective or preventative action if you become aware of any form of unprofessional activity by your agent.

2010 Amendments to the ESOS ActIn 2010, following a review of the ESOS Act, new regulations were introduced in order to improve the accountability in the use of agents. Under the Education Services for Overseas Students Amendment (Re-registration of Providers and Other Measures) Act 2010, providers are required to ‘maintain on their website a list of all persons (whether within or outside Australia) who represent or act on their behalf in dealing with overseas students or intending overseas students’.

Further proposals were outlined in the ESOS Act review and, if introduced, providers will need to comply.Providers will need to keep abreast of these possible changes in the future. Suggested amendments include:

• holdingprovidersmoreaccountableforagents–providerscouldbefinediftheiroffshoreagentsactunethically

• banning Australian-based agents from charging commissions for luring students from one local college to another

• banning providers from paying commissions to agents unless they disclose the identity of the agents and their commission arrangements to both students and regulators

• implementinga‘uniqueidentifier’totrackthecollegesattendedbyeachstudent

• taking some form of direct regulatory action against offshore agents, such as preventing them from applying for visas on behalf of their clients, if they fail to meet legislative requirements.

TheGovernment’sfinalpositionontheregulatorychangeswillbeinformedbyproposedconsultationandthe feedback received.


POLICY - Standard 4 – Education Agents

National Code, Standard 4 (Education Agents):

Registered providers take all reasonable measures to use education agents that have an appropriate knowledge and understanding of the Australian international education industry and do not use education agents who are dishonest or lack integrity.

4.1 The registered provider must enter into a written agreement with each education agent it engages to formally represent it. The agreement must specify the responsibilities of the education agent and the registered provider and the need to comply with the requirements in the National Code. The agreement must also include:

a. processes for monitoring the activities of the education agent, including where corrective action may be required, and

b. termination conditions, including providing for termination in the circumstances outlined in Standard 4.4.

4.2 The registered provider must ensure that its education agents have access to up-to-date and accurate marketing information as set out in Standard 1 (Marketing information and practices).

4.3 The registered provider must not accept students from an education agent or enter into an agreement with an education agent if it knows or reasonably suspects the education agent to be:

a. engaged in, or to have previously been engaged in, dishonest practices, including the deliberate attempttorecruitastudentwherethisclearlyconflictswiththeobligationsofregisteredprovidersunder Standard 7 (Transfer between registered providers).

b. facilitating the enrolment of a student who the education agent believes will not comply with the conditions of his or her student visa

c. using Provider Registration and International Students Management System (PRISMS) to create ConfirmationsofEnrolmentforotherthanabonafidestudent,or

d. providing immigration advice where not authorised under the Migration Act 1958 to do so.

4.4 Where the registered provider has entered into an agreement with an education agent and subsequently becomes aware of, or reasonably suspects, the engagement by that education agent, or an employee or sub-contractor of that agent, of the conduct set out in Standard 4.3, the registered provider must terminate the agreement with the education agent. This paragraph does not apply where an individual employee or sub-contractor of the education agent was responsible for the conduct set out in Standard 4.3 and the education agent has terminated the relationship with that individual employee or sub-contractor.

4.5 The registered provider must take immediate corrective and preventative action upon the registered provider becoming aware of an education agent being negligent, careless or incompetent or being engaged in false, misleading or unethical advertising and recruitment practices, including practices that could harm the integrity of Australian education and training.


4.2. Education Agents Peak Professional BodyPrior to 2011 there was no formal monitoring or control of international education agents at a systemic level; the onus was on the provider to ensure an agent’s standing. In April 2011 the Migration Institute of Australia(MIA)extendedmembershipinthepeakbodyforthemigrationadviceprofessiontoqualified,registered education agents. It is not mandatory for an agent to be a member of MIA. Membership, however, could be used as one of the criteria to determine if an agent is a suitable partner.

The MIA has established a Code of Ethics for Affiliate Education Agents. This Code describes therequirementsthatagentsmustadheretoinordertoholdmembership.Affiliatesmustagreeto:

• continually strive towards lifting the standard of education Agents within the Australian and international communities

• act at all times in a manner that upholds and enhances the integrity and dignity of those working within the international education environment

• be open and honest with clients at all times in regards to the scope of services available

• inform their clients that as per the Migration Act, they cannot provide migration advice (unless also registered as a Migration Agent)

• commit to ongoing professional development throughout their career and actively assist and encourage their fellow members to advance their professional knowledge and experience

• comply with the relevant Acts, Regulations and MIA Code of Conduct when dealing with clients

• make no representation regarding the provision of services that are false or misleading and to fully disclose all applicable charges for services, as well as the scope of the services to be provided prior to engaging a client

• recognise and respect the rights, dignity and individuality of all persons. A member shall not discriminate or knowingly permit discrimination on the basis of race, national origin, sex, sexual orientation, religion, age or disability

• avoidconflictsofinterestatalltimeswithregardtoprofessionalactivities,financialconsiderationsor other interests. At such time as a member becomes aware that an actual, apparent or potential conflictofinterestexists,themembermustmakeafulldisclosuretotheappropriateparties.

For more information visit: http://mia.org.au/educationagent/.

Agents have also established professional peak bodies within their own countries. Each of these professional bodies has its own code of ethics and can be used as a tool in collecting due diligence information.


4.3. Additional References and ResourcesAs shown in Table 2, a number of publications and resources have been developed to assist providers to understand and implement the requirements under the ESOS Act and National Code.

Table 2: Agent Management Resources

Publication Source

Education Agents Manual

http://www.isana.org.au/files/EducationAgentsManual.pdf

International Student Association New Zealand and Australia (ISANA)

Best Practice in Education Agent Management

http://www.aei.gov.au/Regulatory-Information/Pages/Regulatoryinformation.aspx

Victorian TAFE International (VTI)

Using Education Agents, A guide for providers of education and training to overseas students

http://www.pieronline.org/_Upload/Files/Using_Education_Agents_pdf.pdf

Department of Education, Employment and Workplace Relations (DEEWR)

National Code Explanatory Guides

http://www.aei.gov.au/Regulatory-Information/Pages/Regulatoryinformation.aspx

Australian Education International (AEI)

5. Managing Agents in Turbulent Times

In2010theAustralian internationaleducationsectorexperienced itsfirstsignificantdownturn.Figuresreported by providers range from a 10 to 30 per cent reduction in student enrolments in 2010 alone. The downturn has been attributed to a combination of external factors such as;

• theglobalfinancialcrisis,

• increased international competition and the appreciation of the Australian dollar,

• and domestic factors such as changes to student visa requirements, student safety concerns, changes to the skilled migration program and the commercial failure of a number of colleges.

Reports indicate that the impact of the downturn was felt across the whole sector and is continuing to be felt.

In turbulent times providers many need to place greater emphasis on:

• being aware of possible risks and unethical practices

• ensuring effective due diligence and monitoring processes are in place

• managing change effectively.


5.1. Potential Risks The relationship between economic downturn and increased illegal activities is well reported. While we know most agents are honest, reliable and are looking for a mutually rewarding partnership, it is more likelyindifficulttimesforindividualstotakeadvantageandattempttogainfromillegalbehavior.Assuchit is advisable for providers to make themselves aware of possible illegal practices that could affect their business and have strategies in place to pre-empt these. It should also be noted that these activities can occur from inside your organisation as well as outside. The set of case studies below provides a good summary of possible fraudulent activities that have been reported across the sector.

CASE STUDY : Examples Of Rouge Agent Activity

International Draft Scam – A prospective international student approached a provider to enrol as a student. An international draft for tuition fees was forwarded, payable to the provider. The draft was banked. A number of days later the international student contacted the provider advising that due to a family tragedy they would no longer be able to attend the provider and consequently requested a refund of the fees already paid (the figurewascloseto$10,000).Thestaffbecamesuspiciousandlookedintotherequest.Meanwhilethebankcontacted the provider to advise that the draft had been dishonoured and appeared to be fraudulent. Clearly theintentwastohavereceivedtherefundpriortotheproviderbeingnotifiedofthefraudulentdraft.

Web Scams – In Country Y, where Provider X was operating, an agent set up a website with the URL http://www.providerX.countryY.com. The website linked directly to the agent’s own website. Suddenly the other agents in CountryYstartedtocomplainbecauseitlookedlikethiswasthe‘officialwebsiteofProviderX’,directingtheenquiries straight to the agent. The other agents assumed the agent was getting preferential treatment but in fact he had simply purchased the URL and used it for his own purpose. There is nothing illegal in his action. It does, however, compromise Provider X who went to great lengths to ensure the agent change the website and stop using the provider name in the URL. The agent complied and they are still partners. Another agent set up a website using information and logos of multiple Universities creating the impression that this agent represents these institutions. None of the Universities have a formal relationship with this agent. Because the agent is not anauthenticagent,thereislittletheUniversitiescandoabouttheproblem.Ithasprovendifficulttoprotectthe logos from being downloaded or used in electronic forms.

Double Dipping Scam – An agent was accused of double dipping on commissions. He sent a second invoice for the same student, in the same course. The provider had a system of paying on invoices for multiple students with a grand total. They did not have a clear way of recording against the student’s name what was paid and when.Thesecondcommissionswerepaid.Theagentdiditaccidentallyinthefirstinstancebutwhenitwasn’tdiscovered they tried again successfully and then, of course, it became a lucrative habit. It was exacerbated by the fact that sometimes the invoices would arrive months after the student had commenced and the provider was not good at tracking its payments over time. A response to this was to set up a new system with a unique invoice number for each student. This has resolved the problem. The provider was also concerned that perhaps one of the staff who had sole responsibility for paying commissions may have been working by prior arrangementwiththeagent.AnauditbyanoutsideconsultantidentifiedthatakeyrisktotheProviderwashaving a single person responsible for this commission payment task.

ConflictofInterest – A Provider’s marketing staff person asked permission to sign up a close relative as an agent. At no stage did they alert the Provider that the agent was related to them even though the agent was operatingintheirmarketingregionandtherewasaconflictofinterest.Thescamwasdiscoveredbutthestaff person claimed to be innocent of all knowledge of how this could have happened and told a range of increasingly unbelievable stories around the matter, consistently denying a conspiracy. Only after extensive investigation and confrontation, involving the Provider’s Human Resources section, the Unions and provision of irrefutable written evidence did the staff person accept there was something untoward. At this point, even though the saga had drawn out over two months, the person’s last resort was to claim that the relative had misled them and that they were shocked and appalled. The staff person was married to the agent and lived with them at the business address.

Theft – An agent took a non-refundable up front payment from all students for the services that the universities provide free –for example, airport pickup, orientation and accommodation support.

Modified from Scams and Scammers: Agents and the International Office. A Cautionary Tale, Virginia Pattingale, http://www.aiec.idp.com/pdf/Paper_Pattingale.pdf


5.2. Due Diligence and Monitoring The process of conducting due diligence and ongoing monitoring and evaluation are a feature of this Guide. Section Two of this document provides detailed processes and questions for providers to support their agent selection and management. In addition to this resource, providers can also refer to the Partnership Due Diligence Best Practice Guide.

5.3. Managing Change Effectively The aim of this Guide is to provide strategies and tools to ensure your systems and processes are the most efficientandeffectivetheycanbe.Evenifyouadoptandapplyallthebestpracticeideasoutlined,attimesyour business will be exposed to economic and social conditions that are outside your control. As such, providers will need strategies to ensure your business can be sustained through changing conditions.

In turbulent times providers should focus attention on activities such as:

Agent Mix • Review the number of agents you have on your books and your ability to effectively service these. It

might be that you need to reduce the number of agents you have and provide more focused attention to a few.

• Which agents are you working with that provide the best returns and outcomes? Consider the 80/20 ruleandactivelyworkwithyourtopagentstoensuretheirneedsaremetandtheyaresatisfied.

• Review the role and services an agent offers.

Market Strategies • Reviewyourmarketdiversification.Itisimportanttogettherightbalancebetweenhavingsufficient

source markets to generate enrolments and your ability to service them.

Service Levels • Ensure your service levels for administration and course delivery remain very high. Agents will be

more demanding of providers and be looking for the best product and offering for their clients. By maintaining and ensuring a high quality the reputation of your brand is retained, which will support future enrolments.

Coordinating with Agents• Invite your agents in and discuss the current environment. Consider mutual ways you can work

collaboratively to maintain business.

• Ensure you maintain regular and engaging communication with your agents. Communication is key to any relationship and a solid relationship will lead to enrolments. If face-to-face communication is prohibitive due to cost, consider lower cost communication channels such as social networking platforms, Skype and email.

Consider Pricing Strategies • Carefully consider your pricing strategies. In poor economic times discounting is often used to attract

business. While this may help business initially it potentially can reduce the perceived value of your courses and services.

• Monitor your commission rates and negotiate these wisely. As part of your negotiation with agents youmayconsiderincreasingyourcommissionprovidedtoagentstobecompetitive.Itisverydifficultto reduce commissions once you have increased it. It may be more appropriate to consider other incentives.Providingpartscholarshipperxenrolmentsmaybealowcostoptionifyourfixedcostsare met for a particular course.


Creative Promotion Strategies • Consider joint promotions with other providers in a promotion consortium to reduce marketing costs.

This could include shared offshore agents visits.

Monitor and Review • It is important to use monitoring activities to know your position and adjust your strategies as

required.

Section Two of this Guide provides detail on these activities and a step-by-step guide to managing your agents.


6. Strategically Managing Your Business

Strategic management is a key element in the success of any business or project. The purpose of this Guide is to provide practical advice and tools to optimise the provider–agent relationship. It is important to understand your organisational objectives, operating environment, and identifying strategic activities. This understanding leads to establishing a transparent document that can be adopted by the whole institution to drive successful provider–agent projects. Identifying, appointing and managing agents should be identifiedasakeystrategicactivityforyourorganisation.

Figure 1: Agent Management within a Strategic Framework

• thetypesofagentsareidentifiedonthebasisofyourorganisationalandinternationalobjectives.Thisshouldbeconsideredandfinalisedduringthestrategicplanningprocess.Whatkindofagentdoyou need to appoint in a particular market to assist in meeting market objectives?

• Agentsareselectedonthebasisof‘bestfit’inmeetingyourgoalsinaparticularmarket.Doestheagent being considered offer skills and services that are needed to meet market objectives?

• Agent management is built into your international plan and internal management model with:

- internalpositions/staffdesignatedfortheongoingidentification,recruitment,managementandreview of your agent network

- information management systems identified for the ongoing monitoring and record keepinginvolved in managing agents

- thecostsofmanagingagentsincludedinyourfinancialmanagementplan.

IDENTIFY AGENTS based on

› Organisational Objectives› Market Objectives

ORGANISATION STRATEGIC PLAN

Financial Management Plan

Conduct Due Diligence

Review

Organisational Plan

Contract/Agreement

Marketing Plan

Agent Management

SELECT AGENTS

INTERNATIONAL ORGANISATION PLAN

Exit


SECTION TWOTHE AGENT MANAGEMENT PROCESS 1. Best Practice in Agent Management

1.1. Steps in Agent Management Fivekeystepshavebeenidentifiedasbestpracticetoensureeffectiveagentmanagement.Theprocessiscyclicalwithongoingidentification,managementandreviewoccurringatdifferenttimesdependingonthebusinessneeds,marketconditionsandagentactivities.Thesefivestepsare:

Figure 2: The Agent Management Process

Identify Appoint Manage Review Exit

assess internal needs

identify agent

1. IDENTIFY AGENTS

agent completes application

conduct due diligence

agree on terms of business

develop contract

decide on approach to service provision

agree on performance indicators

providecertificateofappointment

forward student information packs

2. APPOINTING AGENTS

review performance

re-negotiate performance requirements

re-sign contract

4. REVIEW OF AGENTS

conduct initial training

conduct refresher training

develop communication approach

3. ONGOING AGENT MANAGEMENT

terminate contract if required

appeal

5. EXIT STRATEGIES


2. Identifying Agents

There are numerous types of agents and hundreds of different businesses operating as agents internationally and locally. If you are a large, well-established provider to international students, in many instances agents will seek you out. Smaller providers however, or those new to the international education industry, may have to actively search for agents to appoint. No matter which category your organisation falls into you need to have a clear understanding of agents and their role in each market. You should consider:

• market alignment – the market objectives and client needs that the agent will service

• agent alignment – your business needs or objectives that the agent will service.

Investigating these questions at a macro level will assist in identifying agents that align with your business needsandobjectivesinamarketaswellasmarket-specificissuesthatmayneedtobeaddressed.

2.1. Market AlignmentEvery market is different and should be approached in a unique way. Agents may have different roles, offer different services and operate at different levels of accessibility in different countries. You need to research the market in the context of the needs of the students and the services offered by agents, as well as other market issues such as visa processing, the relationship between agents and governments, and regulation of agents.

In investigating the market you should consider the following:

• Is the use of an agent an effective market strategy to meet your organisational objectives?

• What are the particular market trends? Are they whole-of-country based or regionally based? Large countries such as India, China, and Russia have niche regional markets and may require different strategies and agents to be employed in each one. In other markets, such as Scandinavia, it is the ‘done thing’ to employ and work closely with only one agent. The Scandinavian market, although covering several countries, tends to be more similar than many regional markets within the same country.

• Where is Australia placed competitively in the market? Is Australia’s market share large or small? Does this affect the agent–provider relationship? For example, in Malaysia and China there may be agents that focus solely on Australia because of the size of Australia’s market share. In other countries, such as Russia, Australian agents will service a number of different markets so providers may have to maintain these agents more to gain some competitive advantage.

• Are there any particular market issues affecting agents? For example, in countries where there is a high corruption index this may affect a particular agent’s ability to process student visa applications or affect your management of an agent.

• Are there any in-market government regulatory requirements concerning agents?

• More agents are employing an ongoing-care strategy with students, which does not necessarily end when their commission is paid. Agents sometimes provide support, advice and services prior to, duringandfollowingstudents’firstqualifications.

Investigatingtheseareasandotherswillhelpyoubuildaprofileofagents’rolesineachspecificmarketand assist you in targeting your search if you do identify agents as a key strategic activity.



Approaches to Agents by Market Working with agents requires a unique approach for each market to ensure the local needs, regulations and customs are adhered to. It is recommended that the legal, financial, institutional and culturalconsiderationsbeaddressedforeachmarketinwhichyouintendtowork.Understandingandflexibilityare required. It is also important to consider the timing adopted for each market. As outlined in Table 3, education and training dates vary for different markets.

Table 3: Indicative timing of key term dates for selected markets

Market Term 1 Term 2 Term 3 Term 4 School Year Finishes

Australia February April July October December

North & Central America September December February April July

Continental Europe August October January April June

Japan April September January - March

South America February April July October December

Implications for agents:• Have material ready.

• Negotiatethestrategicuseofconditionalofferstofitintotiming–i.e.giveaconditionalofferonthebasis of incomplete results.

• At peak times make sure providers are well resourced. Resource planning is necessary.

• Have appropriately trained staff – for example, culturally aware staff.

CASE STUDY : Education Agent Requirements by Market

The Chinese Government introduced laws to regulate the activities of agencies providing advice to Chinese students about going overseas to study. These laws regulate the activities of student recruitment agencies in China, not students or overseas institutions. The laws require agencies to be registered with the National Government, via a process of nominations from provincial/municipal authorities. No foreign organisations are permitted and unapproved agents are prevented from advertising. The laws prevent agents from actively recruiting students at secondary schools (children under 15 years of age). There are nearly 400 agents approved by the Chinese Ministry of Education. A full list of approved agents is available to purchase from Austrade Beijing. Providers seeking to deal with agencies that claim to have national approval should refer to this list. More information can be gained through Austrade in China.

2.2. Agent AlignmentAssessing the market will provide you with a clear understanding of whether your business objectives will be met by appointing an agent in-market or whether other strategies would be a better use of resources. It willalsoprovideyouwithinformationtoselectagentsthatalignwithyourobjectivesin-market,specifically:

• the type of agent required in-market

• the client maintenance expectations of the market, which will determine whether you should appoint an agent onshore or offshore

• how agents monitor the market trends and demand for your product and how competitive the market is

• the number of agents needed to service the country, given regional niche markets. Does each region require a different agent or can one agent, through their networks, service the whole country?


Onshore vs. OffshoreManyagentshaveofficesbasedinAustraliatoprovideongoingservicefortheirstudentsandtoestablishastrongerrelationshipwithproviders.MostAustralian-basedagentshaveaffiliatedcompaniesbasedintheir target market. They usually travel offshore to recruit students on your behalf. The advantage of an onshore agent is that they have a high level of accessibility to you and your organisation. An offshore-based agent, however, may have more accessibility to in-market information and potential partners. An agentwhohasalargenetworkbothinAustraliaandoffshorewouldhavebothbenefits.

You may need to monitor the legislative changes to the ESOS Act. One recommendation that has been made is to require more accountability for onshore agents, such as banning the payment of commissions should an onshore agent be caught poaching students from one provider to the other.

As shown in Table 4, a simple matrix of the markets you wish to target and the number of agents you have servicing that market can help you manage and plan the search for agents. Note that markets can be as dynamic as they are diverse, so an agent environmental analysis should be conducted regularly to ensure your agent management strategy is following market trends.

Table 4: Market–Agent Matrix

Market No. of Students Target No. of Agents Contracted No. of Agents Needed

China 30 0 2

Japan 20 2 1

India 50 3 4

Total 100 5 7

Quality vs. QuantityIt is important to know your agent market and plan as much as possible. However, the decision to appoint a certain number of agents in a market is not always a strategic one. There are generally two approaches within industry to selecting and appointing agents:

• appointing a minimum number of agents with whom you build quality relationships. These agents usually refer large numbers of students to your institution.

• appointing a large number of agents in a market. This strategy involves appointing several agents who each refer small numbers of students to your institution. Collectively they make up your country enrolmenttarget.Itismuchmoredifficulttomanagelargenumbersofagentseffectivelyortobuildstrong sustainable relationships in using this strategy.

Therearebenefitstoeachapproach.ItisprobablyanaturalprogressionthatasmallerVETprovider,startingout internationally, would initially appoint a larger quantity of agents. As they grow and establish strong relationships with key agents, they reduce the number of agents working with them. This progression is not always strategically driven: as an organisation grows internationally and establishes a brand in-market this places them in a better position to negotiate and establish a quality relationship with the more successful agents in-market.


CASE STUDY : The Changing Nature of Agents

IDP Expands to Recruit for Alternate Markets

IDPEducationhasbecometheworld’slargeststudentplacementfirm,operatingmorethan70counsellingcentres in more than 20 countries and placing more than 300,000 students. It was jointly owned by 38 Australianuniversitiesandaleadingonlinerecruitmentfirm.IDPhasbeenplacingstudentsintoAustraliaformore than 20 years. In 2009 the organisation expanded into the United States and since that time has built the largest portfolio of university partners of any agency worldwide. IDP has now further expanded into the United Kingdom, Canada and Turkey and is continuing its growth into a multi-source, multi-destination placement organisation.

2.3. Sources of Agent Contacts International education agents can be found in countries throughout the world and there are many ways providers can identify suitable agents. It is now a requirement under the ESOS Act for all Australian providers to list their agents publically on their website. While this can be a good source of potential agents, providers should always conduct their own due diligence on these agents to ensure they are strategically aligned to your business. Table 5 provides a summary of some possible sources of agents you may consider.

Table 5: Sources of Agent Contacts

Source Description

Austrade http://www.austrade.gov.au/

International Education Agents Fairs (ICEF)

ICEF: http://www.icef.com/

Local onshore Agents Trade Queensland

Australian-based,country-specificassociations:forexample,theSingaporeMalaysian Association of Australia

telephone books

Chamber of Commerce and Industry

other providers

Internet web searches

Networking with other Providers

other registered training organisations

other sectors

Web search Provider Agent Lists

published provider lists of educational representatives either on their websites or through their international prospectuses

International Education Student Fairs

Austrade Fairs

Queensland Government OfficesOffshore

http://www.export.qld.gov.au/contact-us.html#international


Professional International Education Resources (PIER Online)

www.pieronline.org.

forafulllistofQualifiedEducationAgentCounsellors:http://www.pieronline.org/qeac/mobile.aspx

Direct to you Internet site

Offshore providers and agents introduction via networks in different markets

Advertising expressions of interest/tender

Agent Associations Migration Institute of Australia (MIA) http://mia.org.au/educationagent

The Federation of Education and Language Consultants has a world wide network of Agents Associations (FELA): http://www.felca.org/

Association of Australian Education Representatives in India (AAERI): http://www.aaeri.org/


3. Appointing Agents

Atthispointyouhaveassessedthemarket,identifiedtheuseofagentsasakeyrecruitmentstrategy,anddeterminedthetypeofagentsyourequire.Younowneedtoselectspecificagentstoimplementyour strategy.

Appointing and using agents as a recruitment strategy can be very effective; however, it is not without its risks. It is essential that appointed agents act ethically and professionally. From a marketing point of view agentsaregenerallythefirstpointofcontactclientshavewithyourorganisation.Abadfirstimpressioncan damage your in-market reputation. Also, there is a legal obligation through the National Code for providers to ensure that agents are honest.

A number of providers have developed an Agent Code of Conduct as a public means to articulate their requirements for agents. Proposed amendments to the ESOS Act as described in the Baird Review will place greater onus on the provider to manage agents. As such it is important that you state your expectations up front. It is advised that your Agent Code of Conduct is placed on your website for easy access.

POLICY : The National Code (2007): Standard 4 – Education agents, Outcome of standard 4

Registered providers take all reasonable measures to use education agents that have an appropriate knowledge and understanding of the Australian international education industry and do not use agents who are dishonest or lack integrity.67

3.1. Application Process The appointment of an agent involves three steps:

1. Undergoing due diligence through an application process

2. Establishing the kinds of agent management models you are going to use

3. Formalising your partnership through a contract.

To reduce the risk associated with partnering with a non-desirable agent, many providers have implemented an application process during which due diligence of the agent is conducted. The application process is also an opportunity to identify agents best suited to your organisation’s needs in the market: you can findouthowfartheirnetworksreachandpotentialmarketstrategiestheyaregoingtoimplement.It isrecommended that your agent application form be divided into four sections:

• Duediligence–wherethecorporateprofile,organisationalstructureandrefereesareestablished

• Trainingandeducationalqualifications–wherepotentialagents’knowledgeoftheAustralianeducationindustryandtrainingqualificationsisestablished

• Market information – where knowledge of the target market, services being offered and in-market strategies are established

• Services they will offer.

6 http://aei.gov.au/AEI/CmsTemplates/GeneralTemplates/LandingPage.aspx?NRMODE=Published&NRNODEGUID=%7b2F9C1196-4B2B-49A8-A64A-67B003520F81%7d&NRORIGINALURL=%2fAEI%2fESOS%2fDefault .htm&NRCACHEHINT=ModifyGuest

7 http://www.aei.gov.au/AEI/ESOS/NationalCodeExplanatoryGuide/PartD/Standard_4.htm



3.1.1. Due DiligenceThe main purpose of due diligence is to ensure the agent you are appointing is honest and professional. There are two reasons to conduct due diligence on any potential agents:

• Under Standard 4 of the National Code, providers must not make an agreement with an agent who has been engaged in dishonest and unethical practices or who has provided unauthorised migration advice.

• Agentsareusuallythefirstpointofcontactbetweenyouandyourpotentialstudents.Theagent’sprofessional conduct is essential to maintain the integrity of your reputation as well as, more generally, Australia’s reputation as a quality provider of international education.

You should thoroughly investigate the potential agent before appointing them. Most due diligence can be conductedthroughuseofanapplicationform,filledoutbytheagent,andcontactingreferees.Informationsourced directly from the agent should collaborate with other sources such as government agencies, referees, agent associations and networks as well as your own industry networks.

Areas for consideration in due diligence are:

• thecompanyprofile

• the owners and executives involved in the company. Pay particular detail to establishing whether anyone connected with the company has been involved in any bankruptcies, legal proceedings or liquidations

• anysub-branchesoraffiliatedcompanies,ifthecompanyisregistered

• thecompany’sfinancialprobity

• how long the company has been established

• at least two educational referees, preferably Australian-based

• possibly two student referees to ascertain the level of service the agent provided them, although this is not common practice within the Australian international education industry.

3.1.2. TrainingandEducationalQualificationsThis section of the application form should establish the agent’s knowledge of the Australian education industry. It should assess:

• their familiarity with the Australian Department of Immigration and Citizenship (DIAC)—the visa applicationprocessandwheretofindchangestostudentvisarequirements

• their familiarity with the ESOS Act and associated National Code through the Department of Education, Employment and Work Relations (DEEWR) website

• whethertheyareQualifiedEducationAgentCounsellors(QEAC).TheEducationAgentTrainingCourse (EATC), delivered online by PIER is the result of collaboration between Australian Education International (AEI), DIAC and Australian international education peak bodies. The EATC covers four areas:Australia,theAustralianQualificationsFramework(AQF)andcareertrends;Legislationandregulations; Working effectively in international education; and Professional standards and ethics. QualifiedagentsarelistedontheQualifiedEducationAgentDatabase(QEAC)athttp://www.pieronline.org/qeac/default.aspx.

• whethertheyarequalifiedMigrationAgentsundertheMigrantAct.Ifnot,dotheyunderstandwhatthey can and cannot promise regarding Australian residency?


• whether they hold any other relevant memberships or licenses. For example, you would ask agents fromChinatoprovideacopyoftheChineseMinistryofEducationRegistrationCertificatewiththeagent registration number; alternatively, if the agent is based in Australia, ask for evidence that they are partnering with a registered Chinese education agent based in China.

• whethertheyareanaffiliatememberoftheMigrationInstituteofAustralia(MIA).

3.1.3. Market InformationThe application should also allow agents to show their knowledge of their geographical territory or market. Ask for details of:

• the potential market

• the geographical area the agent will service and how they will service it

• the agent’s strengths in these areas

• the number of students they handle each year

• their proposal for promotion and marketing in the territories, including the events they will organise and attend on behalf of your organisation.

3.1.4. ServicesFinally, you should ask for details of the services the agent is prepared to offer as part of the agency agreement.Therangeofserviceswilldependonthetypeofagent,theirqualifications,marketdemandand the facilities they have in country. All agents should offer the following services as a minimum:

• undertaking basic promotion and marketing

• providing information to prospective students on your courses, campus, facilities and other information required under Standards 4 and 5 of the National Code

• assisting in the recruitment of prospective students by providing advice on completing application forms and submitting them to your organisation

• arranging for English language testing of prospective students

• assisting prospective students with completing and submitting Australian immigration visa applications with the Australian Embassy.

Additional services may be negotiated depending on the market and the agent’s qualifications andlicenses.Forexample,iftheagentislocatedinAustraliaandisregisteredasanofficialmigrationagentthey may be able to provide a migration advisory service to the student. If they are a travel agency they can organise airfares and accommodation in Australia. If one of your goals is to form partnerships in the target market some agents may act as a partnership broker between you and other overseas institutions. Servicescanbedefinedinmoredetailwithintheagreement.However,theapplicationformwillprovidesome information on the potential services the agent could offer.

Note: The most successful agent–provider relationships are based on mutually beneficial and equalpartnerships. Therefore it is important to provide information on your organisation to the agent when asking them to complete the application form. You should also encourage them to complete their own due diligence process on you. The partnership will only work if there is a genuine alignment of business objectives and ethos.

The best way to establish the scope of an agent’s services and market knowledge is to ask for a promotion and marketingplanfortheirspecifiedterritory.TheplancouldbeseenasaCapacityStatementdemonstratingwhat the agent knows, will do and can do to meet your business objectives. It should cover the following:

• This is what we know about you.

• This is our understanding of your needs.

• These are the services we will provide you to assist in meeting those needs.


3.2. Agent Management ModelsAfter identifying an agent you want to appoint, and before contracting them, you need to decide on the scopeoftheirappointment,specifically:

• the service provision—what roles and responsibilities will they have?

• commission structures—how will they be remunerated?

• incentive Management Models—are there rewards for exceeding goals and obligations?

3.2.1. The Service ProvisionWhat services will the agent offer? What role will they play in promoting, marketing and recruiting for your organisation? The roles and responsibilities should be based on your business’s strategic objectives and priorities. You should keep in mind why you are appointing the agent in that particular market and the services the agent offers, and align the service provisions accordingly.

If the agent is newly appointed, you may wish to enlist them to provide only minimum services to the market. As the relationship grows you could increase the service provision. You should note that the more high-level services you require, the more your responsibilities towards the agent will increase, such as training, monetary support and time. Table 6 below shows suggested service provisions and examples of the level of service that an agent may offer.

Table 6: Service Provision and Level of Agent Support

Services Basic Intermediate High

Promotion Easily available and accessible in shop front.

Joint promotions such as interviews when provider is in market.

Regional advertising campaigns; agent representing provider at events.

Marketing None. Translating marketing material.

Provider involvement in the agent’s marketing plan.

Exclusive marketing plan organised by the agent including marketing events and advertising.

Market Research Basic information on market features.

New market trends and demands as they come to light.

Follow-up in market for students who have not converted into enrolments.

Customer Service

Student Counselling.

Advice on educational application.

Assistance with visa application.

Pre-departure orientation.

Advice on migration and visa application (if the agent is a registered Migration Agent).

English language testing.

Issuing offer letters and ConfirmationsofEnrolment(COEs) on behalf of provider.

Alumni None Alumni events and follow up. Maintaining in country alumni database.

Business Development

None Introduction and advisory service for partnerships in education and industry.

Partnership brokering and negotiation on behalf of provider.

Servicing for regional areas

None Through regional events and promotion.

Throughregionalofficesand sub agents.


Remember that, as in any relationship, you need to build trust with the agent and the agent with you. Only appoint agents for services you are comfortable with them performing. As the relationship develops the service provisions can be changed and expanded.

3.2.2. RemunerationThe most common way for the remuneration of agents is through payment of a commission. The agent is paid a percentage of the tuition fee once the student has paid their fees and commenced their studies. The industry standard varies but feedback from VET providers indicates that commission rates on average are15percentforaformalqualificationand20percentforELICOS.8 Some organisations, in an effort to gain the competitive advantage over other providers, have offered up to 40 per cent commission. Careful consideration needs to be given to the long-term economic viability of this approach, as opposed to using that money in marketing support for the agent. The biggest advantage of payment by commission is that the agent does not get paid if they do not recruit any students. However, a disadvantage is that, usually because agents work for a number of different providers, if they are recruiting large numbers for your competitor there is no incentive for them to re-route those students to your organisation. They get paid either way.

Other payment models include:

• set fee per student.

• retainer.Theagentiscontractedtorepresentyourorganisationoveraspecifiedperiodoftimetorecruitstudents.Itisrecommendedthatthistypeoffinancialmodelbeusedmoreasaconsultancycontractforaspecificobjectiveratherthanalong-termmarketstrategy.

• agent administrative fees. The agent charges the students a fee. This is usually packaged and mayincludetuitionfees,airflights,accommodation,etc.Thismethodofpaymentisrarelyused.However, some agents do charge the institution a commission fee and the student an administrative fee. You need to clarify whether an agent is charging students fees in addition to your commission payments. If they are, what added value are they providing the students? Associating yourself with anagentwhoisfleecingextramoneyfromstudentscandamageyourreputationaswellasexposeyou to non-compliance of the ESOS Act. It is essential you are clear on your agent’s services and payment methods.

When considering which model to use, look at the environment and assess which model would provide you a competitive edge while taking into consideration the long-term effects of any strategy you employ. One strategy employed by a number of organisations is to couple the payment of a basic commission with an Incentive Management Model.

3.2.3. Incentive SchemesAs the international education industry becomes increasingly competitive, agents are a major source of student recruitment for providers. To manage agents more strategically, reward agents who are working well and gain a competitive advantage over competitors. Many organisations are using incentive schemes.

Incentiveschemescantakemanyformsandmayincludefinancialornon-financialincentives.Typesofincentive schemes include:

• discounting. Agents are offered reduced tuition fees for the students they recruit. Discounting is used by some providers to encourage the agent to route the students to their organisation rather than a competitor. Careful thought needs to be made before offering this incentive. Discounting can seriously undermine your position and attract students who are not necessarily part of your target market. Discounting can lead to a reduction in the quality of student being referred and devalue your courses.

8 Feedback collected during consultation with Queensland VET Providers.


• variable commission rates. Additional percentages of commission rates are included as an incentive for your agent to perform better for you. For example, if they have completed the EATC they get an additional 1 to 5 per cent commission above their basic rate. This can be an effective tool to encourage your agent to perform better services for you. However, effectiveness will depend on the agent, the size of your organisation, and the number of students the agent is sending to you. This strategy may be less effective for smaller organisations where the number of students being sourced throughoneparticularagentcanvarysignificantly.

• scholarships. Scholarships are offered to high-performing agent counsellors in the form of Certificates,Diplomas,shortcoursesoreventheEATC.Thesecanbeparticularlyeffectiveforbuilding relationships between you and the agent. Offering a scholarship or other professional development opportunity will also increase the skills and knowledge of your agent.

• familiarisation visits. You offer to pay for your agent to visit your institution and meet relevant staff face-to-face. This increases your agent’s knowledge of your institution and personalises the professionalconnectionbyallowingyouradmissionofficerstomeettheagents.

• additional marketing support.Thiscouldbefinancialorphysicalsupport,whetherbyorganisingmorejointpromotionsin-countryorprovidingmorefinancialsupportformarketingactivities.

You may want to use one or a combination of these incentives to motivate your agent – a combination of financialandnon-financialincentivesseemstobemosteffective.

The decision of whether to use an incentive scheme or whether you can engage and motivate your agents one-on-one will depend on your resources, size and long-term growth plans. For example, if you have appointed a small number of agents they might be easily managed personally; however, unless you have a dedicated agent manager as you grow and appoint more agents, you might want to consider managing your agents within a management model.

Many larger VET providers and universities are now using Incentive Management Models to strategically rank and provide incentives for their top performing agents. Agents are categorised and ranked against selection criteria based on performance and the provider–agent relationship. The selection criteria again should be based on your institutional objectives and should be at a macro level to account for market level diversity.

For example, Table 7 illustrates how agents may be ranked into four levels depending on their performance in recruiting and their length of association with the organisation. Agents are recruited as bronze agents and then, through consistently achieving and exceeding their key performance indicators, can be recognised and rewarded for their loyalty and hard work.

Table 7: Agent Rankings

Rank Description No. of Students Revenue target

Bronze New agents < 20

Silver Existing agents demonstrating growth in students numbers and meeting minimum targets

> 20

Gold Key agent in targeted markets

Use of sub-agents to recruit large numbers of students

> 40

Platinum As above plus

Business development activities for industry and institutional partnerships

>50 $ 500,000

Each level offers incentives and rewards to encourage progression to the next level, as shown in Table 8.


Table 8: Agent Incentives and Rewards

Relationship Structure Bronze Silver Gold Platinum

Length of Agreement 1 year 2 years 3 years 3 years

Performance Review 6 months

1 year 1 year 1 year

Monthly report

Incentive/Benefits

Commission rate - ELICOS 20% 20% 20%+3% over target revenue

20%+ 4% over target revenue

Commission rate - Diploma 15% 15% 15% 15%

Commission rate – Other (Study tours, etc) - - 10% 10%

Commission rate based on revenue - - - 1.5% revenue generated

Familiarisation visit – assistance arranging visits

PartnerCertificate

Regular newsletter

Listing on web site

Training support – web based

Scholarships scheme

Familiarisation visit - paid visit to Queensland

Promotional Budget - $2000

Agreement administrative / marketing expenses paid

Training support (in person)

Signage on site


3.3. Contracting Agents

POLICY: The National Code (2007) Standard 4.1 states:

The registered provider must enter into a written agreement with each education agent it engages to formally represent it. The agreement must specify responsibilities of the education agent and the registered provider and the need to comply with the requirements of the National Code. The agreement must include:

• processes for monitoring the activities of the education agent, including where corrective action may be required, and

• termination conditions, including provision for termination in the circumstances outlines in Standard 4.4.

In addition to compliance with the National Code, the contract provides a document of reference to manage your relationship with the agent and the agent with you. As a minimum the agent contract should include:

Service Provisions• roles and responsibilities of each party

• a clear indication of the territory or geographical area the agent is responsible for

Key Performance Indicators• Key Performance Indicators including student targets, processing times and partner introductions

Incentives• incentive schemes

• commission structures

Basic Contractual Concerns• the duration of contract and termination clauses

• provision for the document to fall within Australian legal jurisdiction whenever possible.

As with any legal document it is essential this be reviewed by your organisation’s legal representatives.

3.3.1. The Service ProvisionThe roles and responsibilities should be based on your business strategic objectives and priorities. You should keep in mind the reasons you are appointing the agent in that particular market and the services the agent offers and align the service provisions accordingly.

If the agent is a new agent you may wish to appoint them to basically serve the market. As the relationship grows you could increase the service provision. You should note that, the higher the level of services you require, the higher your responsibilities towards the agent, such as increases in training, monetary support and time.

ClearlyDefinedTerritoriesIt should also be made clear which geographical areas the agent is servicing. This will make it easy for you to manage your agents as well as stay focused on your organisational needs and objectives. There are a number of reasons for this:

• Different markets may need different approaches. The agent you have appointed for a particular market may not be suitable to meet your objectives in a different market.

• An agent expanding or encroaching into another territory may have implications on your relationship with existing successful agents or partners in that territory.

• You may not have the resources to service another market.


Toclarifythis,itshouldbenotedthatagents’territoriesmightbedefinedbutnotthenationalitiestheycan recruit. For example, an agent servicing Slovakia would be able to recruit a Korean student if they were recruitedwithinthatterritory.ATaiwaneseagentbasedinBrisbanemighthaveadefinedterritoryofSouthEast Queensland and Taiwan. The size of the territory would be up to you and the nationalities of those recruited within the territory would not be restricted.

3.3.2. Key Performance IndicatorsOnce the services have been decided and documented, key performance indicators (KPIs) should also be established. KPIs should be established together so the agent has some ownership over them and they are also realistic. There is no point setting a KPI of 50 students when you are a small provider with a population of 100 international students. If the KPIs are unrealistic then the agent will not work productively for you and the partnership will not reach its potential. Examples of KPIs include:

• number of student applications sent by agent

• conversion percentage of applications to enrolments

• length of application processing times

• number of partnership introductions made.

As mentioned, KPIs will depend on the agent and the market. An agent who primarily provides business development services and recruits students through these opportunities would have different KPIs to an agent who primarily recruits students through a number of promotional and marketing activities such as student recruitment fairs. Ranking and incentives schemes can encourage agents to work above and beyond their KPIs.

3.3.3. Remuneration and IncentivesPayment procedures and incentives should be clearly stipulated in the contract and strictly adhered to. If using incentives or an Incentive Management Model, these should be clearly documented either in the body of the contract or in the form of an attached Schedule.

3.3.4. Basic Contractual ConcernsAs per all legal documents, the following should be included in any agent contract:

Length of the agreementMost providers have a basic 12-month validation period from the time the agreement is signed. The length of the contract will depend on a number of factors including: your relationship with the agent; the resources you have to conduct a review and renewal of agreement; and your positioning in the marketplace.

If you are using a management model and you have a long and established relationship with your agent, the term may be three years. If it is a new partnership, you might want to have a probationary period of six to twelve months.

If you are a small provider you need to consider the resources you have to conduct reviews and renewals of agents. If you have over 50 agents and all agreements expire at the same time it might be a large job to review and renew all of them. If this is the case you may want to consider a management model and ranking your agents.


Your position in the market also needs to be considered. What are your long-term strategies in the market andwheredoestheagentfitintothis?Isitanewmarketyouareenteringoranestablishingcash-cowmarket? You need to consider your strategies, the performance of your agent and the performance of the market.

Terms of TerminationThe circumstances that will lead to the termination of the agreement need to be clearly stated. Standard 4 of the National Code provides some guidance for this.

POLICY: The National Code (2007) Standard 4

4.3 The registered provider must not accept students from an education agent or enter into an agreement with an education agent if it knows or reasonably suspects the education agent to be:

• Engaged in, or have previously been engaged in, dishonest practices, including the deliberate attempt to recruitstudentswherethisclearlyconflictswiththeobligationsofregisteredprovidersunderStandard7(transfer between providers).

• Facilitating the enrolment of a student which the education agent believes will not comply with the conditions of his or her student’s bias.

• UsingProviderRegistrationandInternationalStudentsManagementSystem,(PRISMS)tocreateConfirmationofEnrolmentforotherthanabonafidestudent

OR

• Providing immigration advice where not authorised under the Migration Act 1958 to do so.

Where the registered provider has entered into an agreement with an education agent and subsequently becomes aware of, or reasonably suspects, the engagement by that education agent, or an employee or sub-contractor of that agent, of the conduct set out in Standard 4.3, the registered provider must terminate the agreement with the education agent. This paragraph does not apply where an individual employee or sub-contractor of the education agent was responsible for the conduct set out in Standard 4.3 and the education agent has terminated the relationship with that individual employee or sub-contractor.9

The registered provider must take immediate corrective and preventative action upon the registered provider becoming aware of an education agent being negligent, careless or incompetent or being engaged in false, misleading or unethical advertising and recruitment practices, including practices that could harm the integrity of Australian education and training.

You should also include any organisational termination clauses. For example, if you do not want the agent to charge the student any additional fees to the commission they are receiving this should be clearly stated. The procedures for termination should also be stipulated. See Exit Strategies (page 42) for more information.

Australian Legal Jurisdiction It is highly recommended that you include the applicable law and jurisdiction that the contract will fall within. That is in accordance with the law in Queensland and Australia and under the jurisdiction of the courts of Australia.

It might also be a good idea to develop a summary of the agreement for the agent’s information. This document would include all information pertinent to the agent’s performance and how their performance will be measured. For example:

• compliance with the ESOS Act

• compliance with your Code of Conduct

• specificKPIsifthatiswhatyouaregoingtousetomeasuretheirperformance.

9 http://www.aei.gov.au/AEI/ESOS/NationalCodeExplanatoryGuide/PartD/Standard_4.htm3.3.5.


Promotion of Contracted Agent on the InternetAmendments to the ESOS Act in 2010 require providers to publically list agents on their website. Once an agentiscontractedyouwillneedtoensureyouupdateyourwebsitetoreflectthenewagreement.Therequirements for listing include:

• Providers need to list all agents they have a written agreement with even if no students have been recruited through that agent.

• Forlargeragencieswithmultipleofficesineachcountryitispossibletoprovideinformationontheheadofficeineachandindicatethenumberofofficesinotherlocationswithinthecountry.

• Theinformationshouldbeeasytofindontheprovider’swebsite.

Providers also need to ensure agents that are no longer contracted are removed in a timely manner.

4. On-going Agent Management – Relationship Building

4.1. Ongoing Agent ManagementThe Agent Agreement states the responsibilities and obligations of the agent and your institution, is required by the ESOS Act, and is also a risk-minimisation strategy to protect your organisational integrity and brand. However, the contract does not guarantee the success of the partnership. The importance of building a strong partnership cannot be underestimated – you and your agent need to work together in order to achieve outcomes and objectives.

POLICY: The National Code (2007), Standard 4.2 (Education Agents) states

• Registered providers must ensure that its education agents have access to up-to-date and accurate marketing information as set out in Standard 1 (Marketing information and practices)

This means that, at the very least, agents should have access to your marketing material. Examples of available material might include:

• international prospectus

• program guides

• web page.

This information is required by the ESOS Act and National Code; however, this will not achieve the desired outcomes without ongoing relationship building from both you and your agent. The most successful agent–provider relationships are established when agents are considered an extension of your organisation’s staff. This can be achieved through a number of strategies, as described below.

4.1.1. TrainingWhen appointing an agent it is important they get as much information about your organisation as possible in order to counsel students and promote your institution (offshore). Induction training can be conducted in a number of ways including through an Agent Manual, familiarisation tour or personal visit and seminars.

At the very least, an Agent Manual might include all information necessary for the agent to advise students, submit applications and then invoice for the necessary commission. It is a document that is used as a training resource for agents to get to know your organisation. If possible, always deliver the Agent Manual personally and conduct a seminar for the agent and their staff, going through the manual step-by-step. The more personal contact and rapport you establish with your agent the more they will remember you and your institution.



Other initial training strategies include inviting your agent to your organisation for a tour, providing an introductory seminar and meeting their contacts face-to-face. These strategies are more common for agents that are appointed onshore in Australia; however, they could be considered for offshore agents (such as a familiarisation tour) at a later stage of the relationship or as an incentive.

See Section Three for examples of an Agent Manual Contents page.

4.1.2. International ProspectusEnsure your agent has received your International Prospectus. A prospectus is an essential tool for agents to easily guide students through your organisation’s capabilities and facilities. A well-prepared and organised International Prospectus makes an agent’s job easier because they have the knowledge to hand and can inform the student they are counselling immediately. If the agent does not have the information the student (your potential client) needs, they are less likely to refer students and you might have a harder job of building a relationship with them.

It is important to note the issue of listing your agent in your Prospectus. The main purpose of having an agent is as a student referral. Students are sometimes more comfortable applying to Australian institutions through an agent who speaks their language and is a local. The ESOS Act requires that providers list their agentsontheirwebsite.Thebenefitsofthisinclude:

• Your agents become more accessible to the student as students can see which agents represent you.

• You are building the relationship with your agent by making their job easier. Your Prospectus can be used by students interested in your organisation as a referral to a local person who has knowledge of your institution.

4.1.3. Agent EventsOccasionally, governmental agencies supporting the export of Australian education organise agent tours. By keeping in contact with your local, state and federal government agencies you can become aware of and involved in these tours. The tours are designed to improve agents’ knowledge of Australia as an educational destination and individual visits to educational institutions are usually organised. If you are aware of such an event encourage your agents to become involved themselves. Table 9 shows the Queensland groups that can provide support.

In Queensland the following groups can provide support:

Table 9: Regional Queensland Education Networks

Group Web Link

Study Queensland www.studyqueensland.qld.gov.au

Study Brisbane www.studybrisbane.com.au

Study Gold Coast http://www.studygoldcoast.org.au/

Study Cairns http://www.studycairns.com.au/

Study Townsville http://www.studytownsville.com.au/

Study Mackay http://www.studymackay.com.au/

SunED – Sunshine Coast http://www.suned.com.au/


4.1.4. Ongoing TrainingEnsure you have effective communication channels to update the agent on your institution; the ESOS Act; immigration requirements; when you will next be in the region; or how many places you have left for a particular course in a particular semester. A non-evasive method for communicating these requirements is through an agent’s portal. This portal can also become a training tool for agents who have a high turnover of staff.

4.2. CommunicationEstablishing a communication plan for each of your agents can ensure they are kept informed of your institution’s activities. The communication plan should identify clear strategies and channels for exchanging relevant information – quality of information is far more important than quantity, particularly for busy agents. It is also important to note that you are not your agent’s only client and that they may not have time to sift through mountains of information.

4.2.1. Communication StrategiesACommunicationStrategy identifies your approach to keeping your agents up-to-date on institutionalinformation, activities, changes such as staff turnover, when staff will be in the region, marketing activities and events. A strategy is implemented through the use of one or more communication channels. Possible strategies include:

• building a personal rapport with the agent and their staff

• making agents an extension of your organisational staff.

4.2.2. Communication Channels

Agents’ Portal Many institutions are establishing an agents’ information portal as the main channel for updating agents on institutional activities. The portal is especially useful as a resource for agents who you do not get to visit frequently. The portal can include:

• information on:

- courses

- recognition of prior learning policy

- fees

- international scholarships

- agent training initiatives

- applicationsubmission(specificallyonline)

- application tracking facilities

- marketing initiatives

- events and exhibitions

- the ESOS Act and DIAC

• an up-to-date list of institutional contacts

• an e-newsletter.


Face-to-FaceThe most effective way of building rapport with your agent is face-to-face. Ensure you visit your agent whenever you are in the region. Even if it is not an organised event, drop in and say hello. While you are there, check they have up-to-date marketing information and give the counsellors the opportunity to ask questions. Other activities may include:

• inviting the agents to visit you whenever they are in Australia

• taking your agents out for a coffee or a meal to discuss any issues or to get to know them better.

Sometimes, because of geographical constraints, it is not practical to meet with your agents face-to-face; however, communication and relationships can be built through other channels such as:

• the agent portal

• regular contact through e-mail, telephone or Skype to touch base. See if they need any updated material, if they have any questions and how they are proceeding with reaching their targets. When communicating with agents keep in mind the time differences and cultural holidays and take this into consideration when expecting a response.

• ensuring you respond quickly to the agent’s enquiries.

CASE STUDY: Technology And Agent Recruitment

IDP Education Virtual Fairs

IDP Education has developed a virtual recruitment fair for Indian students looking to study offshore. The fair providesaccessinatimelyandefficientwayandoffersfreelivechatswithselectedproviderrepresentativesanda24×7windowforofflinequeries.StudentssimplyregisterthemselvesontheIDPportalandproceedtothechatroom. The virtual fair is one activity to direct the students in selecting the right course and provider for themselves and choosing the right option for further studies. IDP also help students with application submission, offer acceptance, visa counseling and tuition fee payment. For more information visit: http://www.idpvirtualfair.com.

Social Networking Social networking is simply groups of individuals coming together around a shared interest. Social networks allow people to meet together in a familiar environment, to share information, participate in events and activities, create sub-networks and interact with public networks.

Social networking has become widely prevalent in recent years as a result of new internet based programs givingpeopletheabilitytosourcefirsthandinformationonexperiences,topics,places,etcfromacrossthe world. There are hundreds of web based social networking sites, with some of the best known in Australia being Facebook, Twitter and MySpace.

Social media strategies can be developed to target agents directly as a means of communicating and/or as a promotional activity targeting students. When developing social media strategies providers need to consider:

1. Socialnetworkingplatformsaremarketspecific - Countries may use different networking sites and therefore you will need to research how social networking is adopted in your target markets.

2. Resourcing needs - Creating social media space on social networking sites is easy and inexpensive. Providers can encourage past students to post feedback on the site about their experiences and inviteotherpotentialparticipantstojoinyournetworktofindoutmore.Beawarethatsocialnetworking can be resource intensive as users want immediate responses and thus you need staff available to be responsive.

3. Social networking as a research mechanism - Consider how you can use positive and negative feedback posted on sites to improve or update your programs. Providers can also use competitor sites as market intelligence to gather ideas such as how programs are run, new market opportunities, ortofindpotentialnewpartners.


4. Monitoring is essential - As social networking is open to everyone, information may be posted that may not be appropriate, suitable or correct about your programs. It is advisable to have someone regularly check the internet for posts about your programs. This can assist to not only counter negative or incorrect messages but also be used as a source of positive messages for potential students, parents and sponsors.

CASE STUDY: Web and Social Media Promotions are Critical

Research conducted by the British Council’s Education Intelligence (EI) unit from across 200 countries and over 127,000 people found that websites are the single most important source of information for students establishing a consideration set. The report suggests that in most countries Google is the most popular search engine; the exceptions are Korea, where Google runs behind local search engine Naver, and China, where local search engine Baidu is partnering with Microsoft’s Bing to provide a censored English language search engine. For social networking, Facebook is the top choice in all markets, except China where the free instant messaging service QQ Tencent has 636 million accounts. Most markets also include a home-grown site in their top six social networking preferences. In Taiwan, one favourite is a community site that hosts blogs and provides a free photo album and revels in the name ‘Wretch’.

The research suggests that providers increasingly need well-developed web and social media strategies to support their international student recruitment. Providers should be working closely with in country agents to determine the most appropriate approach to delivering quality and targeted web based material at a local level.

4.3. Marketing and PromotionConducting joint marketing and promotional events assists in building a relationship between you and your agent while you assist each other in reaching student recruitment targets. These joint activities can take many forms including:

• educational exhibitions. Recruit your agent to work with you on an exhibition stand. This is not appropriate for some exhibitions; for example, it would not be appropriate to invite an agent to attend an IDP exhibition with you. You should check before extending the invitation that agents are notbarredfromtheexhibition.Thebenefitsofhavinganagentassistyouintheseeventsinclude:

- additional training opportunities for the agent: as they hear you counsel students they can gain additional knowledge of your institution

- the agent can follow up locally on student enquiries from the exhibition after the event

- the agent can provide ongoing support for students who applied during or because of the exhibition.

• providerinterviews.Whenyouareintheregiontheagentcanorganisespecificinstitutionalinterviewsintheiroffices.Thisiswheretheagentadvertisesthatyou,asarepresentativeofyourinstitution, will be available through appointments to offer advice to potential students. The agent can then provide ongoing support for students when you leave. Organised interview sessions of this kind send a strong message of cooperation and support between you and your agent to the market and potential students.

• client events. The agent can act as an event organiser for client events such as graduations, alumni functions, pre-departure seminars offshore, and parental dinners.

• translationofpromotionalmaterial.Theagentcanorganisetranslationofpromotionalflyersandprospectuses.


CASE STUDY: Printing Promotional Material Offshore to Reduce Costs

Your in-country agents can provide advice regarding printing and promotional arrangements offshore to reduce your printing and delivery costs. One example is the use of BPO Intelligence to improve efficienciesaroundpromotionalresources.BPOIntelligenceprovidesarangeofservicestoinstitutions,including offshore printing, storage and distribution of marketing materials controlled by a customised online system, global mail-outs and document processing. BPO Intelligence aims to reduce costs and be fasterandmoreefficientbydoingthingsmorecheaplylocally.Yourin-countryagentscanactasaliaisonand coordinator for such services.

4.4. Record KeepingKeeping accurate records of the interactions between you and your agent can assist in planning and developing your strategic documents and individual Country Plans, reviewing, and improving your relationshipwithanagent.There is specific informationyouneed tocapture toeffectivelymanageanagent:

• agent’s main business address and addresses of sub-agencies

• territories the agent will cover

• contract start date

• contract expiry date

• interactions with the agent

• number of applications the agent has referred

• the conversion percentage of those applications

• the targeted number of students.

A basic Agent Register/Database will enable you to keep track of how many agents you have, the territories they cover and when their contracts are up for renewal. If this is created in an Excel spreadsheet you can easily search for agents by territory, address, contract expiry date, etc.

An Agent Diary sheet is very useful in recording your interactions with agents including any issues; feedback from students, parents and staff; joint promotional activities you have conducted with them; and requests for additional information. The Agent Diary can be referred to during the review period to assess factors such as the level of support the agent received and any gaps in the agent’s training.

AssigninganAgentIDcodetoapplicationsbeingreferredbyspecificagentsallowsyoutokeeptrackofthenumberofapplicationsreferredbyaspecificagentandthenumberconvertedtoenrolments.Thisisuseful information to have during the review period to assess how effective the agent/provider has been in meeting objectives and goals. It is also required to check the validity of commission invoices received from the agent.

Many educational institutions are now looking at Customer Relationship Management (CRM) systems to assist in application processing. These systems can record, report and analyse data such as students’ applications from enquiry to enrolment. They are effective in agent management as they can be used as a tool for the agent to apply online and then track their student’s application form as it is being processed by the educational institution. These systems are advantageous for the provider as they can track the agent’s referral of applications. Two examples of companies providing CRMs to Australian educational institutions are Studylink (www.studylink.com) and Hobsons (www.hobsons.com).

See Section Three for an example of an Agent Register/Database.


CASE STUDY: Agent Management Portal

To effectively manage agents, providers use Agent Management portals. These portals centrally record, monitor and manage information about each individual education agent. Agent portals are often web-based applications that centralise information on education agents. Provider staff can access this information anywhere in the world to give them the information required to make informed decisions and to optimise marketing opportunities with the education agents. Having a portal demonstrates commitment to servicing education agents, ensuring reputable education agents are contracted to recruit potential students and are compliant with the National Code, Standard 4 requirements.

4.5. Managing IssuesIt is highly recommended that as part of your agent management process you include procedures for managing issues and complaints regarding your agent. These issues might come in the form of:

• complaints about the agent from the provider

• complaints about the provider from the agent

• student complaints about the agent

• student complaints about the institution to the agent.

Instructions and procedures regarding these issues should be transparent and easily accessible to all possible parties, including through the contract regarding agent issues and through your website regarding student grievances.

Procedures for managing complaints by the agent or provider regarding the other should be detailed in the contract. For example, if there is a non-compliance issue then a letter should be sent advising of the issues and allowing the accused party a certain amount of time to respond.


5. Review of Agents

The expiry and renewal of an agent’s contract is an ideal time to conduct a review of the agent–provider relationship. The timing of the review will depend on the length of your agent’s contract. A new agent might be reviewed biannually, a continuing agent annually and a key agent biennially.

The objective of a review is to assess the success of your partnership by rating your agent’s performance (and your performance) against certain KPIs and/or criteria. You should conduct the review within the context of your goals and objectives in the market. When conducting the review, you should keep in mind how much you have supported the agent. If the agent has not met certain expectations and goals, objectively look at your role in the partnership. Did you do everything you could have done to support the agent? Did you respond to their enquiries quickly? Did you send promotional and marketing material when requested? Did you visit the agent whenever you could? How much contact did you have with the agent over the contractual period?

Following are some examples of internal documents that will assist you in the review:

• Agent Contract

• Country Plan for the relevant territories the agent covers

• Agent Diary

• Agent Annual Communication Plan

• Statistical data on applications referred by the agent and the conversion to enrolments.

As part of the review it is also useful to conduct some qualitative research such as; talking to stakeholders including students, parents, admission staff, marketing staff and the agents themselves.

After gathering all the information you can assess the data through a Agent Performance Review Template (Section 3). This template provides a summary of your findings and documents the outcome of the review process.

6. Exit Strategies

As with any partnership or international engagement activity, exit strategies should be devised and documented at the commencement of the partnership. There might be several reasons you and an agent part company. Examples include:

Non-compliance

• legislative non-compliance by the agent

• contractual non-compliance by either the agent or you as a provider

Non-Renewal

• the agent not wishing to renew your contract

• you not wanting to renew your contract with the agent due to market prioritisation or other partnerships in market.




Figure 3: Agent Review Process

ONE MONTH BEFORE EDUCATION REPRESENTATIVE CONTRACT EXPIRES

SEND AGENT A LETTER ADVISING OF REVIEW START GATHERING DATA

QUANTITATIVE DATA

Internal ReportsEnrolment Statistics

QUALITATIVE DATA

Stakeholder feedback

DATA ANALYSIS

COMPLETE PERFORMANCEREVIEW TEMPLATE

Agent met all criteria approved for renewal

Agent has not met criteria but no support provided - renegotiate terms of contract and KPIs

Agent has not met criteria despite support - renewal of contract not approved

Send renewal of contract

Send non-renewal letter


6.1. Non-ComplianceThe consequences of non-compliance with the ESOS Act, the National Code or other contractual arrangementsshouldbespecifiedintheAgentAgreement.Theagreementshoulddocumentthefollowing:

• timeline for terminating the agreement

• channel of communication to be used to terminate the agreement

• implications for the students and services that are being offered through the agent

• circumstances under which the agreement will be terminated.

Below is an example of an industry Educational Representative Agreement Termination Clause.

POLICY: Termination of the Agreement

This agreement terminates all prior Agreements between the provider and the Representative for the recruitment of overseas students, including as to any matter covered by this agreement.

This agreement will end if:

• Either party gives the other party 30 days prior written notice; or

• The provider gives notice to the Representative that the Representative has breached a provision of this Agreement or if the Provider is directed or required to do so by a relevant Australian government department. In such cases, termination will be effective immediately.

NotificationofterminationwillbesenttotheRepresentativeandthenearestAustralianDiplomaticMissionandother relevant government bodies.

If the agreement is ended by either party, the Representative must:

• Submit all applications and Program fees from prospective students received up to the date of termination; and

• Cease to use any advertising material supplied by the Institute and return such material to the Institute by registered mail or by a reputable international courier.

This Agreement will lapse if there is no activity by the agent to refer overseas students to the Institute within the first12monthsorsuchothertimeasagreedinwritingbytheprovider.

When terminating an agreement with an agent you need to consider the consequences and the ripple effect. Who do you need to contact? The Australian government? Students whose applications are in the system? Under the National Code (2007) you are obliged to report agents guilty of non-compliance with the legislation to the Department of Education, Employment and Work Relations (DEEWR). It is in all Australian providers’ interests to ensure that agents working to promote Australian educational institutions are ethical and this is what the ESOS Act provides.

If the termination is due to non-compliance other issues you may have to consider are how to handle the media and the damage the non-compliance has done to your reputation in country. How wide spread is the damage? What strategies can be implemented to mitigate the damage?

Whatever the circumstances, it is essential that your clients (students) are kept up-to-date with progressions and are not unduly disadvantaged by the dissolution of the agent partnership.


Non-Renewal of Contract

If your partnership with an agent has ended for other reasons—for example non-activity or a change of country strategic direction— transparent arrangements are also important. However, a reasonable amount of time needs to be given for exit strategies to come into effect. As in non-compliance, other considerations include:

• giving the other party written notice of the intention to exit

• giving the reasons for exiting

• giving a reasonable amount of time to exit (one month)

• advisingstakeholders,specificallypotentialstudents.Wheretherehasbeennolegislativenon-compliance it is not necessary to inform government departments or the local Consulate of the dissolution of the partnership

• making arrangements so stakeholders are not unduly disadvantaged by the dissolution.


SECTION THREEPROVIDER TOOLS AND TEMPLATES

Agent Management Process

Stage Process Templates, Form, Policy

1. Identifying Agents 1. Agent Code of Conduct

2. Appointing Agents Agent Completes Application

2. Appointment and Termination Policy

3. Application Form

4. Application Letter

5. Provider Information

Gathering Information 6. Business Referee Report

7. Student Referee Report

Assessment of Application 8. Process Checklist

Notification 9. Rejection Letter

10. Acceptance Letter (summary of contract)

11. CertificateofAppointment

12. Request for Marketing Material

13. Example Agent Manual Template

3. Ongoing Agent Management

Record Keeping 14. Sample Agent Contract

15. Example of Agent Database

Customer Relationship Management

16. Example of Communication Plan

17. Example of Agent Diary

4. Review Review Performance 18. Performance table template

NotificationofReview 19. Renewal Letter

20. Letter advising of non-renewal of contract

5. Exit Exit 21. Letter of Termination


1. Sample Education Agent Code of Conduct

This Code has been formulated as a basis to develop a professional relationship between the college and the Agent. The Code outlines a number of standards for Agents to follow in an effort to maintain high professional standards in the marketing and delivery of education services and which safeguard the interests and welfare of international students.

Agent Responsibilities1. Knowledge of legislative requirements. Agents are aware of the requirements imposed by the ESOS

Framework, including the ESOS Act and National Code. Agents take steps to ensure that they and any of their staff are fully informed of any changes to the National Code as they may occur from time to time. In addition, the Agent abides by all relevant Australian State and Federal legislation when representing the College, including the Trade Practices Act 1974 (CTH).

2. Ethical student recruitment. Agents ensure that the recruitment of international students is conducted at all times in an ethical and responsible manner and consistent with the requirements of the relevant course or curriculum as detailed in College materials. All marketing undertaken by the Agent maintains the integrity and reputation of the industry, the College and registered Providers generally.AgentsdonotknowinglyrecruitorattempttorecruitstudentswherethisconflictwithNational Code Standard 7.

3. No false or misleading statements. Agents do not make any false or misleading statements about College courses and services to the public. In particular, Agents do not give false or misleading information or advice in relation to:

a. Claims of association between Providers;

b. The employment outcomes associated with a course;

c. Automatic acceptance into another course;

d. Possible migration outcomes; or

e. Any other claims relating to the College, its course or outcomes associated with the course.

4. Up-to-date information. Agents regularly review all information and materials provided to the Agent by the College and ensure that all information and materials submitted to actual or prospective students is accurate and up to date.

5. Fair and equitable student selection. Agents ensure that equal opportunity principles will be applied to student selection decisions and that all student selections are conducted in accordance with College policy.

6. Qualifiedstaff.Agentsemployappropriatelyqualifiedstaff,andtrainallstaffwhoareinvolvedinstudent recruitment, enrolment and selection processes to ensure that students are appropriately selected in accordance with College policy. The Agent ensures that its entire staff abides by this Code of Conduct in their dealings with actual or prospective students of the College.

7. Adhering to College procedures. Agents adhere to College enrolment and other relevant procedures and promptly make available all original applicant documentation to the College upon request.

8. Maintenance of student privacy. Agents keep all applicant information collected as part of the application and enrolment process secure. Agents take all necessary steps to ensure that the handling and disclosure of all personal information complies with the College’s privacy policy and the relevant Australian state and federal privacy legislation.

9. Fees. Agentshandleallcoursefeeswithcareandinaccordancewiththeirfiduciaryobligations.Allsuch moneys received must be passed on immediately to the College without set off or deduction.


2. Sample Agent Appointment Monitoring and Termination Policy

1. PurposeTheRepresentativesoftheXProviderareoftenthefirstpointofcontactbetweenperspectivesstudentsand the Institute. Their activities and integrity are important to the Institute’s reputation as a desirable destination for students. The institute is therefore committed to only appointing Agents who will act ethically and appropriately. The Institute monitors agent activities according to standard 4 of the National Code and acts immediately to prevent or correct negligent, careless or incompetent and dishonest practices.

2. ScopeThe procedure applies to:

• Agent of X Provider (Including Sub-Contractors of the Agent and all employees)

• Staff of International Student Unit (ISU) who are involved in monitoring the activities of agents.

3. DefinitionsCRICOS: Commonwealth Register of Institutions and Courses for Overseas Students

DEEWR: Department of Education, Employment & Workplace Relations

DIAC: Department of Immigration and Citizenship

ESOS Act: Education Services for Overseas Students Act 2000

ESOS Regulations: Education Services for Overseas Students Regulations 2001.

National Code: National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007

Prospective Student: A person who intends to become, or who has taken any steps towards becoming, aStudent,an‘OverseasStudent’or‘IntendingOverseasStudent’asdefinedbytheESOSAct

Agent: An accredited person or organisation with the authority to promote the X Institute of TAFE’s courses and services to Students or intending Students in nominated regions

Agent Agreement: The agreement between X Provider and the Agent including the Schedules.

International Student: ApersonholdinganAustralianStudentvisaandisdefinedasan‘OverseasStudent’ in the ESOS ACT

4. Actions

4.1. The X Provider monitors Agents as follows:

4.1.1. Telephone, teleconference and meetings

4.1.2 Regular reports from Agent

4.1.3 Performance benchmarks included in Agent Agreement


5. Agent Performance Appraisal

5.1 The performance of each Agent will be monitored and reviewed by X Provider.

5.2 X Provider will consider the performance of the Agent to decide whether to:

5.2.1 Maintain the Agent’s appointment;

5.2.2 Appoint the Agent for a further year subject to certain conditions; or

5.2.3 Terminate the Agent’s appointment in accordance with Termination of an Agent within this Procedure.

5.3. In considering the performance of the Agent under Item 5.2, international staff will complete the International Agent Performance Appraisal form and consider:

5.3.1 The agent’s compliance with the Agent’s Agreement and any conditions placed on the agent by the Institute;

5.3.2 The recruitment activities which the Agent has completed, and the conversion rate of:

• Student Applications to the Institute Offers; and

• The Institute Offers to actual enrolment of students;

• The reasons why applications from potential students did not proceed to student enrolment status;

• Agent Marketing Materials and information access;

• Any informal/verbal feedback or information from students or third parties regarding the Agent;

• The number of students transferring to other educational Providers and the reasons for any transfer.

6. Re-appointment of an Agent

6.1 If, following an Agent Performance Appraisal, the Institute is satisfied that the Agent has not engaged in unprofessional conduct, and has met satisfactory performance criteria a new Agent Agreement may be offered to the Agent.

6.2 The new Agent Agreement is to be updated to include any new DIAC or DEEWR or Institute regulations or requirements.

6.3 StaffintheInternationalofficefilethenewAgentAgreementandacopyofthe completedISUAgentPerformanceAppraisalFormontheAgent’sfile.

7. Termination of an Agent

7.1 If the Institute becomes aware or reasonably suspects that an Agent has engaged in unprofessional conduct, the Director, Business Development writes to the Agent with a warning regarding any unprofessional conduct.

7.2 The Agent must provide a written response within 10 working days of the dateoftheletterasspecifiedaboveinItem5.3.1.


7.3 After 10 working Days from the date of the letter as referred to in Item

7.4 The Director, Business Development may consider the Agent’s performance in light of:

• The response of the Agent to the letter referred to in Item 7.1;

• Whether the Agent engaged in unprofessional conduct; and

• The considerations contained in the ISU Agent Performance Appraisal Items 7.1.

7.5 After considering the Agent’s conduct and performance, the Director, Business Development may:

• Require the Agent to undertake further training;

• Maintain the Agent’s appointment;

• Warn the Agent;

• Suspend the Agent’s appointment;

• Maintain the Agent’s appointment subject to certain conditions; or

• Terminate the Agent’s appointment immediately.

7.6 The Director, Business Development must terminate the appointment of an Agent if he or she knows or reasonably suspects the Agent may have been engaged in unprofessional conduct.

7.7 Where the Director, Business Development has made a decision as stated in Item 7.5 above, he or she may disclose that decision and the reasons for it to other people, organisations, bodies or professional associations, including the Agent’s employer. Any disclosure must be made in accordance with the Institute Privacy Policy.

7.8 If the Director, Business Development decides to terminate an Agent’s appointment, the Director should

• Advise in writing to the Agent that his or her appointment has been terminated;

• Notify the International Students Unit of the termination of the Agent and advise staff that no further applications are to be accepted from the Agent.

8. References• Education Services for Overseas Students (ESOS) Act 2000 ESOS Regulation 2001

• The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (National Code)

• The ESOS (Registration Charges) Act 1997

• The Migration Act 1958

• The Migration Regulations 1994


9. Forms/Record Keeping10

Title Location ResponsibleOfficer Minimum Retention Period

Agent Agreement International Unit Director for Business Development

7 years after contract has expired

10 This form can also be found in the International Education Agent Management – Queensland VET Sector, Best Practice Guide


3. Sample Application for Consideration to be Appointed as an Education Agent1110

<<Insert Logo>>

Application for consideration to be appointed as an education agent

CompanyProfile

Company Details

Company Name

Street Address

Postal Address

Phone

Web

Fax

Skype

Email

ContactOfficers Insertmorefieldsasrequired

BranchOfficeLocations

Company Director / Principal

Position

Phone

Email

Alternative Representative

Phone

Email

Company background

Business registration (ABN) No.

If the agent is located in Australia they require an ABN. If located offshore ask for evidence of local business registration requirements

11 This form can also be found in the International Education Agent Management - Queensland VET Sector, Best Practice Guide http://training.qld.gov.au/information/tafe-qld-international/best-practice-guides.html


Details of registering country and authority

Has the company or any individual within the company every been involved in past, pending, threatened or potential litigation, arbitration, administrative actions or other disputes

Businessprofile/strategicplan

Y/N

(please attach)

Organisational chart Y/N (please attach)

Key business activities (List)

Year founded

Years as an education agent

Number of staff

EATC Training (PIER Online) Y / N

List all staff that have completed the EATC

Numberofoffices(locations)

Sub-agencies

Migration Institute Membership

Y / N

Partnerships with other agencies (List)

Associations/affiliationswith other relevant organisations (List)

Associations with any local authorities / governments / councils/etc. (List)


Marketing

Please indicate the geographical territory you will service

Provide description of your target market, trends, demands etc.

Proposal for promotion and marketing in the territories

Performance

Number of students sent abroad each year

Proposed number of students sent to us in the next year

Service Fees and Charges

What services do you provide for students?

Please provide details of any fees you charge students

Referees

Educational Referees (x2)

Name

Position

Organisation

Address

Phone

Email

Student Referees (x2)

Name

Address

Phone


Email

Organisation/Institution studying

DeclarationI am interested in representing you as an educational representative and I agree to do so in an honest and professional manner. I agree to:

• Regularly monitor policies and changes to the policies as reported on the DIAC website.

• Regularly monitor policies and regulations and changes to these policies and regulations as reported on the DEEWR website.

• I have read the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students and agree to adhere to the relevant Standards.

Signed

Name Date

Organisation Position


1. Sample of an Application Letter<<Date>>

[Click here and type recipient’s address]

Dear <<agent’s name>>

RE: Application to become an Education Agent for <<organisation>>Thank you for your interest in representing and working with <<organisation>> as an Educational Representative.PleasefindenclosedanAgentApplicationPackage.Thispackageisforagentswho:

• Have never been registered as a <<organisation>> educational agent

• Have not been registered in the last twelve months.

<<organisation>> values the development of strong relationships with our Educational Representatives andensuringmutuallybeneficialoutcomes.WeexpectallofourEducationalRepresentativestobehaveprofessionally with the highest ethical standards at all times.

Before making an application we strongly encourage you to read the following:

• <<organisation>> International Student Prospectus – www.xxxx

• ESOS Act (2000) and the National Code (2007) - www.deewr.gov.au/esos

• It is also recommended that you visit the Department of Immigration and Citizenship (DIAC) website – www.immi.gov.au.

If you decide to apply to become an Educational Representative for <<organisation>> you must answer all questions on the enclosed application form. All of the information MUST be in English or translated into English fromanotaryoffice inyourcountry. It isalso important tonote that twoofyour refereesmustcome from the educational sector. Once you have completed the application please sign and return the form. Your application will be assessed on the basis of your experience and the strategic alignment of your application with our needs.

We look forward to receiving your application. If you have any queries please do not hesitate to contact us on <<organisational contract details>>

Yours sincerely,


2. Sample of Provider Information (International Prospectus)1. Title Page

2. Welcome from CEO/Principal

3. OrganisationalProfile

a. History

b. Reputation

c. Professional Memberships/alliances

d. Fast Facts

4. CityProfile

a. <<organisation in>> City

b. CityProfile(FastFacts)

c. Cost of Living

5. Why choose <<Organisation>>

6. Student support services

a. Overseas Student Health Cover

b. Airport Reception

c. Accommodation

d. Orientation

e. Personal Support

f. Social Activities

g. College Facilities

h. English Language Support

i. Employment Opportunities

7. Study Options

8. Training Course Guide

9. Financial Information

a. Tuition fees

b. Fee Refund policies

c. Scholarships

d. Employment Options

10. Admissions Information

a. Entry Requirements

b. English Language Partners

c. International Partners

i. Agents

ii. Colleges

d. Application Procedures


3. Example of an Educational Referee Report

Agent Referee Report

CompanyProfile

Name of Agent

Reference Check Phone/Email/Post

Date Checked

Date Checked

Referees Name

Position within the organisation

Name of Organisation

Phone

Email

Skype

Background Information

What is the nature of your business relationship with the applicant?

How long have you had a business relationship with the applicant?

What do you consider are the applicant’s key strengths?

Do you have any comments or issues that may impact on the applicant’s knowledge, skills and ability to produce outcomes?

Marketing and Recruitment

Do you have any comments on the applicant’s ability to recruit students and generate business?

Howdoyoufindthequalityofapplicationsand students being submitted by this applicant?

Any additional comments

I declare that this information is true and correct

Signed: (referee or interviewed by)

Date


4. Example of a Student Referee Report

Student Referee Report

Reference Check Phone/Email/Post

Date Checked

Referees Name

Phone

Email

Skype

Name and country of education institution

What was the nature of your association with the applicant eg. agent, travel agent, migration adviser.

What services did the applicant provide to you?

What do you consider the applicant’s key strengths?

Do you have any comments or issues on the service and advice you received from the applicant?

Any additional comments

I declare that this information is true and correct

Signed: (referee or interviewed by)

Date


5. Process Checklist: New Agent Application

Agent Name

Territory/ies

Action Officer Date Comments

1 Send agent application package

• Covering Letter

• Application Form

2 Receive application form back from agent

• Signed by the agent.

• Referees provided

3 Application Assessed

• Referees contacted

• Application assessed against organisational agent objectives

• Agent marketing plan assessed

4 Application Approved

• Generate Letter of Acceptance (Cover letter)

• Generate 2 copies of Education Agent Agreement.

• Send signed documents to Education Agent for signing.

Application Rejected

• Send rejection letter

5 • Signed Education Agent Agreement returned

• GenerateEducationAgentCertificate.

• Agent Manual

• Send pack to agent

• Send marketing material eg International Prospectus to agent.

6 • Enter agent details on agent database

• Add Agent to Internet site


6. Example of Rejection Letter

<<date>>

Dear <<agents name>>

RE: Application to represent <organisation> as an Education AgentI am writing to you in regard to your recent application to represent <organisation> as an Education Agent. Thank you for your application and interest however we are not appointing agents within <<territory>> at present.

<<organisation>>valuesthedevelopmentoflongtermmutuallybeneficialpartnershipswithourapprovedEducation Agents. At the present time <<territory>> is being serviced through a number of established Education Agents.

If you disagree with this decision you have the right to appeal. Please contact {your organisation} for information on the appeal process.

Wewillkeepyourapplicationonfileandifanyopportunitiesarisewherewecanworktogetherinthefuturewe will contact you.

Thank you again for your application and we wish you success in your business.

Yours sincerely,


7. Example of Education Agent Acceptance Letter

<<date>>


RE: Application to represent <organisation> as an Education Agent in <territory>I am writing to you in regard to your recent application to represent <organisation> as an Education Agent in <territory>. I am pleased to advise that your application has been successful.

<<organisation>> values the development of a long term mutually beneficial partnership with yourorganisation and would like to formalise this commitment through the signing of an Educational Agent Agreement.

It is with pleasure that we enclose two copies of the Agent Agreement between <<agents company>> and <<your organisation>>, in accordance with the ESOS Act 2000.

If you would like to accept this offer please sign both agreements and return one to us at your earliest convenience. Once we have received confirmation of your acceptance through receipt of the signedcontractwewillforwardyourAgentCertificateofAppointment,brochuresandpromotionalmaterialorderform.

We thank you for your support and look forward to a long and successful partnership.

Yours sincerely,

<<Click here and type your name>>

<<Click here and type job title>>

8. Sample Agent Contract The following template is taken from Victoria TAFE International’s (VTI) Best Practice in Education Agent Management Guide and as is provided as an example of what a contract could contain. Providers MUST contextualise and get their own legal advice regarding the agent contract.

Agreed terms

1. ENGAGEMENT OF THE REPRESENTATIVE1.1 The Representative is engaged to perform the Services in the Territory for 12 months from [insert date]

until [insert date] ('the Term').

1.2 No exclusivity is given or implied to the representative. INSTITUTE may engage other Representatives to operate in the Territory during the Term, if it so chooses to perform the same or similar services.

1.3 Upon the appointment of the Representative, the Representative will receive an executed copy of this Agreement from INSTITUTE.


2. WARRANTY & INDEMNITIES OF THE REPRESENTATIVE2.1 The Representative warrants that:

(a) (Purpose) where INSTITUTE has, either expressly or by implication, made known to the Representative any particular purpose for which the Services are required, the Services will be performed in such a way as to achieve that result;

(b) (Conflict) the Representative its employees, agents and contractors do not hold any office orpossess any property, are not engaged in any business or activity and do not have any obligations wherebydutiesorinterestsareormightbecreatedinconflictwithormightappeartobecreatedinconflictwithitsobligationsundertheAgreement;and

2.2 TheRepresentative indemnifies INSTITUTEagainstany loss, liabilityorexpense,andanypaymentor fine arising froman audit by theAustralianTaxationOffice,State RevenueOffice orWorkcoverauthority. This indemnity is a continuous obligation and independent from other obligations of the Representative and survives the termination, for whatever reason of this Agreement.

2.3 In addition, the Representative shall indemnify INSTITUTE from and against any claim that may be made against INSTITUTE or the employees of INSTITUTE arising out of any negligent or wilful act or omission in the performance of the Contract Services by the Representative, its employees, servants or agents and also from any costs that may be incurred with any claim.

2.4 The Representative warrants that it has not in the past engaged in dishonest or prohibited practices in connection with its activities as an Education Agent, including:

(a) facilitating the enrolment of a student whom the Representative believes will not comply with the conditions of his or her student visa;

(b)usingPRISMStocreateaConfirmationofEnrolmentforsomeoneotherthanabonafidestudent;

(c) providing immigration advice where not authorised to do so under the Migration Act 1958 (Cth); or

(d) attempting to recruit a student at a time when:

(i) the Representative is or ought reasonably to be aware of the circumstances of the student; and

(ii) the circumstances of the student are such that the student would be prohibited from becoming enrolled pursuant to Standard 7 of the National Code – Transfer Between Registered Providers;


3. WHAT THE REPRESENTATIVE MUST DO3.1 Under this Agreement the Representative agrees to:

(a) provide INSTITUTE with any assistance or information it reasonably requests to allow INSTITUTE to comply with its obligations under the National Code;

(b) abide by the highest ethical standards as described in the National Code;

(c) promote the Courses in the Territory;

(d)findsuitablepotentialstudentstoundertakecourses;

(e) in accordance with INSTITUTE's procedures and requirements, recruit and assist in the recruitment of students;

(f) assist people to become students and for that purpose, provide all necessary information about courses and assistance in completing forms or applications and submitting these to INSTITUTE;

(g)arrangeforEnglishlanguageproficiencytestingofpotentialstudentstobecarriedoutthroughtheInternationalEnglishLanguageTestingSystem(IELTS)byqualifiedpersonsinaccordancewiththeAustralianMigrationRegulationsor throughanalternativeEnglish languageproficiency testasprescribedbytheMinisterofImmigrationandMulticulturalAffairsforspecifiedcountriesandvisasubclasses from time to time;

(h) provide interpretersand freeuseofofficespace for jointpromotionsatmutuallyagreeddatesduringvisitsbyINSTITUTEtotheRepresentative'sofficesuponrequestfromINSTITUTE;

(i) regularly monitor the Australian Government Department of Immigration and Citizenship (DIAC) website at www.immi.gov.au and from time to time or as directed by INSTITUTE, attend local briefings,AustralianEducation International (AEI) sessionsor agentsassociationsmeetingsorother information sessions concerning the recruitment of overseas students for study in Australia as deemed appropriate by INSTITUTE; and

3.2 In performing and delivering the Services, the Representative must:

(a) promote the Courses with integrity and accuracy and recruit students in an honest, ethical and responsible manner;

(b) inform prospective students accurately about the requirements of courses. This can only be done by referring students to material provided by INSTITUTE;

(c) assist to uphold the high reputation of INSTITUTE and of the Australian international education sector;

(d) ensure that all necessary evidence and documents accompany a prospective student's application or acceptance of an offer;

(e) only undertake promotional and marketing activities which are connected to or make reference to INSTITUTE which have been expressly authorised by INSTITUTE; and

(f) conduct itself in a manner consistent with INSTITUTE's obligations under the National Code, including Standard 4.1 set out at Schedule 1.

3.3 INSTITUTE requires the Representative to complete (or have completed) the AEI Education Agent Training Course unless otherwise advised in writing.


3.4 The Representative must provide the following written information to prospective students, before the prospective students make an application to study:

(a) all students who come to Australia on a student visa must do so for the primary purpose of studying and must undertake full-time Study; and

(b) prospective students are required to notify INSTITUTE in writing of any change in their contact details, such as their Australian residential address and telephone number, which starts after they commence their Course.

(c) disclose to prospective students that :-

(i) the Representative receives a fee from INSTITUTE;

(ii) if a prospective student's visa application is refused, INSTITUTE shall refund the student's fees to their residential address (not the Representative's address);

(iii) INSTITUTE's indicative Course related fees have been quoted. Fees may change during the student's course;

(iv) applicable refund policies apply [Standard 2.1(3), National Code];

(d) INSTITUTE's campus locations, facilities, equipment and learning and library resources available to students [Standard 2.1(c), National Code];

(e) INSTITUTE'scourses(asperCRICOSRegistration), includingcoursecontent,thequalificationoraccreditation gained on completion, duration, modes of study, assessment methods (including whether other providers are involved in the delivery of the course) and details of any arrangements with other providers, persons or businesses for recognition or completion of the course [Standard 2.1(b) and (d), National Code]; information about living in Australia and the local environment of the relevant campus, including information about campus location, accommodation options and indicative costs of living [Standard 2.1(h)(i) and (ii), National Code];

(f) the requirements for acceptance into a Course, including the minimum level of English language proficiency,educationalqualificationsandworkexperiencerequired,andwhethercoursecreditmay be applicable [Standard 2.1(a) National Code];

(g) information about the grounds on which the student's enrolment may be deferred, suspended or cancelled [Standard 2.1(f) National Code];

(h)visarequirementswhichmustbesatisfiedbytheprospectivestudentincludingEnglishlanguageproficiencylevels;

(i) conditions imposed on student visas including satisfactory academic performance, attendance requirements and working rights and that INSTITUTE will be required to keep a record of the student's academic progress and attendance at classes;

(j) INSTITUTE’s obligation to report any failure by a student to meet their visa conditions relating to attendance or academic performance to Australian Government authorities;

(k) the requirement that any school age dependants who accompany the student to Australia may be required to pay full fees school when they enrol in either government or non-government schools [Standard 2.1(h)(iii) National Code];

(l) withdrawal arrangements;

(m) admission procedures, credit transfers and the recognition of prior learning (RPL) policies at INSTITUTE;

(n) a description of the ESOS framework made available electronically by DEEWR [Standard 2.1(g) National Code];

(o) internal and external grievance procedures; and


(p) non-academic student support services of special relevance to international students.

3.5 The Representative must:

(a) complete a Marketing Plan in consultation with INSTITUTE (the Marketing Plan).

(b) comply with the Marketing Plan when delivering the Services.

(c) participate in any review of its delivery of the Marketing Plan when requested by INSTITUTE

(d) participate in discussions with INSTITUTE regarding its performance under this agreement upon being given reasonable notice by INSTITUTE.

(e) obtain a prospective student's details, including their name and residential address (which must not be the Representative's address)

(f) send offer documents received from INSTITUTE to the nominated prospective student within 3 business days of receipt of the offer documents by the Representative;

(g) within 5 business days of a receipt of fees and charges from a prospective student collect and forward all fees and charges together with the acceptance form to INSTITUTE and fax a copy of the bank draft and acceptance of offer form received from the prospective student to INSTITUTE within 5 business days of receipt from a prospective student;

(h) provide INSTITUTE with market intelligence relevant to the recruitment of students in the Territory as requested by INSTITUTE from time to time;

3.6 The Representative gives information in ‘written form’ to a prospective student if it:

(a) gives that person a physical copy of the information in printed form, and the information includes the name and CRICOS number of INSTITUTE;

(b) sends by email to an address nominated by that person an electronic copy of the information in printed form, and the information includes the names and CRICOS number of INSTITUTE; or

(c) gives that person accurate instructions about how to access an electronic copy of the information in printed form, and the information includes the name and CRICOS number of INSTITUTE.

4. WHAT THE REPRESENTATIVE MUST NOT DO4.1 The Representative must not:

(a) act unethically in performing the Services. Unethical behaviour includes :-

(i) discounting of tuition fees,

(ii) aiding and abetting in the submission of fraudulent documents for visa purposes,

(iii) charging fees for application forms or brochures or misleading or

(iv) deceiving prospective students in any way.

The use or submission of a fraudulent document is a breach of this Agreement for which INSTITUTE may terminate this Agreement.

(b) engage in any dishonest practices, including suggesting to prospective students that they can come to Australia on a student visa with a primary purpose other than full-time study; attempt to recruit a student where :-

(i) the Representative is aware or ought reasonably to be aware of the circumstances of the student; and

(ii) the circumstances of the student are such that the INSTITUTE would be prohibited from enrolling the student by Standard 7 of the National Code;

(c) facilitate applications for prospective students who do not comply with visa requirements;


(d) make any representations or offer any guarantees to prospective students in relation to :-

(i) whether they will be granted a student visa; or

(ii) about residency requirements and status in Australia; the Representative may, however, refer prospective students to the Australian Government's DIAC or to DIAC's website at www.immi.gov.au for these purposes;

(e)provideprospectivestudentswith'immigrationadvice'asdefinedbytheMigrationAct1958(Cth),unless lawfully authorised to do so under that Act;

(f) engage in false or misleading advertising or recruitment practices;

(g) make any false or misleading comparisons with any other education provider or their courses, or make any inaccurate claims of association of INSTITUTE with any other education provider or organisation;

(h) give inaccurate information to a prospective student about acceptance into a course or into any other course;

(i) give false or misleading information or advice in relation to the employment outcomes associated with course;

(j) give false or misleading information or advice in relation to possible migration outcomes;

(k) give false or misleading information or advice in relation to any other claims relating to INSTITUTE, its courses or outcomes associated with its courses;

(l) undertake any advertising or promotional activity about the Courses at INSTITUTE or any of its associates, sponsors, business partners or any other organisation without the prior written consent of INSTITUTE. Advertising or promotional activities will be undertaken at the Representative's expense unless otherwise agreed in writing by INSTITUTE in advance;

(m)useanywrittenmarketinginformationaboutINSTITUTE,unlessitclearlyidentifiesthenameandCRICOS number of INSTITUTE;

(n) receive or bank any fees or charges payable to INSTITUTE by a prospective student or deduct any amount from such fees or charges;

(o) give inaccurate information to a prospective student as to fees or charges payable to INSTITUTE;

(p) impose any fee on a prospective student for their application or acceptance of offer unless this fee has been disclosed to the student prior to the lodgement of any papers and has been agreed with INSTITUTE.

(q) commit INSTITUTE to accept any prospective student into a course and must not make representations that a student will automatically be accepted into a course;

(r) use or access PRISMS, the Australia Government electronic enrolment system; and

(s) use any registered or unregistered Mark of INSTITUTE without the prior written consent of INSTITUTE.

5. WHAT INSTITUTE MUST DO5.1 INSTITUTE must:

(a) provide the Representative with information to enable the Representative to provide the Services;

(b) inform the Representative about how to gain access to information regarding visa requirements and the process of visa applications;

(c) inform the Representative of any changes to visa requirements within a reasonable time after becoming aware of any such changes;

(d) process all completed applications received within a reasonable time.


5.2 INSTITUTE may, in its absolute discretion, establish the fees, charges, terms and conditions relating to INSTITUTE’s courses.

5.3 INSTITUTE is not required to accept any prospective students referred by the Representative into any of its courses.

5.4 INSTITUTE will monitor the Representative’s activities by auditing the Representative’s practices and performance twice yearly.

5.5 INSTITUTE may undertake a review of the Representatives performance under this agreement at any time.

6. PRIVACY6.1 In the course of performing its obligations under this Agreement:

(a) the Representative and its employees and agents must comply with the Information Privacy Principles; and

(b) the Representative must immediately notify INSTITUTE if the Representative becomes aware of a breach of clause 6 by the Representative or an employee or agent of the Representative.

6.2TheRepresentativeindemnifiesINSTITUTEanditsemployeesandagentsagainstanyliabilityincurredor loss or damage suffered by INSTITUTE and its employees and agents by reason of a breach of the Information Privacy Principles.

6.3 Nothing in this clause affects any obligation that the Representative may have to comply with the National Privacy Principles.

7. REPRESENTATIVE'S FEES7.1 Subject to the other provisions of this clause 7, INSTITUTE must pay the representative a fee calculated

in accordance with Item 3 of Schedule 2 for each student who:

(a) is recruited by the Representative; and

(b) is enrolled in a course and has commenced that course;

(c) has paid the respective Course Fee to INSTITUTE

7.2 For the purposes of this Agreement, a Representative will not be regarded as having recruited a student unless:

(a) the Representative submits the student's application for enrolment containing the Representative’s name; and

(b) the Representative submits an acceptance by the student of any letter of offer of a place in a course from INSTITUTE; and

(c) all tuition fees, charges & material costs as outlined in the Letter of Offer provided to the student together with supporting documentation are submitted to INSTITUTE.

7.3 No Fee will be payable by INSTITUTE to the Representative if the student is recruited through INSTITUTE programs for the recruitment of students conducted in Australia.

7.4 If a student withdraws from their course prior to 45 days after the commencement of their course, INSTITUTE will pay the Representative a processing charge of AUD$200.00.

7.5 If a student recruited by the Representative withdraws from their course and enrols in another course offeredbyINSTITUTEwithinthestudent'sfirstsemester,INSTITUTEagreestopaytheRepresentative'soriginal fee.


7.6 No Fee is payable by INSTITUTE unless the Representative has submitted an invoice in AUD$ containing the following information:

(a) the student’s family name and given names,

(b) the student’s residential address,

(c) the student’s date of birth,

(d) course commencement date of the student's course;

7.7 The invoice must be in following form:

(a) presented on the Representative's letterhead, containing the current address, telephone, fax and email details of the Representative;

(b) including the date and an invoice or reference number; and

(c) containing such other information as INSTITUTE may require from time to time.

7.8 INSTITUTE must pay the Fees payable under this clause 7 on the receipt of an invoice from the Representative and no later than 60 days after the student has commenced the Course.

7.9 If there is a dispute regarding whether a Representative has recruited a student, or a student has submitted their own documentation or for any other reason, INSTITUTE has an absolute discretion to determine whether the Representative recruited a student for the purposes of clause 7.

7.10 If there is a dispute between two or more Representatives concerning the recruitment of a student, INSTITUTE has an absolute discretion to pay the Representative that it determines has recruited the student.

7.11 No commission or fees will be payable by INSTITUTE on group or project activities either in Australia or overseas (the programs).

7.12 INSTITUTE will provide the Representative with a total price for the programs and the minimum and maximum number of participants per group.

7.13 The Representative will be responsible for covering its own costs associated with the program and determining the fee per participant.

7.14 INSTITUTE may request any student to provide it with information about the fees or charges paid or payable by the student to the Representative and other information. This information may be considered during any Review of the Representative by INSTITUTE.

7.15 The Representative must submit to INSTITUTE a tax invoice in respect of the Services once they are completed, or at such other time or times as agreed by the parties. A tax invoice submitted for payment must contain the information necessary to be a tax invoice for the purposes of the GST Act together withsuchinformationasINSTITUTEmayreasonablyrequireandbesenttotheaddressspecifiedinSchedule 2 of this Agreement.

7.16 Payment of an invoice is not taken as evidence that the Services have been supplied in accordance with the Agreement but must be taken only as payment on account.

7.17 INSTITUTE will, on demand by the Representative, pay simple interest on a daily basis on any overdue amount,attherateforthetimebeingfixedundersection2ofthePenaltyInterestRatesAct1983(Vic)

7.18 For the purposes of clause 7.17, “overdue amount” means an amount (or part thereof) that is not, or is no longer, disputed in accordance with this Agreement:

(a)thatisdueandowingunderataxinvoice(asdefinedinANewTaxSystem(GoodsandServicesTax)Act 1999 (Cth) properly rendered by the Representative in accordance with this Agreement; and

(b) which has been outstanding for more than 30 days from the date of invoice or the date that the amount ceased to be disputed, as the case may be.


7.19 The Representative must provide an Australian Business Number (“ABN”) and will not be entitled to any payment under this clause unless the Representative obtains an ABN.

8. DISPUTE DETERMINATION8.1 If any dispute arises between the parties in relation to the effect of this agreement and that dispute

is not mutually resolved within one (1) calendar month, the parties may appoint a person who may be a senior member of INSTITUTE or a person independent of INSTITUTE to resolve the dispute, failing which the dispute may be referred to arbitration in accordance with the laws relating to arbitration in force in the State of Victoria.

8.2Atsucharbitrationeachofthepartiesmayberepresentedbyaqualifiedlegalpractitioner.

8.3 The costs of the arbitration shall be dealt with as follows:

(a) the costs of each of the parties shall be borne by the party that incurred them and not by any other party; and

(b) the fees and expenses of the arbitrator and any costs of the arbitration shall be borne equally by the parties.

9. GST9.1 Wordsorexpressionsused in thisclausewhicharedefined in theANewTaxSystem(GoodsandServicesTax)Act1999(Cth)or,ifnotsodefined,whicharedefinedintheTradePracticesAct1974(Cth), have the same meaning in this clause.

9.2 Any consideration to be paid or provided for a supply made under or in connection with this Agreement, unless specifically described in this Agreement asGST inclusive, does not include an amount onaccount of GST.

9.3 Despite any other provision in this Agreement, if the Representative makes a supply under or in connection with this Agreement on which GST is imposed (not being a supply the consideration for whichisspecificallydescribedinthisAgreementasGSTinclusive):

(a) the consideration payable or to be provided for that supply under this Agreement but for the application of this clause (GST exclusive consideration) is increased by, and INSTITUTE must also pay to the Representative, an amount equal to the GST payable by the Representative on that supply; and

(b) the amount by which the GST exclusive consideration is increased must be paid to the Representative by INSTITUTE without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.

9.4 If a Fee relates to a supply upon which GST is imposed, the Representative must provide to INSTITUTE a Tax Invoice in AUD$.

10. CONFIDENTIALITY10.1 The Representative acknowledges that all documents, data and information disclosed by INSTITUTE is ‘Confidential Information’ and shall be used only for the purposes of this Agreement. TheRepresentative shall keep all information confidential andmay disclose it only to its officers andemployees in connection with this Agreement. Before disclosure, the Representative shall direct that itsofficersandemployeeskeeptheinformationconfidential.

10.2 The obligations of this clause 10 are continuing obligations and shall not cease on termination of this Agreement.

10.3TheinformationcontainedinthisagreementandtheMarketingPlanisalsoconfidentialinformationand is not to be divulged to any third party unless required by law.


11. ASSIGNMENT AND SUBCONTRACTING11.1 The Representative must not assign its obligations under this agreement to any third party unless the

RepresentativehasfirstobtainedthewrittenconsentofINSTITUTE.

11.2 If INSTITUTE agrees to an assignment of the Representative's obligations under clause 11.1, the Representative agrees that it will retain responsibility for its obligations under this Agreement.

11.3 The Representative must provide any assignee with copies of this Agreement and ensure that the assignee undertakes to comply with the terms of this agreement.

11.4 The Representative must provide INSTITUTE with the names and contact details of all assignees and copies of the documentation by which they are appointed within 5 business days after such assignment.

12. TERMINATION OF THE AGREEMENT12.1 This agreement is automatically terminated when INSTITUTE becomes aware or reasonably suspects

that the Representative:

(a) is engaged in or has been previously engaged in dishonest practices, including the deliberate attemptstorecruitthestudentwherethisclearlyconflictswiththeRepresentative'sobligationsinthis agreement.

(b) facilitates the enrolment of a student who INSTITUTE believes will not comply with the terms of his/her student VISA.

(c)usesPRISMStocreateconfirmationofenrolmentotherthanofabonafidestudent.

(d) provides advice when not authorised to do so under the Migration Act 1958.

12.2 Either party may terminate this agreement by giving the other party 30 days notice in writing.

12.3 INSTITUTE may terminate this agreement by INSTITUTE giving notice to the Representative that the Representative has breached a provision of this Agreement including if INSTITUTE is directed or required so to do by a relevant Australian government department. In such cases, termination will be effective immediately upon the service of the notice.

12.4 Notification of termination under clause 12.3will be sent to the Representative and the nearestAustralian Diplomatic Mission and other relevant government bodies.

12.5 If the Agreement is ended by either party, the Representative must:

(a) submit to INSTITUTE all applications and Course Fees from prospective students received up to the date of termination; and

(b) immediately cease to use any advertising, promotional or other material supplied by INSTITUTE and return such material to INSTITUTE by registered mail or by a reputable international courier.

12.6 This Agreement will lapse if the Representative does not refer any international students to INSTITUTE withinthefirst12monthsofthisagreementorsuchothertimeasagreedinwritingwithINSTITUTE.

12.7 Termination of this Agreement does not affect any accrued rights or remedies of either party.

13. CONTINUATION OF THE AGREEMENT13.1 Where the parties agree in writing, this Agreement may continue and its terms may be extended for a

period of 12 months or such other time as is agreed in writing by the parties


14. NOTICES AND VARIATIONS14.1 This Agreement can only be altered in writing, signed by both parties.

14.2 Any notice under this Agreement must be in writing and sent by prepaid post, facsimile or electronic mailtotheaddressoftheotherpartyspecifiedinItem4ofSchedule2,orsuchrevisedaddressasisnotifiedtotheotherpartyinaccordancewithClause14.3.

14.3 A party that changes its address, facsimile number or electronic mail address must give notice of that change to the other party within a reasonable time.

14.4 From time to time the parties may agree to additional activities being undertaken by the Representative whichactivitiesshalltobeidentifiedinseparateSchedulesattachedtothisAgreement.14.5.Theparties agree to vary this Agreement if required because of changes to relevant Acts, the National Code or Regulations.

15. AGREEMENT15.1 This Agreement replaces and supersedes any agreement or arrangement between the parties in

relation to its subject matter.

16. APPLICABLE LAW16.1 This Agreement is governed by and is to be construed in accordance with the law in force in the State

of XXXX, Australia.

16.2 The parties agree to submit to the non-exclusive jurisdiction of the courts of the State of XXXX, Australia, including the Federal Court of Australia.

17. DEFINITIONS AND INTERPRETATION OF THIS AGREEMENT17.1 In this Agreement:

INSTITUTE means [full name] Institute of Technical and Further Education

'Marketing Plan' means a Plan for the activities of the Representative in the format in [Schedule 3];

'Courses' means the Full-time Registered courses offered by INSTITUTE and registered in accordance with the requirements of the ESOS Act;

'Course Fee' means the tuition and other fees for Courses set by INSTITUTE;

'CRICOS' means the Commonwealth Register of Institutes and Courses for Overseas Students;

'Education Agent' means a person or organisation representing INSTITUTE which recruits overseas students and refers them to INSTITUTE;

'ESOS Act' means the Education Services for Overseas Students Act 2000 of the Commonwealth of Australia, as amended from time to time;

'Fee' means the fees and commission outlined in clause 7 of this Agreement;

'Full-time' and 'Full-time Study' means the amount of study for a particular Course which is approved by the accrediting authority for the Course, or in cases where the accrediting authority gives no such approval, means the amount of full-time study per week determined by the designated authority;

'Information Privacy Principles' means the Information Privacy Principles under the Information Privacy Act 2000 (Vic).

'Institute' means the [full name] Provider (INSTITUTE);

‘Market Intelligence’ is the information relevant to a company’s markets, gathered and analysed specificallyforthepurposeofaccurateandconfidentdecision-makingindeterminingmarketopportunity,market penetration strategy and market development metrics.


'Marks' means logos, trade marks, designs, crests that belong to or carry the name of INSTITUTE and any variationsormodificationsthereto.

'National Code' means the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students, established pursuant to Part 4 of the ESOS Act, as amended from time to time;

'National Privacy Principles' means the National Privacy Principles under the Privacy Act 1988 (Cth).

'Personal Information' means information or an opinion (including information or an opinion forming part of a database),that is recorded in any form and whether true ornot, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.

‘PRISMS’ means the Provider Registration and International Students Management System (the electronic systemthatholdsCRICOSandelectronicconfirmationofenrolmentdetails);

'Prospective student' means a person (whether within or outside Australia) who intends to become, or who has taken any steps towards becoming, a Student including an 'overseas student' or 'intending overseas student'asdefinedbytheESOSAct;

Representative means an Education Agent.

'Review' means a review of the Business Plan which may be conducted by INSTITUTE and the Representative at the expiration of the Term or at any other time; 'Services' means all of the services and obligations described in clause 0;

'Student' means a person (whether within or outside Australia) who holds a student visa including an 'overseasstudent'asdefinedbytheESOSAct;

‘TAFE’ means Technical and Further Education;

'Territory' meansthecountriesorregionsspecifiedinItem2ofSchedule 2;

'Term' means the period for which the Representative is engaged as described

‘Written information’ includes;

(a) Giving a person a physical copy of the information in printed form, and the information includes the name and CRICOS number of INSTITUTE;

(b) Sending by email to an address nominated by that person an electronic copy of the information in printed form, and the information includes the name and CRICOS number of INSTITUTE;

(c) giving that person accurate instructions about how to access an electronic copy of the information in printed form, and the information includes the name and CRICOS number of INSTITUTE.

17.2AwordorphraseusedinthisAgreementthatisdefinedintheNationalCodehasthesamemeaningas it has in the National Code.

17.3 In this Agreement:

(a) headings are for ease of reference only and do not affect the meaning of this Agreement;

(b) the singular includes the plural and vice versa and words importing a gender includes the other gender;

(c)othergrammaticalformsofdefinedwordsorexpressionshavecorrespondingmeanings;

(d) 'including' and other similar expressions are not words of limitation; and

(e) money is in Australian dollars unless otherwise stated and reference to 'AUD' or A$ is a reference to Australian currency.


9. ExampleofEducationAgentCertificateofAppointment

<Insert Logo>

CERTIFICATE OF APPOINTMENT

Authorised Education Agent representing

<organisation>

This is to certify that

<Education Agent Company>

Has the authority to provide information on courses and assist prospective students with their application and enrolment process with <organisation>. This is in accordance

with the ESOS Act (2000) and The National Code (2007).

<<Contract Signing Date>> until <Contract Expiry Date>>

Signed:


10. Example of Order Form for Promotional Materials

Order Form for Promotional Materials

Contact Name

Company Name

Company Postal Address

Email Phone No:

We wish to request the following promotional materials:

Materials Quantity

Please complete this form and return to:

<contact name>

<Organisation>

<Address>

<Email>

<Fax>


11. Example of Agents Manual Contents – Version 1

1. Welcome

2. General information for students and agents

a. Studying and living in <where your RTO location>

b. About your organisation

c. Discipline areas

d. Course information

e. How to apply

f. Credit transfer (RPL)

g. Fees

h. International scholarships

i. Pre-departure and arrival

j. Orientation

k. Late arrival

3. Application Submission

a. Application procedures

b. Contact details

c. How to track application

4. General Financial Procedures

a. How to invoice

b. When to invoice

c. What to invoice

d. Refunds

e. Contact details

5. Marketing

a. How to order promotional materials

b. Contact details

c. Events and exhibitions attending over the next twelve months

6. Communication

a. Upcoming agent events

b. E-News letter

c. Training and communication opportunities

d. Feedback form

7. Links

a. ESOS

b. DIAC

c. DEEWR


12. Sample Agents Manual Contents (ISANA Report) - Version 21211

• Section A – Responsibilities of the agent

• SectionB–Howtofindcurrentandaccuratemarketinginformation

• SectionC–Howtofindinformationoneducationprovidersandtheircourses

• Section D – Rights and responsibilities of the student and EP

• Section E – Student Preparation: Pre departure issues

• Section F – Student Preparation: Post arrival issues

• Section G – Policy: Policies and regulations within education providers

• Section H – Policy: Course fees and refunds

• Section I – Course: Academic progression and attendance requirements

• Section J – Course: Changing course

• Section K – Migration: Visa requirements and conditions

• SectionL–General:Costofliving,managingfinancesandemployment

• Section M – General: Accommodation services

• Section N – General: Health and safety matters

• Section O – Welfare: Welfare and support systems

• Section P – Welfare: Cross Cultural issues and everyday Australian life

• Section Q – Welfare: Social inclusion

• Section R – Reference: Resources and Links

Appendices

• Appendix A1 : Step-by-step International Admissions Process

• Appendix A2 : Step-by-step International Admissions Process - description

• AppendixB:TheAustralianQualificationsFramework

• Appendix C: Agent’s Checklist: what you need to know about your students’ education provider

12 Source:http://www.isana.org.au/files/EducationAgentsManual.pdf

International Education Agent Management | A Best Practice Guide78 International Education Agent Management | A Best Practice Guide 79

13. Sample of Agent Database / Register

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International Education Agent Management | A Best Practice Guide78 International Education Agent Management | A Best Practice Guide 79

14. Sample of an Agent Annual Communication Plan

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15. Sample of Performance Review of Agent Template

Performance Review Assessment

Agent I.D

Agent Name Territory/ies

Agent Address Agent Sub branches

Contract Expiry Contract signed / expired

Rank performance on the following scale. 1 = Exceeded expectations, 2 = Met expectations, 3 = Failed to meet expectations.

Performance Criteria (KPIs) 1 = Exceeded 2 = Met 3 = Did not

Target Students

Actual Students

% change from last review period

Compliance

Compliance with ESOS Act

Compliance with DIAC requirements

Compliance with Code of Conduct

Customer Service

Application processing

Response to enquiries

Student satisfaction

Admissions staff satisfaction

Marketing and Promotions

Request for additional marketing material

Use of marketing material

Outcome of promotional activities

Effective use of marketing budget

Incentives

Did agent qualify for any incentives?

TrainingandQualifications

Hasagentcompletedanyfurthertrainingorqualifications?

Detailsoftrainingandqualifications

Feedback from Agent

Any comments or feedback from agent concerning partnership?


16. Example of an Renewal of Education Agents Contract Letter

<<date>>

<<Click here and type recipient’s name>>


RE: Offer to Renew Educational Representative Agreement.I am writing to you to extend an offer to renew your appointment as <<your organisation>> educational agent for <<territories>>.

<<yourorganisation>>valuesthedevelopmentofalongtermmutuallybeneficialpartnershipwith your organisation and would like to formalise this commitment through the signing of a renewed Educational Representative Agreement.

It is with pleasure that we enclose two copies of the Educational Representative Agreement between <<agents company>> and <<your organisation>>, in accordance with the ESOS Act (2000).

If you would like to accept this offer please sign both agreements and return one to us at your earliestconvenience.OncewehavereceivedconfirmationofyouracceptancethroughreceiptofthesignedcontractwewillforwardyourAgentCertificateofAppointment,brochuresandpromotional material order form.

We thank you for your support and look forward to a long and continued successful partnership.

Yours sincerely,




17. Example of Non-Renewal of Contract Letter

<<date>>



RE: Educational Representative Agreement.I am writing to you in relation to your appointment as an educational representative for <<your organisation>>. The current contract between <<your organisation>> and <<agents company>> expires on <<date>>.

During our review process it has come to our attention that you have not recruited any students for us in the last twelve month / OR <<territory>> is no longer a target market for our organisation// OR you have not met any performance indicators for the last twelve months.

For this reason we will not be renewing our contract with you. If you disagree with this decision you have the right to appeal. Please contact {your organisation} for information on the appeal process.

We thank you for your support and wish you future success in your business.

Yours sincerely




18. Example of Letter of Termination

<<date>>



RE: Notice of Termination of Educational Representative AgreementI am writing to you in relation to the educational representative agreement between <<your organisation>> and <<agent>>. The contract was effective between <<start date>> and <<end date>>.

It has come to our attention that <<agent>> has << insert reason>>. As you have failed to meet the obligations of the contract we hereby give you notice that under the conditions of the termination clause we are terminating the agreement effective from <<date>>.

As outlined in the contract you are required to:

• submit all applications and fees to <<your organisation>> up to the date of termination,

• cease to use any of our promotional material and return any that has not been used.

If you wish to discuss this decision further please contact <<name>> at <<organisation>>.

We thank you for your support and wish you future success in your business.

Yours sincerely,




4. Appendices

List of Acronyms

Acronym Full Name

AEI Australian Education International

AQTF Australian Quality Training Framework

COE ConfirmationofEnrolment

CRM Customer Relationship Management

DEEWR Department of Education, Employment and Workplace Relations

DIAC Department of Immigration and Citizenship

ELICOS English Language Intensive Course for Overseas Students

ESOS Education Services for Overseas Student Act

KPI Key Performance Indicator

LOE Letter of Offer

MARA Migration Agents Registration Authority

PIER Professional International Education Resources

QEAC Qualitative Education Agents Counsellors

QETI Queensland Education and Training International

RTO Registered Training Organisation

TQI TAFE Queensland International

VET Vocational Education and Training

TAFE Queensland international


Education House

30 Mary Street

Brisbane Qld 4000

PO Box 15033

City East Qld 4002

EmAil: [email protected]

WEB: http://training.qld.gov.au/international

Decemeber 2011



A Best Practice Guide for

Agent Management


Queensland Government Australia

DEPA

rTMEn

T of ED

ucATio

n, Tr

Ainin

G An

D Em

ploym

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agent management-best-practice-guide

Documents

reputable international courier

english language testing

bona fide student

national privacy principles

successful agentprovider relationships

information privacy principles

prior written consent

highest ethical standards