{"id":"F2022L01299","name":"Education Services for Overseas Students (Suitable Alternative Courses) Instrument 2022","slug":"education-services-for-overseas-students-suitable-alternative-courses-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441554,"registerId":"F2022L01299-fast-fetch-1775956828293","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (Suitable Alternative Courses) 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 (Suitable Alternative Courses) 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\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Criteria to be applied in considering whether a particular course is a ‘suitable alternative course’\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (Suitable alternative courses) Determination 2012 (No. 1)\n\n \n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (Suitable Alternative Courses) 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 subsection 49(6) 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; and\n\n(b) registered provider.\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students Act 2000.\n\nfield of education has the same meaning given in the Australian Standard Classification of Education.\n\nlevel of education has the same meaning given in the Australian Standard Classification of Education.\n\n5  Schedule\n\n  The instrument specified in the Schedule to this instrument is repealed as set out in the applicable items in the Schedule.\n\n6  Criteria to be applied in considering whether a particular course is a ‘suitable alternative course’\n\n  For the purposes of subsection 49(6) of the Act, the criteria to be applied in considering whether a particular course is a suitable alternative course are:\n\n (a) whether the course is offered by a person who:\n\n (i) is registered under the Act to provide that particular course at the location in which that course is provided; or\n\n (ii) provides that course in accordance with an arrangement that the person has with a registered provider for that particular course for the particular location;\n\n (b) whether the course is of a similar level of education and field of education as the course to which the default relates;\n\n (c) geographical location; and\n\n (d) acceptability to the student.\n\n\n\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (Suitable alternative courses) Determination 2012 (No. 1)\n\n1  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":"This instrument expressly repeals the Education Services for Overseas Students (Suitable alternative courses) Determination 2012 (No. 1) (Schedule 1) and replaces it by prescribing the criteria in clause 6. The text therefore changes the governing instrument; whether the substantive scope materially differs from the 2012 Determination cannot be determined from this instrument alone without a direct comparison of the prior text and the new criteria."},"complexity_factors":["Very short instrument with a single operative clause setting four high-level criteria (s6).","Cross-references to the Education Services for Overseas Students Act 2000 for defined terms (see s4) and to the Australian Standard Classification of Education for ‘field’ and ‘level’.","Uses broad, partly subjective criteria (e.g. ‘geographical location’, ‘acceptability to the student’) that allow interpretive discretion when applied.","Repeals the prior 2012 Determination (Schedule 1), so implementers must note changeover rather than follow previous text.","No procedural detail on who applies the criteria or how competing factors are weighed — leaves practical decision-making to the administering authority under s49(6) of the Act."],"plain_english_summary":"This instrument replaces the 2012 Determination and sets the criteria used to decide when a course qualifies as a “suitable alternative course” under subsection 49(6) of the Education Services for Overseas Students Act 2000. It affects registered providers, any persons offering courses under arrangements with registered providers, and overseas students in default situations. Mechanically, decision-makers must consider provider registration/arrangement, comparable level and field (per the Australian Standard Classification of Education), geographical location and student acceptability (s6). Providers bear the compliance burden to meet registration or arrangement requirements."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument directly replaces the 2012 Determination with identical scope. It maintains the same narrow purpose: establishing criteria for suitable alternative courses under ESOS Act section 49(6). No expansion of scope or creeping additions."},"complexity_factors":["Very short instrument (approximately 1.5 pages of substantive content)","Only 3 defined terms in section 4 (Act, field of education, level of education), with 2 of these referencing external standards","Single operative provision (section 6) with a simple 4-part test using plain language","No nested exceptions, conditional logic, or cross-references beyond the enabling Act","Straightforward repeal of a single predecessor instrument in Schedule 1","Minimal structural elements (name, commencement, authority, definitions, one substantive section, one schedule)"],"plain_english_summary":"This instrument defines when a replacement course counts as a “suitable alternative” for international students under the ESOS framework when their original course fails (e.g., provider default or closure). It affects students, education providers, and the Minister/regulators by setting a clear, fair test to speed placements and protect students from inappropriate transfers.\n\nThe test focuses on proper provider registration or arrangements, comparable academic level and field, the course location, and the student’s consent."},"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-suitable-alternative-courses-instrument-2022","history":"/api/acts/education-services-for-overseas-students-suitable-alternative-courses-instrument-2022/history","analysis":"/api/acts/education-services-for-overseas-students-suitable-alternative-courses-instrument-2022/analysis","conflicts":"/api/acts/education-services-for-overseas-students-suitable-alternative-courses-instrument-2022/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-suitable-alternative-courses-instrument-2022/important-cases","documents":"/api/acts/education-services-for-overseas-students-suitable-alternative-courses-instrument-2022/documents"}}