{"id":"F2022L01298","name":"Education Services for Overseas Students (Notice Requirements) Instrument 2022","slug":"education-services-for-overseas-students-notice-requirements-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441552,"registerId":"F2022L01298-fast-fetch-1775956828263","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (Notice Requirements) Instrument 2022","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![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEducation Services for Overseas Students (Notice Requirements) Instrument 2022\n\nI, Jason Clare, Minister for Education, make the following instrument.\n\nDated  29/09/2022  \n\nJason Clare\n\nMinister for Education\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Requirements for a notice of provider default\n\n7  Requirements for a notice of outcome of discharge of obligations\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (Notifying provider default – requirements for a notice) Determination 2012 (No. 1)\n\nEducation Services for Overseas Students (Provider default – discharge of obligations – requirements for a notice) Determination 2012 (No. 1)\n\n \n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (Notice Requirements) Instrument 2022.\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 this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 subsections 46B(6) and 46F(5) 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)      course;\n\n(b)      default.\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students Act 2000.\n\nconfirmation of enrolment has the same meaning as in regulation 1.03 of the Migration Regulations 1994.\n\nNote: Regulation 1.03 of the Migration Regulations 1994 provides that confirmation of enrolment, in relation to a student and a registered provider, means a confirmation by the registered provider that the student is enrolled in a registered course provided by the registered provider, as required by section 19 of the Act.\n\n5  Schedules\n\n  The instruments that are specified in Schedule 1 to this instrument are repealed as set out in the applicable item in that Schedule.\n\n6  Requirements for a notice of provider default\n\n (1) For the purposes of subsections 46B(2) and (5) of the Act, the provider must enter the following information in the computer system established by the Secretary, as mentioned in section 109 of the Act, for each student to whom the provider has issued a confirmation of enrolment:\n\n (a) the date of the default; and\n\n (b) the reason for the default.\n\n (2) For the purposes of subsection 46B(2) of the Act, if known by the provider, the provider must also enter in the computer system the following contact details for the student:\n\n (a) current residential address;\n\n (b) email address;\n\n (c) home phone number; and\n\n (d) mobile phone number.\n\n7  Requirements for a notice of outcome of discharge of obligations\n\n (1) For the purposes of subsection 46F(2) and (4) of the Act, the provider must enter the following information in the computer system established by the Secretary, as mentioned in section 109 of the Act:\n\n (a) if the provider has not met their obligations in accordance with section 46D—the reason the provider has not met these obligations; or\n\n (b) if the provider has met their obligations in accordance with section 46D of the Act—whether they met their obligations by:\n\n (i) arranging an alternative course under subsections 46D(4) and (5) of the Act; or\n\n (ii) providing a refund under subsections 46D(6) and (7) of the Act.\n\n (2) If subparagraph (1)(b)(i) applies, the provider must also enter the following information in the computer system:\n\n (a) the date the provider met their obligations;\n\n (b) if known by the provider—the confirmation of enrolment code of the alternative course accepted by the student; and\n\n (c) confirmation that the provider has evidence of the student’s acceptance of an offer of a place in an alternative course.\n\n (3) If subparagraph (1)(b)(ii) applies, the provider must also enter the following information in the computer system:\n\n (a) the amount of the refund; and\n\n (b) the date the refund was paid.\n\n\n\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (Notifying provider default – requirements for a notice) Determination 2012 (No. 1)\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\nEducation Services for Overseas Students (Provider default – discharge of obligations – requirements for a notice) Determination 2012 (No. 1)\n\n2  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument repeals two 2012 determinations (Schedule 1) and replaces them with a consolidated set of mandatory electronic data‑entry requirements for provider default notices and outcomes of discharge of obligations (sections 6–7). Practically, responsibility to supply specified data fields to the Secretary’s computer system rests with registered providers (sections 6(1), 7(1)); this narrows the instrument’s operational scope to precise electronic reporting obligations and specific data items rather than broader or differently framed notice formats used previously."},"complexity_factors":["Cross-references to the Education Services for Overseas Students Act 2000 (subsections 46B, 46D, 46F) and to the Migration Regulations 1994 (regulation 1.03) which determine key definitions and legal triggers (see sections 3 and 4).","Conditional data-entry obligations depending on factual circumstances (e.g. whether the provider met obligations, and whether alternative course or refund was provided) (see sections 6 and 7).","Dependence on a centralised computer system established by the Secretary (section 6(1), 7(1)), which shifts the compliance mechanism from paper notices to electronic reporting.","Specification of multiple discrete data fields (dates, reasons, contact details, COE code, refund amount, evidence of student acceptance) which create granular recordkeeping requirements (sections 6 and 7).","Repeal of two prior 2012 determinations and substitution by consolidated requirements (Schedule 1), which may require providers to change existing processes."],"plain_english_summary":"This instrument requires registered overseas‑student providers to record specific information in the Secretary’s computer system when a provider default occurs and when the provider has (or has not) discharged its obligations under the Education Services for Overseas Students Act. It affects registered providers and international students with a confirmation of enrolment by prescribing which dates, reasons, contact details, refund or alternative‑course information must be entered, and thereby creates an identifiable administrative compliance duty for providers."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the same narrow scope as its predecessors. It consolidates two 2012 instruments into one without expanding the substantive requirements. The scope remains limited to administrative notification requirements for provider defaults and discharge of obligations, which aligns with the original intent of the empowering provisions (sections 46B and 46F of the ESOS Act)."},"complexity_factors":["Very short instrument (only 7 substantive sections plus repeals)","Minimal defined terms (only 2 explicit definitions in section 4, plus references to Act definitions)","No nested exceptions or complex conditional logic — conditions are straightforward 'if known' or 'if applicable' statements","Clear structure with numbered paragraphs and subparagraphs that follow a logical sequence","Heavy reliance on external legislation (Education Services for Overseas Students Act 2000 and Migration Regulations 1994) for context, but doesn't create complex cross-referencing within the instrument itself","Simple binary logic (default occurred vs. didn't occur; obligations met vs. not met)"],"plain_english_summary":"This instrument tells registered education providers what specific information to enter into the government’s online system when they default on international students’ courses and when they report how the problem was resolved. It covers basic default details, known student contact info, and whether the student was offered a replacement course (with acceptance evidence) or refunded (amount and date). It affects providers, students (indirectly) and the Department of Education — creating a clear data trail for monitoring, not new substantive duties."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-notice-requirements-instrument-2022","history":"/api/acts/education-services-for-overseas-students-notice-requirements-instrument-2022/history","analysis":"/api/acts/education-services-for-overseas-students-notice-requirements-instrument-2022/analysis","conflicts":"/api/acts/education-services-for-overseas-students-notice-requirements-instrument-2022/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-notice-requirements-instrument-2022/important-cases","documents":"/api/acts/education-services-for-overseas-students-notice-requirements-instrument-2022/documents"}}