{"id":"F2021L00877","name":"Education Services for Overseas Students (Exempt Courses) Instrument 2021","slug":"education-services-for-overseas-students-exempt-courses-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440907,"registerId":"F2021L00877-fast-fetch-1775956364185","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (Exempt Courses) Instrument 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEducation Services for Overseas Students (Exempt Courses) Instrument 2021\n\nI, Alan Tudge, Minister for Education and Youth, make the following instrument.\n\nDated 25 June 2021   \n\nAlan Tudge\n\nMinister for Education and Youth\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Exempt courses\n\nSchedule 1 — VET courses\n\nSchedule 2 — Higher education\n\n \n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (Exempt Courses) Instrument 2021.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of the instrument On the day after the instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 5AA of the Education Services for Overseas Students Act 2000.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:\n\n(a) ELICOS;\n\n(b)  registered higher education provider.\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students Act 2000.\n\nAustralian Qualifications Framework means the framework of that name as defined in Schedule 1 of the Higher Education Support Act 2003 and as in force on the day this instrument is made. \n\nNote: The Australian Qualifications Framework is available online at <https://www.aqf.edu.au/> and is defined in the Higher Education Support Act 2003 as the framework for recognition and endorsement of qualifications:\n\n(a)     that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and\n\n(b)  that is to give effect to agreed standards in relation to the provision of education in Australia.\n\n \n\nProfessional outcomes and placement course means a course for which the requirements include practical work placements and professional skills study aimed at enabling work in a certain occupation or profession.\n\nStudy abroad or student exchange means a course provided under an arrangement where a student of an overseas institution undertakes study at an Australian higher education provider, where the study at the Australian higher education provider contributes to the requirements of a course of study being undertaken by the student with the overseas institution.\n\nTertiary coursework and research preparatory course means a short course which a student must pass as a condition of admission to a main course of study.\n\nVET course has the same meaning as in the National Vocational Education and Training Regulator Act 2011.\n\n5  Exempt courses\n\n  For the purposes of subsection 5AA(3) of the Act, the following courses of education or training are determined to not be a course for the purposes of the definition of course under subsection 5AA(1) of the Act:\n\n (a)  VET courses where the requirements of the course only consist of one or a combination of any of the units of competency specified in Part 1 of Schedule 1 to this instrument and where the course does not lead to a qualification recognised under the Australian Qualifications Framework;\n\n (b) VET courses specified in Part 2 of Schedule 1 to this instrument; or\n\n (c) courses offered by a registered higher education provider specified in Schedule 2 to this instrument.\n\n \n\nNote:  To avoid doubt, for the purposes of paragraph 5(a), where the requirements of the course consist of a combination of more than one unit of competency specified in Part 1 of Schedule 1, no other units of competency that are not specified in Part 1 of Schedule 1 can form part of the requirements for the course.\n\n\n\n\n \n\n \n\nSchedule 1 — VET courses\n\nPart 1 – Units of competency\n\n  The following units of competency, and any unit identified in the National Register referred to in section 216 of the National Vocational and Training Regulator Act 2011 as a later version of, or a superseding unit of the following units, are specified:\n\n \n\n| Item | Unit code | Unit of competency |\n| --- | --- | --- |\n| 1 | AHCCHM304 | Transport and store chemicals |\n| 2 | AHCCHM307 | Prepare and apply chemicals to control pest, weeds and diseases |\n| 3 | HLTAID009 | Provide cardiopulmonary resuscitation |\n| 4 | HLTAID010 | Provide basic emergency life support |\n| 5 | HLTAID011 | Provide First Aid |\n| 6 | HLTAID012 | Provide First Aid in an education and care setting |\n| 7 | HLTAID013 | Provide First Aid in remote or isolated site |\n| 8 | HLTAID014 | Provide Advanced First Aid |\n| 9 | HLTAID015 | Provide advanced resuscitation and oxygen therapy |\n| 10 | HLTAID016 | Manage first aid services and resources |\n| 11 | HLTINFCOV001 | Comply with infection prevention and control policies and procedures |\n| 12 | HLTINF001 | Comply with infection prevention and control policies and procedures |\n| 13 | BSBWHS332X | Apply infection prevention and control procedures to own work activities |\n| 14 | SITHFAB002 | Provide responsible service of alcohol |\n| 15 | HLTWHS005 | Conduct manual tasks safely |\n| 16 | SITHGAM001 | Provide responsible gambling services |\n| 17 | SITXFSA001 | Use hygienic practices for food safety |\n| 18 | SITXFSA002 | Participate in safe food handling practices |\n| 19 | CPCCWHS1001 | Prepare to work safely in the construction industry |\n| 20 | SITHFAB005 | Prepare and serve espresso coffee |\n| 21 | TLILIC0003 | Licence to operate a forklift truck |\n\n\n \n\n\n\n\nPart 2 – VET courses\n\n  The following VET courses, and any courses identified in the National Register referred to in section 216 of the National Vocational and Training Regulator Act 2011 as a later version of, or a superseding course of the following courses, are specified:\n\n \n\n| Item | Course code | Course |\n| --- | --- | --- |\n| 1 | 22556VIC | Course in the Management of Asthma Risks and Emergencies in the Workplace |\n| 2 | 22578VIC | Course in First Aid Management of Anaphylaxis |\n\n\n \n\n \n\nSchedule 2 — Higher education\n\n (1) Subject to subsection (2), the following courses are specified:\n\n (a) courses offered by a registered higher education provider which:\n\n (i)  do not lead to a qualification recognised under the Australian Qualifications Framework, and\n\n (ii)  the provider does not recognise as eligible for granting credit (whether as prior learning or otherwise) towards another course that leads to a qualification recognised under the Australian Qualifications Framework; and\n\n (iii)  are not eligible for credit (whether as prior learning or otherwise) towards a course offered by another registered higher education provider (the second course), where the second course leads to a qualification recognised under the Australian Qualifications Framework, and there is an agreement between the provider of the course and the provider of the second course to grant credit for the course.\n\n \n\n (2) Subsection (1) does not apply if the course is provided as one of the following:\n\n (a) an ELICOS;\n\n (b) a Foundation Program;\n\n (c) study abroad or student exchange;\n\n (d) a tertiary coursework and research preparatory course; or\n\n (e) a professional outcomes and placement course.\n\n \n\n \n\n  \n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument operates exactly as intended by section 5AA of the ESOS Act — to specify particular courses that are exempt from the definition of 'course' for regulatory purposes. It has not expanded beyond this narrow administrative function."},"complexity_factors":["Short instrument (approximately 1,500 words)","Only 4 defined terms in section 4 (Act, Australian Qualifications Framework, and two course-type definitions)","Simple structure: definitions, main operative provision (section 5), and two schedules listing specific course codes","Limited conditional logic: one main exemption with five exceptions in Schedule 2 subsection (2)","Heavy reliance on external references (National Register for VET units, Australian Qualifications Framework) but these are standard sector references","No nested exceptions or complex cross-referencing between sections"],"plain_english_summary":"This instrument exempts specified short vocational courses and non-award higher‑education short courses from the requirement that providers register under the ESOS Act, so these offerings don’t trigger full ESOS compliance. It affects VET and university providers (e.g. first aid, forklift licences, short professional development workshops) and overseas students seeking quick, practical training, reducing cost and regulatory burden for both providers and learners."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument exercises the Minister's power under section 5AA to specify which offerings are excluded from the Act's definition of \"course.\" The text itself does not indicate a change to the Act's statutory authority or an alteration from a prior published scope; it narrows ESOS coverage only to the extent specified in the schedules and exceptions."},"complexity_factors":["Relies on cross-references to the ESOS Act (s5AA) to have legal effect","Depends on definitions and external instruments (Australian Qualifications Framework, National Vocational Education and Training Regulator Act and National Register)","Lists specific unit codes and courses (Schedules) that must be checked against the National Register, including later/superseding versions","Requires providers to assess whether a course \"leads to a qualification recognised under the AQF\" and whether it is credit‑eligible (administrative judgment)","Contains categorical exceptions for higher‑education offerings (ELICOS, Foundation Programs, study abroad, preparatory, and professional placement) creating conditional scope","Ongoing maintenance complexity where National Register updates or course/version supersessions change applicability"],"plain_english_summary":"This instrument declares certain listed VET units, two short VET courses and some higher‑education offerings that do not lead to an Australian Qualifications Framework qualification (and are not credit‑eligible) to be \"not a course\" for the purposes of section 5AA of the Education Services for Overseas Students Act 2000. Mechanically, it narrows which programs fall within ESOS regulation and therefore changes which providers and overseas students are covered by the Act."}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-exempt-courses-instrument-2021","history":"/api/acts/education-services-for-overseas-students-exempt-courses-instrument-2021/history","analysis":"/api/acts/education-services-for-overseas-students-exempt-courses-instrument-2021/analysis","conflicts":"/api/acts/education-services-for-overseas-students-exempt-courses-instrument-2021/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-exempt-courses-instrument-2021/important-cases","documents":"/api/acts/education-services-for-overseas-students-exempt-courses-instrument-2021/documents"}}