{"id":"F2020L00925","name":"Education Services for Overseas Students (ESOS Agency) Determination 2020","slug":"education-services-for-overseas-students-esos-agency-determination-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440550,"registerId":"F2020L00925-fast-fetch-1775956139553","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (ESOS Agency) Determination 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.png)\n\n \n\n \n\nEducation Services for Overseas Students (ESOS Agency) Determination 2020\n\nI, DAN TEHAN, Minister for Education, make the following determination.\n\nDated  9 July 2020\n\n \n\n \n\nDAN TEHAN\n\nMinister for Education\n\n\n\n\n \n\n \n\n \n\n  Contents\n\n1 Name of determination\n\n2 Commencement\n\n3 Application to persons\n\n4 Authority\n\n5 Definitions\n\n6 Determination of ESOS agency\n\n \n\n \n\n \n\n1 Name of determination\n\n  This determination is the Education Services for Overseas Students (ESOS Agency) Determination 2020.\n\n2 Commencement\n\n  This determination commences on 1 July 2016.\n\n3 Application to persons\n\n  This determination applies to a person consistently with section 12(2) of the Legislation Act 2003 with the result that, if:\n\n1.      a person’s rights as at the time this instrument is registered would be affected so as to disadvantage the person; or\n2.     liabilities would be imposed on a person in respect of anything done or omitted to be done before this instrument is registered,\n\n\n  then this instrument applies to the person as if the instrument had commenced on the day after it is registered.\n\n4 Authority\n\n  This determination is made under subsection 6C(2) of the Education Services for Overseas Students Act 2000.\n\n5 Definitions\n\n  In this determination:\n\n  Act means the Education Services for Overseas Students Act 2000.\n\n  Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003.\n\n  TEQSA has the same meaning as in the Act.\n\n6 Determination of ESOS agency\n\n  For item 5 of the table at subsection 6C(1) of the Act, if a provider or registered provider is a registered higher education provider that provides a course that does not lead to a qualification which is recognised within the Australian Qualifications Framework, the ESOS agency for the provider or registered provider is TEQSA.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination performs a narrow, technical function exactly as intended by the parent Act. It simply designates which agency regulates which subset of providers, without expanding beyond the ESOS framework's original purpose of protecting overseas students."},"complexity_factors":["Only 6 short sections, with minimal text","Just 3 defined terms, all referencing other legislation rather than creating new concepts","Single operative provision (section 6) with straightforward conditional logic","No nested exceptions or elaborate cross-referencing structures","Retrospectivity provision (section 3) is standard boilerplate protecting existing rights"],"plain_english_summary":"This instrument designates TEQSA as the ESOS Act regulator for higher education providers, so universities and similar institutions remain regulated by TEQSA even when they deliver short or non‑award courses to international students. \n\nIt affects universities and their overseas students by closing a regulatory gap, keeping oversight and complaint handling consistent and avoiding confusion about who is responsible for student protections."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination clarifies which body is the ESOS agency for a specified subset of registered higher education providers (those offering courses not leading to AQF-recognised qualifications) by naming TEQSA (s6). It does not expand the statutory class of providers subject to ESOS; it only allocates responsibility and applies with the Legislation Act’s provisions on retroactivity and timing (s3, s6)."},"complexity_factors":["Cross-reference dependency: the designation operates by reference to the Education Services for Overseas Students Act 2000 (subsection 6C(1) item 5 and subsection 6C(2)) which creates interpretive dependency on that Act (see s4, s6).","Definitions reference other statutes: the meaning of 'Australian Qualifications Framework' and 'TEQSA' is drawn from other Acts, increasing the need to consult external instruments for full effect (see s5).","Retroactivity/transition rule: the instrument adopts application rules consistent with the Legislation Act 2003 that can affect rights or impose liabilities for pre-registration conduct, creating timing and liability questions for providers (see s3).","Commencement dating: the instrument nominally commences 1 July 2016, which may interact with registration and enforcement timelines (see s2).","Operational impact on providers: affected registered higher education providers will face compliance and regulatory engagement with TEQSA for ESOS matters — shifting oversight costs and administrative burden onto those providers (see s6).","Narrow substantive change: the instrument is short and targeted (appointing an agency for a specific class of courses), so legal complexity mainly arises from interactions with existing regulatory frameworks rather than from many new rules (see s6)."],"plain_english_summary":"This determination designates the Tertiary Education Quality and Standards Agency (TEQSA) as the ESOS agency for registered higher-education providers that deliver courses which do not lead to an Australian Qualifications Framework (AQF) recognised qualification. It therefore places ESOS oversight and related compliance obligations for those providers with TEQSA, and applies in line with the Legislation Act’s rules on retrospective application."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-esos-agency-determination-2020","history":"/api/acts/education-services-for-overseas-students-esos-agency-determination-2020/history","analysis":"/api/acts/education-services-for-overseas-students-esos-agency-determination-2020/analysis","conflicts":"/api/acts/education-services-for-overseas-students-esos-agency-determination-2020/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-esos-agency-determination-2020/important-cases","documents":"/api/acts/education-services-for-overseas-students-esos-agency-determination-2020/documents"}}