{"id":"F2026L00312","name":"Education Services for Overseas Students (Notice Requirements—Student Defaults) Instrument 2026","slug":"education-services-for-overseas-students-notice-requirements-student-defaults-instrument-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443217,"registerId":"F2026L00312-fast-fetch-1775958113861","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—Student Defaults) Instrument 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEducation Services for Overseas Students (Notice Requirements—Student Defaults) Instrument 2026\n\nI, Julian Hill, Assistant Minister for International Education, make the following instrument.\n\nDated 18 March 2026   \n\nJulian Hill\n\nAssistant Minister for International 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 on student default\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (Student default – discharge of obligations – requirements for a notice) Specification 2015 (No. 1).\n\n \n\n \n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (Notice Requirements—Student Defaults) Instrument 2026.\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- The whole of this instrument On the day after this instrument is registered\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 subsection 47H(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\n1.       default;\n2.       registered provider.\n\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students Act 2000.\n\nPRISMS means the computer system established by the Secretary under section 109 of the Act.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Requirements for a notice on student default\n\n  For the purposes of section 47H of the Act, the provider must enter the following information into PRISMS, for each overseas student or intending overseas student that defaults in relation to a course provided by the provider at a location and for whom the provider is required to provide a refund under section 47E:\n\n (a) if the provider has not provided a refund in accordance with section 47E of the Act — the reason why it has not done so;\n\n (b) if the provider has provided a refund in accordance with section 47E of the Act:\n\n (i) the date that the refund was paid by the provider to the student; and\n\n (ii) confirmation that the refund amount was calculated in accordance with subsection 47E(4) of the Act; and\n\n (iii) the date when the student default occurred.\n\nNote: The notice must also include the information required by subsection 47H(3) of the Act.\n\n \n\n \n\n\n\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (Student default – discharge of obligations – requirements for a notice) Specification 2015 (No. 1)\n\n1  The whole of the instrument\n\nRepeal the instrument.\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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2015 specification (Schedule 1) and replaces it with a focused requirement (s6) that providers must enter prescribed refund-related information into PRISMS when a student defaults and a refund is required under section 47E. The scope is therefore changed from the prior instrument by consolidating and specifying the exact PRISMS fields to be completed (reason if no refund; refund date; confirmation of calculation per subsection 47E(4); date of default) and by tying the notice requirement expressly to section 47H of the Act."},"complexity_factors":["Single operative clause but conditional reporting logic: entry required only where provider is \"required to provide a refund under section 47E\" (s6).","Dependence on other Act provisions for meaning and completeness: references subsection 47E(4) (calculation method) and subsection 47H(3) (additional information required) (s6).","Technical integration with PRISMS: obligations are to \"enter the following information into PRISMS\", creating an operational dependency on that system (defined in s4; operationalised in s6).","Administrative verification burden: providers must confirm legally-prescribed calculation methodology was used (s6(b)(ii)), which requires internal checking and recordkeeping.","Replaces prior instrument: full repeal of the 2015 specification (Schedule 1), so compliance workflows and templates may need updating.","Limited statutory discretion: the instrument prescribes specific fields to be entered, leaving little room for alternative reporting formats (s6).","Reliance on statutory definitions located in the Act (eg. \"default\", \"registered provider\"), requiring cross-reference to interpret obligations (s4 note)."],"plain_english_summary":"This instrument makes registered providers enter specific student-default and refund details into PRISMS when an overseas student defaults and a refund is due under section 47E of the ESOS Act. It requires either a reason for not refunding or, if a refund was made, the refund date, confirmation the amount followed subsection 47E(4), and the date the default occurred. It also repeals the 2015 specification. The rule affects registered providers’ recordkeeping and reporting obligations for overseas student defaults."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the same narrow scope as its predecessor. It continues to specify only the notice requirements for student defaults under section 47H of the ESOS Act, without expanding into new areas of regulation."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content)","Only 2 defined terms in section 4 ('Act' and 'PRISMS'), with other terms incorporated by reference from the parent Act","Single operative provision (section 6) with straightforward conditional structure (if refund paid vs if not paid)","No nested exceptions or complex cross-referencing beyond basic references to sections 47E and 47H of the parent Act","Simple repeal schedule replacing one old instrument with no transitional provisions or savings clauses"],"plain_english_summary":"A new rule from the Assistant Minister for International Education requires registered providers to record specific details in PRISMS whenever an international student defaults on a course. It replaces the 2015 rule and clarifies what must be entered about refunds, refund dates, reasons, and calculation compliance.\n\nThis affects universities, colleges and schools teaching international students, improving transparency, helping government oversight, and creating a clear record to protect students’ refund rights."}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-notice-requirements-student-defaults-instrument-2026","history":"/api/acts/education-services-for-overseas-students-notice-requirements-student-defaults-instrument-2026/history","analysis":"/api/acts/education-services-for-overseas-students-notice-requirements-student-defaults-instrument-2026/analysis","conflicts":"/api/acts/education-services-for-overseas-students-notice-requirements-student-defaults-instrument-2026/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-notice-requirements-student-defaults-instrument-2026/important-cases","documents":"/api/acts/education-services-for-overseas-students-notice-requirements-student-defaults-instrument-2026/documents"}}