This information directly affects:
We are proposing to combine the two schemes to form a single scheme for international learners and domestic tertiary students. This follows the recent introduction of the Domestic Tertiary Student Contract Resolution Scheme (the domestic scheme).
We are proposing to combine the domestic scheme with the International Student Contract Dispute Resolution Scheme (the international scheme) to create one scheme for tertiary and international students (the combined scheme).
Combining the domestic and international schemes will simplify the complaints system, make it more accessible and easier to navigate for learners, and reduce compliance duplication for providers. It will also ensure all learners and providers have access to a scheme that is up to date with best practice, puts people at the centre, and embeds Te Tiriti o Waitangi.
The Education and Training Act 2020 (the Act) establishes a dispute resolution scheme to resolve disputes between domestic tertiary learners and international learners and their education providers.
The international and domestic schemes hear disputes relating to financial and contractual matters and claims for redress linked to breaches of the The Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 (the Code).
There are currently two external dispute resolution schemes that help learners and providers resolve disputes if they have been unable to resolve them through the provider’s internal complaints processes:
We are proposing to combine the two schemes to form a single scheme for international learners and domestic tertiary students. This follows the recent introduction of the Domestic Tertiary Student Contract Resolution Scheme (the domestic scheme).
All learners who can currently use the existing schemes will be able to access the proposed combined scheme (international students and domestic tertiary students).
The combined scheme will have the same scope as the existing international and domestic schemes: financial and contractual matters and claims for redress linked to breaches of the Code.
The rules of the combined scheme will be closely based on those recently established in the domestic scheme. There is limited difference between the domestic scheme rules and the international scheme rules. The domestic scheme rules are more up to date, reflecting current best practice, embedding Te Tiriti o Waitangi, and expanding supports in the scheme for learners (including interpretation, translation, or language services). The domestic scheme was also designed to ensure disputes are dealt with in a way that considers the specific cultural needs or circumstances of parties in the dispute resolution process.
There are minimal changes proposed for the rules for the combined scheme.
We are proposing some differences between the existing schemes and the new scheme to improve its performance. Most of these are minor technical changes but some may have an impact on the experience of people using the scheme. We are interested in your thoughts on these.
We are proposing:
We know that the international and domestic schemes are effectively helping to resolve disputes between learners and providers.
Not all learners are aware of the international and domestic schemes and having two different schemes can make it more difficult to get the right information.
We have heard that it can be difficult for learners to navigate the complaints system and work out what applies to their circumstances. A combined scheme will be more accessible for all learners and easier to navigate.
We know that there is a good standard of compliance from providers with the international and domestic schemes. We have heard that having separate schemes can be confusing for providers when understanding their obligations to learner wellbeing and safety. Having a combined scheme will reduce complexity and avoid unnecessary duplication of compliance requirements.
International learners have distinct and diverse needs. But it is also important that requirements for them are not set at a lower level than those for domestic learners. The combined scheme would keep the strengths of the existing schemes, but ensure the same high standard, flexible, and up-to-date scheme is available to all learners. It will allow providers to build on the work they are doing to comply with the schemes and simplify compliance requirements so that improving outcomes for learners can remain the key focus.
We are intending to have the proposed combined scheme in place for 1 January 2024. At the time of transition, there may be cases still in progress with the international and domestic schemes. We want to ensure that disruption is minimal for those affected.
We are proposing a transition period, where the international and domestic schemes will continue operating for a limited period after the combined scheme is in place. Their function will be limited to resolving existing cases. At the same time, new claims will be able to be submitted to the combined scheme. This will mean people who have already started the dispute resolution process will not have to change to a new scheme midway through the resolution process or start the process again which can be costly and frustrating.
The combined scheme will be operated by a single operator, according to the scheme rules. The scheme operator is appointed by the Minister (as enabled by section 536 (4) of the Act).
We want to make sure the combined scheme reflects the needs of its users – domestic tertiary students, international students, and education providers. Having a wide range of voices is important to inform the decision-making process. It will help us to identify the arrangements that will best support complaints and dispute resolution to make a stronger system.
There are a range of ways you can have your say on the ideas raised in this consultation, including:
Download the discussion document [DOCX, 29KB]
Consultation closes on 19 December 2022.
Please let us know if you have any feedback on this proposal.
If you have questions, you can get in touch with the team at the Ministry of Education at drs@education.govt.nz.