Reminder about education providers’ responsibilities when using education agents

The responsibilities for Code signatories are covered in detail in Section 38 (for tertiary education providers) and Section 58 (for school education providers). Section 38 reads as follows: 

38. Process 2: Managing and monitoring education agents

Signatories must have practices for effectively managing and monitoring the performance and conduct of education agents in relation to learner safety and wellbeing under this code, including –  

(a) carrying out and recording reference checks on potential education agents to ensure as far as possible that they are not involved in any conduct that is false, misleading, deceptive, or in breach of the law; and  

(b) entering into written contracts with each of its education agents; and 

(c) during the term of a contract, monitoring the activities and performance of its education agents in relation to – 

(i) their obligations as specified in the contract; and  

(ii) whether they provide prospective and enrolled international tertiary learners with reliable information and advice about studying, working, and living in New Zealand; and  

(iii) whether they act with integrity and professionalism in their dealings with prospective and enrolled international tertiary learners; and  

(iv) whether they have engaged in any activity or conduct that, in the opinion of the signatory, is or may be in breach of the law or that jeopardises the signatory’s compliance with this code; and  

(d) managing the education agents by –  

(i) terminating contracts with an agent if there is evidence which, on balance of probabilities, shows that the education agent –  

a. has been involved in any serious, deliberate, or ongoing conduct that is false, misleading, deceptive, or in breach of the law; or 

b. has jeopardised the signatory’s compliance with this code; or 

(ii) taking appropriate action to address misconduct by act or an omission by an education agent in relation to the other matters described in subclause (c); and  

(e) ensuring that its education agents have access to, and maintain, up-to-date information relevant to their duties as specified in the contracts with the signatory. 

The full Code is available on the NZQA website here.