Transcript Proposal for On-site Property Management Services

BEYOND
2010
International
Student
Accommodation
Industry Seminar
Perth
Important Announcements
• Housekeeping
– Mobile Phones
– Toilets
– 5 to 10 minute break near the middle
– Copy of Presentations will be available to all
– Copy of Notes from Seminars will be sent to all
– Questions/Discussions can be ongoing
Introductions
• David Bycroft: Australian Homestay Network (AHN)
• Damian Haber: “The Pad” Student Living
• Ella Balsamo: Australian Homestay Network (AHN)
• Local AHN Team
• ACPET
The Pad Student Living
Brisbane’s Largest Student Housing Property Management Company
IS GOING NATIONAL
• Affordable housing – including utilities, internet and furniture
• Diversity of housing choice
• Multiple locations
• Standardised professional management model tailored to the needs of students :
• meets minimum standards – Property Audit Inspection Checklist
• customer service focused – student liaison / quality assurance managers
• strict adherence to policies and procedures and on-going staff training
• regular feedback from students, education partners and clients
• Participant of various Government Taskforce Reviews
A DIVERSIFIED PROFESSIONAL SERVICES BUSINESS
4
Special Thank You
• ACPET
• PIER
• ENGLISH AUSTRALIA
• ISANA and
• all who promoted this event
AUSTRALIA WIDE SEMINARS
• Wednesday 28th July – Melbourne (2)
• Wednesday 4th August – Adelaide
• Thursday 5th August – Perth
• Thursday 12th August – Sydney (2)
• Wednesday 18th August – Brisbane
• Thursday 19th August – Gold Coast
Rules
• WE HAVE TO RUN TO TIME
• THE PACE WILL BE FAST
• WE HAVE A TOUGH CHAIRMAN
• THERE HAS TO BE DISCUSSION AND QUESTIONS
• HOPEFULLY WE CAN ALSO HAVE A GOOD TIME AND…
• WORK TOGETHER TO HELP BUILD INDUSTRY DIRECTION
AND SOLUTIONS FOR AUSTRALIA AND LOCALLY
David Bycroft
• Over 10 years experience in the International Education
Industry
• Key campaigner for compulsory Visa Length Overseas
Student Health Cover (OSHC)
• Founding Director of the Australian Homestay Network
(AHN)
• AHN has been a major contributor to the Senate Inquiry,
ESOS Review and various Local and State Government
taskforces and reviews
Today's Seminar Format
SESSION 1 International Education in Australia (for Dummies)
SESSION 2 How Does Student Accommodation Fit In
SESSION 3 Introducing the Student Accommodation Industry Association
and Trends and Implications for our Industry
BREAK
SESSION 4 The Significance of the Senate Inquiry
SESSION 5
Duty of Care
SESSION 6
‘Where to from here’ Discussion
QUESTIONS /COMMENTS
WORKING TOGETHER TOWARDS BEST PRACTICE
Definition of Seminar
“Formal presentation by one or more
experts in which the attendees are
encouraged to discuss the subject matter”
• This room is full of ‘experts’ and we have the aim to challenge
you, stimulate your mind and hopefully bring out the best
from the room…..(and eventually the nation)
• Notes from all meetings will be circulated to all
SESSION 1
International Education in
Australia (for Dummies)
Session One
WEAVING THROUGH THE MAZE
“Part of our challenge is to make the complex
look simple”
Introducing the Complex
1
2
3
4
5
6
• DIAC
• AEI and DEEWR
• ESOS
• NATIONAL CODE
• CRICOS
• PRISMS
1. DIAC
DIAC = Department of Immigration and Citizenship
Building Australia’s future through the well-managed
entry and settlement of people.
DIAC –relevant objectives
1. Contribute to Australia’s future through managed
migration
2. Make fair and reasonable decisions for people
entering and leaving Australia
3. Support migrants and refugees to settle in the
community and participate in Australian society
2. AEI
AEI = Australian Education International
• Australian Education International (AEI) is the
international arm of the Australian Government
Department of Education, Employment and
Workplace Relations (DEEWR)
• AEI leads strategic policy, regulation and
government-to-government engagement in the
international education sector
Australian Education International
(AEI)
“Australia has a reputation as a
• safe,
• progressive and
• dynamic place to study and
we maintain this reputation by providing
• quality education and
• consumer protection
specifically developed for overseas students.”
About AEI
“Quality assurance and consumer protection
• “We help safeguard the quality and reputation of
Australia’s courses, teachers and institutions
• We administer the world’s best practice in student
consumer protection”
3. ESOS
ESOS = Education Services for Overseas Students
ESOS and associated legislation is the legal
framework governing the responsibility of education
institutions towards overseas students.
EASY GUIDE TO ESOS
http://aei.gov.au/AEI/ESOS/EasyGuide_ESOS.htm
4. National Code
• The National Code is a set of nationally consistent
standards that governs the protection of
overseas students and delivery of courses
• All CRICOS-registered providers must comply with
the provisions of the National Code of Practice 2007
National Code Relevant Objectives
Protect the interests of overseas students by:
1. ensuring that appropriate consumer protection
mechanisms exist
2. ensuring that student welfare and support services
for overseas students meet nationally consistent
standards and
3. providing nationally consistent standards for
dealing with student complaints and appeals;
5. CRICOS
CRICOS = Commonwealth Register of Institutions
and Courses for Overseas Students
• CRICOS is a database of more than 1200 Australian
education Institutions
• Any education institution that recruits, enrols or
teaches overseas students, must be registered on
CRICOS
• Education institutions must also register each
course they offer to overseas students
How to get on CRICOS?
• To get registered an education institution must
firstly satisfy state and territory government
laws
• However the Australian Government retains
the final power to register a provider on CRICOS
and must be satisfied they comply with the ESOS
legislation
6. PRISMS
PRISMS = Provider Registration and International
Students Management System
• PRISMS is a secure computer system that is the
information source for CRICOS
• Education institutions and their courses are listed
on PRISMS, as is each student studying in Australia
on a student visa
• That is because this system interfaces with the
DIAC data
So In Simple Terms
1.
• A Gate Keeper
• DIAC
2.
• Law Makers
• AEI – Part of DEEWR
3.
• The Law
• ESOS
4.
• The Standards and Rulebook
• National Code
• Member Data Base
5.
6.
• CRICOS
• Filing Cabinet and Reporting System
• PRISMS
Or………..
for those who understand the
AFL
In Football Terms
1.
• Minister of Sport
Gate Keeper
(DIAC)
• The AFL
Law Makers
(AEI – Part of DEEWR)
2.
• Rule Book
The Law
(ESOS)
3.
• AFL Tribunal
4.
Standards and Rule Book
(NATIONAL CODE)
• Club and Player Register
5.
6.
7.
Member Data Base
(CRICOS)
• Points Table/Stats Filing Cabinet and Reporting
(PRISMS)
• Players
INTERNATIONAL STUDENTS AND US
DEEWR-AEI
ESOS Act / National Code
DIAC and
Migration Act
Education Providers
on CRICOS
State Legislations
Student Visa Holders
The flow of legislative and compliance impacts
on education providers and students
Relevant sites
• www.deewr.gov.au
• www.aei.dest.gov.au/ESOS/
• www.immi.gov.au
QUESTIONS /COMMENTS/
DISCUSSION
SESSION 2
How Does Student
Accommodation Fit In
The Explanatory Guide
The Explanatory Guide mirrors the structure of the
National Code of Practice 2007 with a focus on Part D.
Overseas students differ from domestic students in
that they are subject to migration controls and
face different needs for consumer protection
It starts with the NATIONAL CODE
(Standards and Rulebook)
Standard 1 – Marketing Information and Practices
Registered providers ensure that marketing of their
education and training services is:
1. professional
2. accurate and
3. maintains the integrity and reputation of the industry
Standard 2 - Student Engagement Before
Enrolment
What’s new:
STANDARD 2.1
• Prior to accepting a student, or an intending student, for
enrolment in a course, the registered provider must provide,
current and accurate information regarding the following:
• a description of the ESOS framework made available
electronically by DEEWR
• relevant information on living in Australia, including:
– indicative costs of living and
– accommodation options
Standard 1
Marketing Information and Practices
Standard 2
Student Engagement Before Enrolment
Comment
or
Discussion
Standard 5 – Under 18 year students
DIRECT FROM ESOS
Please note: The principles in the examples
below can be applied to all sectors.
Standard 5 – Under 18 year students
Welfare and Accommodation
Q What would be considered appropriate accommodation
for under age students?
A There are no specific guidelines.
A provider should use their judgement when approving
welfare arrangements.
They must have documented procedures for monitoring those
arrangements.
Accredited home stay organisations have guidelines for
contracts between carers and students.
GUARDIANSHIP for Under 18’s
Q Does the provider need to ensure that the
student has a legal guardian in Australia?
A There is no requirement under the National Code
2007, the ESOS legislation or DIAC to have a legal
guardian.
GUARDIANSHIP
• International students studying in Australia on a
student visa may require a guardian if they are
under 18 years of age
• There may also be exceptional circumstances
where a student over 18 years of age may need a
guardian for religious or cultural reasons
THE KEY IS THE CAAW
or
THE CAAW IS THE KEY
CAAW IS THE KEY
• CAAW = Confirmation of Appropriate
Accommodation and Welfare
• It is the DIAC proforma letter downloadable
through PRISMS
• Providers use it to create a CoE (Confirmation of
Enrolment) for a student aged under 18
• Once the CAAW is created, providers have the
option to change or advise DIAC if they do not
approve care arrangements
CAAW = Confirmation of Appropriate
Accommodation and Welfare
• If the provider signs the CAAW letter they place a
student into, or approve of, arrangements they
consider suitable, taking into account the provisos
already listed
• The provider has a duty of care to contact DIAC if
they became aware the student was not being well
looked after
• Further information on DIAC requirements is at
http://www.immi.gov.au/students
ABSENT Under 18 Student
Q Is the homestay provider or education provider
responsible for a student who is absent from the
homestay without notice?
A Once an education provider has nominated dates for which
it will approve care arrangements for an under-18 year old
student, the responsibility to approve arrangements
continues throughout that period.
UNDER 18 REFERENCES
• See
http://aei.dest.gov.au/AEI/ESOS/NationalCo
deExplanatoryGuide/PartD/Standard_5.htm
• And
http://www.immi.gov.au/students/_pdf/Cha
nges-to-migration-regulations-studentsunder-18.pdf
Standard 5 - Under 18 Students
Comment
or
Discussion
STUDENTS AGED OVER 18
Q What duty of care does a provider have for
students over 18?
A Normal duty of care arrangements apply for
students over 18.
• This will partly depend on your institution and you
may need to research this issue
• If there is a particular case you may need to seek your
own legal advice
Compliance Tips
(Recommended for all ages)
• To demonstrate compliance, a provider may
need some of the following as evidence:
– Documented procedures that outline:
• the process involving the recommendation,
assessment and approval of accommodation and
welfare arrangements.
• This should include a process for review and, if
necessary, the termination of the arrangement;
Compliance tips
(Recommended for all ages)
• Documented procedures for checking the
suitability of the potential accommodation and
welfare arrangements
• This should include a policy for ongoing reviews
to ensure continued compliance with the
provider’s requirements
Standard 6 - Student Support Services
This standard ensures that appropriate support
services are available to international students to ease
the transition into life and study in Australia and to
assist them as needed.
Standard 6 - Key Requirements
Critical Incident Policy
• Providers must have a documented critical
incident policy together with procedures that
cover the action to be taken in the event of:
– a critical incident,
– the required follow-up to the incident,
– the recording of the incident and
– the action taken
Critical Incident
The Explanatory Guide for Standard 6.4 states: “The National
Code defines critical incident as ‘a traumatic event, or the
threat of such (within or outside Australia), which causes
extreme stress, fear or injury’’.
Critical incidents are not limited to, but could include:
– missing students
– severe verbal or psychological aggression
– death, serious injury or any threat of these
– natural disaster
issues such as domestic violence, sexual assault, drug or
alcohol abuse.
Standard 6 - Key Requirements
ORIENTATION AND SUPPORT SERVICES
• Providers must ensure that orientation for all
international students is appropriate and thorough
• Welfare related support services must be available to
students to assist with issues such as
accommodation, course progress and attendance
requirements
• Students must be made aware of the existence of the
welfare-related support services and how to access
them
Standard 6 - Student Support Services
For a provider to show it is complying with Standard 6,
it may need some of the following as evidence:
• evidence that student support services are not limited to
academic issues
• evidence of information accessible to students directing
them to any available support services
• a documented critical incident policy and procedures,
and evidence that staff members have an understanding
of the critical incident policy
• evidence that the information provided during the
orientation programme is appropriate and thorough
ISANA (International Education Association)
ISANA (International Education Association) produced an online
tutorial covering Part D of the National Code 2007.
Go to:
http://www.isana.org.au/national-code-online-tutorial.html.
ISANA is working closely with the Australian Homestay Network.
It aims to provide a nationally compliant homestay management
system together with professional development and support for
providers of homestays.
ISANA Working Party
1. No central authority to which we can refer
homestay problems
2. Need for an ombudsman for international
students in each state
3. Need for National rules / guidelines
4. Inability to common list unsuitable hosts
5. Definitions need clarification (rooming etc.)
6. Problems which arise when students organise
their own homestay though an individual who
has advertised online
General
Comment
or
Discussion
Think Before
A STUDENT SAFETY INITIATIVE
• Think Before is available through a website
www.thinkbefore.com
• This is a new digital approach which helps warn
students to be aware of their surroundings
• An initiative of
– the Victoria Police,
– ISANA and
– the Australia Network
ORIENTATION and SAFETY PROJECT
STUDENT WELCOME SERVICES:
• Online safety courses with Assessment
• Students log in and complete each course
and exam prior to entry
• Institutions access results
• Students continue to have access post
arrival
Online Orientation Program Topics
Non Compulsory Tested Topics
•
•
•
•
•
•
•
•
•
•
•
Before You Come to Australia (Pre Arrival Information)
Overseas Student Health Cover (OSHC)
Managing My Finances
Life in Australia (Social and Cultural)
Critical Incident Plan
Complaints and Appeals Processes
Public Transport
General Fitness (Activities and Exercise)
Health and Emergency Services
Sun Safety, Bush and Outback Safety
Under 18 International Students
Online Orientation Program Topics
Compulsory Tested Topics
•
•
•
•
•
•
•
•
•
Personal Safety
Home Fire Safety
Water Safety
Road Rules and Road Safety
Consumer Safety
Social and Community Networks
Stress and Relaxation
Finding Safe Accommodation
Working in Australia
Fire Safety: Induction
Fire Safety: Assessment
Widescreen Presentation
Tips and tools for creating and
presenting wide format slides
General
Comment
or
Discussion
SESSION 3
Introducing the Student
Accommodation Industry
Association (SAIA)
Introducing Damian Haber
• The founder of “The Pad” Student Living
• Over15 years experience working as an Advisor in
Property to both Corporate and Government
• Has practiced as a senior property and tax lawyer in
both Melbourne and Brisbane (Freehills Lawyers) as
well as head of Property Advisory for PwC
• Damian brings a strong legal and financial background
to the student accommodation industry
• Adopts a professional approach with Government and
legislative requirements in Accommodation
• Damian is also the Chairman of the Student
Accommodation Industry Association (SAIA)
Disclaimer
The information contained in this Paper is intended as a guide
only and does not constitute advice nor should it be relied upon
as constituting advice by SAIA, The Pad Management Pty Ltd or
its representatives.
It is highly recommended that you obtain your own independent
legal and financial advice in relation to the matters raised in this
Paper as well as other considerations that may impact on your
decision making.
2
Introduction – A Changing Market
The student accommodation industry has grown in significance
on account of:
• Strong demand for housing and tightening rental market population growth
• Unprecedented growth in the International Education
sector
• Concerns with existing regulatory environment
• Greater awareness among property investors and
developers as a growth market
• Greater need to balance the needs of the industry against
the needs of the community
3
Student Accommodation Industry
Association (SAIA)
The major areas of focus are:
• Greater education and raising awareness of its members
• Planning strategy, development and building controls,
regulatory framework - to foster a stronger working
relationship with Government and industry regulators on
matters affecting the student accommodation industry that
promotes greater certainty to members; and
• Operational management – a deeper understanding of
various operational issues and implications affecting members
• Representative Body – provide the industry at all levels with a
representative body which centralises resources for the benefit
of its members
3
Student Accommodation
Industry Association (SAIA)
The Association's activities include:
• public policy advocacy – Government liaison
• provision of relevant industry information; and
• networking opportunities for members
3
Student Accommodation
Industry Association (SAIA)
The Association's vision is:
• to establish a sound environment to effectively
support, monitor and maintain high standards of
safety and amenity for both the students as well as
the broader community: and
• to ensure student's have a positive experience
while studying and living in Australia
3
TAKE A BREATH
AND A NETWORKING
CAFFEINE BREAK
Market Snapshot
General Economic Factors
Demand Factors
Supply Factors
Growth & Sentiment
Interest Rates
Population Growth
Finance
Dwelling Approvals
DRIVES
Sales & Rental Pricing & Market Take-Up
3
Enrolment Numbers Growth
International Student Numbers 2002 - 2009 (Australia)
Enrolments Growth:
Victoria: 19%
NSW:
11.4%
Qld:
22.6%
WA:
20.1%
SA:
20.7%
Australia: 16.8%
Market Share:
Victoria: 30%
NSW:
37%
Qld:
16%
WA:
7%
SA:
5%
17
Contribution to Export Income
17
3rd largest export behind iron ore & coal –
Why is Government proposing to sanction
an industry that is a productivity earner ?
18
Major demand source nations
projecting GDP Growth
18
Source: Study in Australia Paper
Duration of stay and PR correlation
18
Attrition rates – Domestic v
International
19
Room Pricing Analysis - Students
11%
$100-$145 p/w
6% 1%
$150-$175 p/w
27%
9%
$180-$200 p/w
$200-$225 p/w
$230-$245 p/w
15%
$250-$270 p/w
29%
$275-$300 p/w
$300p/w+
Note: This information is indicative only and subject to further detailed analysis
20
Affordable Housing Strategy Report 2008 –
Town of Vincent and Implications for Student Market
Objective:
• Research paper on affordable housing concerns – planning policy and
market implications
Key Issue:
• Lack of knowledge in planning departments – 60% of housing 1-2 persons
• Lack of clear policy and inconsistencies in regulation being unsupportive –
granny flat example
Purpose:
• To formulate a policy to provide for a greater diversity of housing choice
and greater affordability
Findings:
• Reform on population density v housing density -utilisation of existing
housing
Question:
• When?
• Status?
Other initiatives
City of Canning – Local Planning Policy
• Plan amended to exclude lodging and boarding houses
because of complaints re amenity issues due to student
overcrowding issues
Stakeholder Engagement Workshop 2009
• Develop a Curtin student housing model – management plan
that addresses community and industry outcomes
WHAT DOES THE INDUSTRY NEED?
1. A regulatory environment that manages the needs of
Community with the needs of the Industry – consistent
approach Nationally
2. Clear performance criteria to expedite assessment and
approvals process
3. Students need greater protection and certainty i.e. Is the
Accommodation Code Compliant?
4. Industry needs a holistic service offering that is sustainable
SO THAT THERE IS A HIGHER DEGREE OF INTEGRATION
BETWEEN UNIVERSITIES / INSTITUTIONS AND
ACCOMMODATION PROVIDERS
4
WHAT DOES THE INDUSTRY NEED?
5. Housing supply that is:
• adequate i.e. timely to meet demand
• affordable (better value for money)
• meets minimum standards (safety & amenity)
• offers a diversity of housing type with greater degree
of interaction
• close proximity to institution and/or public
transport - greater utilisation of existing adopting
effective controls
• professionally managed (Operational Management
Plan)
OBJECTIVE: AN INDUSTRY CODE OF PRACTICE
FOR ACCOMMODATION IS REQUIRED
4
SOME KEY OUTCOMES ALREADY?
1. Tenancy legislation that specifically recognises Rooming
Accommodation
2. Tailored Insurance Protection established that recognises
student accommodation
3. Larger banks now revising credit policy more favourably
4. Proposal for a prescribed Rooming Accommodation
planning code
4
Where are we now?
Government is seeking leadership and direction from the
Industry to respond to current issues facing the industry in a
consultative and supportive process.
Issue:
• Who goes first?
• How?
• An interim approach that provides the Government with
direction is necessary
4
Benefits
• Service providers – certainty
• Training providers – a holistic service offering for
industry
• Students – greater support and protection
• Authorities – greater enforcement & compliance
HOW DO WE DO THIS?
1. Pre-letting inspection of properties to assess against
minimum industry standards – AUDIT CHECKLIST:
• Compliance with applicable building and planning laws
that address safety, amenity and good neighbourhood
principle
• Operational Management Plan to address things such
as: periodic cleaning, tenant behaviour, privacy,
security, tenancy laws, overcrowding, safety
certificates, furnishings and fittings, minimum floor
spaces and ancillary spaces for common facilities, ratios
of sanitary and kitchen facilities to persons, food
storage, security, heating, dispute resolution etc
2. Potential Register of student housing facilities
General
Comment
or
Discussion
SESSION 4
The Significance of the
Senate Inquiry
The Significance of the Senate –
Safety
• 3.15 The committee believes that it is important for
Australia to protect and strengthen its reputation as
a safe destination for international students
The Significance of the Senate –
Safety
• 3.16 The committee is concerned at the evidence
surrounding
– the lack of personal safety awareness by some
international students and
– the reluctance to report safety incidents to the police
The Significance of the Senate –
Safety
Recommendation 1
• 3.17 The committee recommends that international
students be provided with personal safety
information including reporting requirements, prior
to coming to Australia
• This should be reinforced at the orientation session
provided by the relevant provider
The Significance of the Senate –
Safety
• 3.18 The committee notes that safety is a broad
issue and incorporates factors such as fire and
beach safety
• The committee was told that there are initiatives
and partnerships underway to provide this
information to international students
The Significance of the Senate –
Accommodation
Committee View
• 3.60 The committee believes that international students
should be provided with more detailed information
regarding their accommodation options prior to arriving in
Australia
• Without adequate knowledge of the rental market and
housing options available, international students are likely
to continue to experience difficulties
• 3.61 Although international students face particular
difficulties in finding accommodation, the committee notes
the issue of housing shortages is a problem that affects
domestic students as well
The Significance of the Senate –
Accommodation
• 3.62 The committee understands that accommodation
information is available on the Study in Australia website,
but believes that:
• information relating to tenancy rights and links to state and
territory tenancy unions, should be provided as well so that
students are aware of where to turn for advice and with
complaints
The Significance of the Senate –
Accommodation
3.63 Regarding providers, the committee understands the
varying capacity of providers to offer accommodation for
students
• As a minimum standard, the committee believes that every
provider should provide a link on their webpage to
information on housing options, tenancy rights and
obligations and where to go for assistance
• This could be supplemented by more local information as
resources permit
The Significance of the Senate –
Accommodation
Recommendation
• The committee recommends that education and training
providers should be required to provide up to date
information on their website regarding accommodation in
Australia, including information regarding tenancy rights
and responsibilities
• This may be via a link to the Study in Australia website,
however, it may also include more localised information
The Significance of the Senate –
Homestay
Committee View
3.71 The committee accepts the evidence that homestay
accommodation is beneficial to international students, the
host family as well as the community at large
• The committee supports calls for more homestay
arrangements for international students as part of the
solution to accommodation shortages, although the
Committee recognises the need to ensure minimum
standards are met
The Significance of the Senate –
Homestay
Committee View
3.71 The committee commends the Australian Homestay
Network (AHN) for ensuring that it meets the appropriate
standards
• The introduction of mandated industry standards should
involve appropriate industry consultation and a careful
assessment of the costs and benefits.
Standards submitted to the Senate
• An online compliant and accessible/fully trackable/auditable
system
• An acceptable industry Advisory Board overseeing the integrity
of systems and processes
• Professional 24/7 phone support including emergency and
critical incident management
• Appropriate insurances for students and supplementary
insurance for hosts
• Part of a National Homestay Network committed to continuous
improvement
General
Comment
or
Discussion
SESSION 5
Duty of Care
Some relevant history re OSHC……
IN THE YEAR 2000
– Uninsured students were a huge problem (40% of students uninsured)
– Many students were confused re their health insurance cover
– There was initial industry resistance to Visa Length Cover (VLC) and
Program Length Cover (PLC)
– Medical claims were eventually made to Institutions for medical
expenses incurred by their students who had no insurance
– From 2003 to 2010 - the majority of the industry self regulated and
moved to Program Length Cover (PLC) voluntarily
– On 1st July 2010 VLC finally became legislated after over 8 years of
campaigning and industry self regulation
CHANGE IS POSSIBLE!!!!
Welfare and Accommodation
Q What duty of care does a provider have for
students over 18?
A Normal duty of care arrangements apply for
students over 18. This will partly depend on your
institution and you may need to research this issue. If
there is a particular case you may need to seek your
own legal advice.
Duty of Care Reference
Legal Services, Victorian Government
Department of Human Services, Melbourne, Victoria.
http://www.chp.org.au/homepages_accr/items/174538-upload-00001.pdf
Duty of Care – An Industry Definition Example
• The requirement to take reasonable care of an
international student, and
• to avoid acts or omissions from industry
representatives, which
• could reasonably be foreseen as likely to harm or
injure the student
Duty of Care
• A duty of care is breached if a person behaves
unreasonably
• Failure to act can also be unreasonable in a particular
situation
• A duty of care can be breached either by action or
inaction
• The reasonableness of what a person has done, or not
done, is assessed by considering how a hypothetical
reasonable person would have behaved in the same
situation
Duty of Care
• If the person’s job requires special skills or training,
the hypothetical person will be assumed to have the
same skills or training
•
•
•
•
•
Manager assessed at management level
Advisor assessed at advisor level
Marketer assessed at marketer level
Etc.
It all comes down to what are the reasonable actions
for a person at their position’s level
Duty of Care
• Judging how reasonable a person’s behaviour has
been depends in part on the type of relationship
between the institution representative and the
international student
• The closer the relationship between the Institution
and the international student, or the more dependent
the student is on the Institution for their welfare
• the more the Institution will be required to do to
ensure the person is not harmed or injured by its
actions
Duty of Care
• What is considered reasonable will depend on all the
circumstances
• What is reasonable in one situation will not
necessarily be reasonable in another
• An important element in determining reasonable
behaviour is the knowledge of the situation
• Every case is different
Duty of Care
• The Institution may have information or knowledge
about particular international students or situations
• If that knowledge is available to the Institution it must
be taken into account in considering what action to
take
• It is no defence to say the particular institution
representative/employee was unaware of the available
information (e.g. Legislation, Industry Groups, Senate
Inquiries, Reviews, etc.)
Duty of Care
Injury/Harm
• For negligence to occur there must have been some
harm caused
• The types of harm recognised by the courts include:
– physical injury
– nervous or emotional shock
– financial loss
Duty of Care
• The harm must be caused by the unreasonable
actions of the Institution/representative/employee
for the Institution to be liable for negligence
• An important element in determining reasonable
behaviour is the knowledge of the situation
Duty of Care – What is Reasonable
This list of factors must be used by Institution representatives/ staff to
ensure reasonable decisions are made by the Institution. No single factor
can be relied upon by itself to justify acting in one way rather than
another:
• The risks of harm and the likelihood of the risks occurring
• The sorts of injuries that may occur, and how serious they are
• Precautions which could be taken
• The powers which Institution employees have
• The usefulness of the particular activity which involves risks
• Any statutory requirements or specific directions from the Institution
• Current professional (industry) standards about the issue
All factors will need to be considered together
to determine what is reasonable.
Duty of Care – What is Reasonable
• The fact that a client gives their consent or expresses a wish to
do a particular thing does not justify the Institution or an
agency acting unreasonably to help the client perform that
activity
• The Institution must act reasonably in the way it uses its
powers and the consent of a client does not alter this.
Duty of Care – Precautions
• The availability of precautions must be considered
• If the risks of harm from an activity can be reduced or
eliminated by taking relatively simple precautions, then
• it will not be reasonable to proceed without taking those
precautions
• Representatives/employees must use their professional
judgement to assess whether there are precautions which
could be taken in any particular situation
Duty of Care – Precautions
If, for example, the Institution was aware that a complaint had
been lodged about some aspect of an accommodation service
provider
• which caused harm to a student and
• a second student was injured and
• the Institution had taken no action on the initial complaint
• the Institution is likely to be found negligent
Duty of Care – Guideline
• There is no neat, convenient solution to all the issues raised by
the Institution’s duty of care to its students and others
• The simplest guide is that as long as representatives/
employees behave reasonably, the Institution will not be found
to have acted negligently
• Similarly, as long as the Institution has appropriate systems in
place to assure itself that agencies also act reasonably in work
with students, the Institution will not be found to have acted
negligently
Duty of Care – Delegating Activities or
Duties
• Often the law says a duty cannot be delegated. As such it will
stay with the original person or body
• This is true even though the original person tries to delegate it
to someone else
• This will not prevent the getting someone else to perform the
duty (for example, by contracting out the work), but if
something goes wrong the responsibility original person will
stay with the original person or body
Duty of Care – Three Important Factors
1. Staff training and Professional Development
a. Legislation
b. Industry standards
c. Experience hand over
2. Standards
a. Adoption of the right standards
b. Adherence to the right standards
3. Documentation
a. Policies
b. Procedures
c. Processes
General
Comment
or
Discussion
SESSION 6
Where to from here?
OPEN DISCUSSIONS
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ACCOMMODATION WEB SITES
ACCOMMODATION REFERRALS
ON CAMPUS NOTICEBOARDS
HOMESTAY STANDARDS
“WELCOME TO AUSTRALIA” HOMESTAY
STUDENT ACCOMMODATION INDUSTRY ASSN
HOUSE INSPECTIONS
PRE DEPARTURE ORIENTATION
OTHER?
THANK YOU
BEYOND
2010
International
Student
Accommodation
Industry Seminar
Perth