Filip's story

Filip made a complaint to our office about Ahpra’s assessment that he was required to sit an English language test to meet the requirements of the English Language Skills Registration Standard (the ELS Standard). Filip said that he was a native English speaker and does not speak another language. Filip explained that Ahpra had assessed that he did not meet any of the other pathways in the ELS Standard because he had completed his secondary education in a non-recognised country. Filip told us that he sat an English language test but was advised by Ahpra that the ‘at home’ version of the test that he had sat was not accepted by the Board.

Our office commenced an investigation into Filip’s complaint.

What we found

Our office found that Filip’s application for registration was assessed in line with the ELS Standard.

We did, however, identify a number of deficiencies in Ahpra’s handling of the matter. We found that Ahpra’s communication with Filip (and other applicants generally) about the types of tests that are accepted by the Boards was not sufficient. This is primarily because relevant information was on a COVID-19 frequently asked questions page of Ahpra’s website that many applicants would not have thought to access. Our investigation also concluded that it would have been better if Ahpra and the Board had responded more quickly to form a temporary position on remote proctored English language tests.

Complaint outcome

Our office provided feedback to Ahpra about our investigation findings. We strongly encouraged Ahpra and the Board to consider Filip’s complaint as part of its review of the ELS Standard. Our view was that Filip’s situation is a clear example of circumstances where Ahpra and the Board would benefit from having discretion to grant an exemption from meeting the ELS Standard’s requirements. This was because Filip only spoke English. While he undertook his secondary education in a non-recognised country, he had completed the International Baccalaureate (IB) in English.

In addition, we suggested that Ahpra should conduct its own independent research on the IB program to determine if completing an IB in English should be accepted as evidence of meeting the requirements of the ELS Standard, even if undertaken in a non-recognised country.

We also provided feedback that Ahpra should ensure important information about the ELS Standard is clearly communicated to applicants across all relevant communication channels. We reiterated that it would have been better if Ahpra and the Boards responded more quickly to the changing circumstances surrounding English language tests during the COVID-19 pandemic. Further, we suggested that Ahpra should ensure the ELS Standard is updated to clarify the Boards’ position on remote-proctored English tests.

Our office continues to closely monitor Ahpra’s overall performance regarding its assessment of registration applications, and any changes that may come following the review of the ELS Standard.