Education Services for Overseas Students (Foundation Program Standards) Instrument 2021

The instrument organises regulatory requirements around a small set of definitional and operational concepts that determine scope and obligations.

• Foundation Program types: A standard Foundation Program is defined by duration and minimum scheduled course contact hours: 26-36 teaching weeks and a minimum of 720 scheduled course contact hours (definitions in s7). An Extended Foundation Program is 37-78 teaching weeks (s7). The instrument requires delivery as either a standard or extended program (s8(a)) and differentiates certain requirements (notably English language hours) by program type (s12(1)‑(2)).

• Provider status and registration: Only CRICOS-registered providers may deliver Foundation Programs (s8(b)). Curriculum approval by the ESOS agency is required on registration and renewal under Part 2 of the Act (s9(4)). The instrument therefore embeds registration as both a gate and ongoing control point.

• Curriculum equivalence and evidence base: Curriculum must be comparable to Australian Year 12 in preparing students for first year undergraduate study (s9(1)(a)‑(b)). Providers must maintain an evidence base including a comparison of curriculum, set texts and assessment between at least one Foundation subject and a corresponding Australian Year 12 subject (s9(2)). Providers must provide sufficient information to allow the ESOS agency to evaluate equivalence (s9(3)).

• Significant changes control: Providers must not make significant changes without ESOS agency approval (s9(5)). Significant changes include changes to more than 25% of course units, substantial delivery variations, or substantial changes to nomenclature, duration, entry requirements, outcomes or structure (s9(6)(a)‑(c)). Non-significant changes must be assessed by the provider’s Academic Board or equivalent and notified to the ESOS agency (s9(7)).

• Admission and English proficiency thresholds: The instrument sets minimum academic and English criteria for admission: standard programs require an IELTS-equivalent overall 5.5 with minimum 5.0 in all skills; extended programs require overall 5.0 (s10(1)(b), s10(2)(b)). Providers must implement documented policies and processes for assessing student suitability (s10(3)). There is a mechanism for 16‑year-old commencement if an ESOS agency exemption is granted and specific conditions are met (s10(4)).

• Subject composition: Programs must be either streamed (subject matter targeted to specific undergraduate fields) or generalist (broad coverage) and must include discipline‑based subjects and English language subjects (s11(1), (3)). Students must complete three discipline‑based subjects per study period (s11(4)). Generalist programs must include subjects in specified areas (Mathematics; Arts; Humanities and Social Sciences; Science or Technology) (s11(5)). Paid work experience is prohibited (s11(7)).

• English language teaching minimums and content: Standard programs must include at least 200 hours of scheduled English language learning, at least 100 of which must be scheduled formal class contact time (s12(1)). Extended programs must devote at least 28 per cent of scheduled course contact hours to English language learning, with at least half of those hours as formal class contact time (s12(2)). English language teaching must incorporate a specified set of academic English components (s12(5)).

• Pathways and agreements with higher education providers: Providers must hold formal written agreements with higher education providers containing mutual assurances about readiness and pathway entry (s13(1)). Providers must maintain a register of such agreements (s13(2)) and publish pathway information and required grades, updating annually (s13(3)‑(5)). Providers must provide pre‑enrolment guidance that helps students set a stated goal and understand alternative pathways and transfer restrictions (s13(6)‑(7)).

• Assessment, reporting and moderation: Providers must have assessment policies enabling formative and summative assessment, independent oversight or moderation and measures ensuring comparability to other admission criteria (s14(1), (e)‑(f)). Each subject must include at least two assessed coursework items or examinations (s14(2)). Providers must retain detailed records of student results and patterns (s14(3)) and provide students with criteria, results, progress reports at least once per study period, and formal notifications if at risk of failing to achieve the stated goal (s14(4)‑(9), (11)).

• Teacher qualifications and PD: Academic subject teachers must hold at least a three‑year Bachelor in a relevant area plus either an education qualification or two years of teaching experience (s15(1)). Teachers primarily responsible for English language subjects must hold a three‑year Bachelor, an English language teaching qualification, and at least two years ESL/EFL teaching experience (s15(2)‑(3)). Providers must retain CVs and certified copies of degrees, hold recruitment and professional development policies and deliver annual PD (s15(4)‑(6)).

• Marketing, naming and younger students: The instrument controls use of the word 'Foundation' (s16(1)‑(3)), prohibits claims of equivalence to Australian Senior Certificate and claims of guaranteed entry without specified conditions (s16(5)), and requires design and operations appropriate to under‑18 students and child protection compliance (s17(1)‑(3)).

These concepts collectively create a compliance architecture: registration and ESOS agency approval are gatekeeping decisions, curriculum evidence and teacher qualifications are documentary obligations, and frequent student reporting, recordkeeping and pathway disclosure are ongoing operational requirements.

The instrument identifies several groups with clearly differentiated obligations and interests.

• Providers and CRICOS-registered entities: Primary obligations fall on providers delivering Foundation Programs. Only CRICOS-registered providers may deliver these programs (s8(b)). The instrument applies to delivery by the provider even where parts are delivered through arrangements with other parties, in Australia or overseas (s6(1)). Providers must obtain ESOS agency approval for curriculum on registration and renewal (s9(4)), seek approval for significant changes (s9(5)), and maintain a range of records (s9(2); s13(2); s15(4); s14(3)).

• ESOS agency and registration decisionmakers: The ESOS agency has decision authority for curriculum approval at registration/renewal (s9(4)), for exemption of 16‑year‑old enrolments (s10(4)(a)), for assessing significant changes and, by implication, for enforcement or monitoring under the Act (Schedule 1). The instrument requires providers to make information available for ESOS agency scrutiny (s9(3); s9(2)).

• Overseas students (the beneficiaries and regulated persons): The program is explicitly designed for overseas students; providers must specify this fact in course information (s16(4)). Students are subject to entry requirements (s10(1)‑(2)), must complete subject and English hour requirements (ss11-12), and are entitled to assessment information, individual results, progress reports and formal notifications if at risk (s14(4)‑(9)). Students under 18 trigger additional welfare and child protection obligations (s17).

• Higher education providers: The instrument requires providers to hold formal written agreements with higher education providers guaranteeing that successful completion demonstrates higher education readiness and that completion will provide entry into one or more higher education pathways (s13(1)). Higher education providers are thus called upon as counterparties to pathway agreements and must authorise and record persons who provide those assurances (s13(2)). The instrument sets disclosure requirements about which higher education courses will be available and the grades/subjects required (s13(3)).

• Teachers and academic staff: The instrument prescribes minimum qualifications and experience for teachers of academic and English subjects (s15(1)‑(3)). Providers must retain CVs and certified qualifications for teachers (s15(4)), maintain recruitment, induction and professional development policies (s15(5)‑(6)), and ensure compliance with child protection laws (s15(7)). These requirements affect hiring, contracting and ongoing training costs.

• Marketing and admissions channels, agents and recruiters: Marketing rules restrict terminology and certain claims (s16(1)‑(6)), plus course information content (s10(5), s13(3)). Agents and recruiters must therefore provide or rely on accurate, annually updated information. Providers remain responsible for published course information (s10(5), s13(5)).

• Other parties engaged to deliver parts of a program: Because the instrument applies to provision "including in the provision of any part of a Foundation Program through arrangements with another party or parties" (s6(1)), third‑party deliverers, offshore partners or subcontractors operate under the obligations of the registered provider. The registered provider therefore bears compliance risk for arrangements that take place outside its direct control.

Who pays: primary compliance costs fall on providers,staff hiring and upskilling to meet teacher qualification and PD requirements (s15), additional English teaching hours and associated scheduling (s12), recordkeeping and reporting obligations (s14(3), (6)‑(9)), curriculum development and evidence collation (s9(2)‑(4)), pathway agreement negotiations (s13), and marketing revisions. Higher education providers incur administrative costs in entering pathway agreements and responding to registers (s13(1)‑(2)). Students may experience indirect costs: limited availability of paid work experience is explicit (s11(7)), and more prescriptive English and academic content can lengthen time and tuition costs for extended programs (s12).

The instrument stitches together prescriptive duties for providers, procedural rights (mostly to students), and decision rights vested in the ESOS agency.

Key duties of providers (source citations in parentheses):

• Deliver only as a standard or extended Foundation Program and be CRICOS-registered (s8(a)‑(b)). Providers must ensure programs provide an academic entry pathway to first-year undergraduate study and be delivered in full-time study periods with at least one week break between periods (s8(c)‑(d)).

• Maintain curriculum comparable to Australian Year 12, design curricula to prepare students for further study in Australian higher education, maintain an evidence base (including at least one direct subject-to-subject comparison), and submit curriculum for ESOS agency approval at registration and renewal (s9(1)‑(4)). Providers must not make significant changes without ESOS agency approval and must have Academic Board approval and notification procedures for non-significant changes (s9(5)‑(7)).

• Implement pedagogy focused on academic rigour and integrity and a specified set of academic skills (s9(8)). Provide regular, no-cost access to on-campus computing where applicable, library resources, learning management systems, technology for course engagement, and academic/careers/welfare support (s9(9)).

• Admit students only where prescribed academic and English standards are met, implement documented assessment policies for evaluating equivalence of overseas educational levels, and manage the 16-year-old exemption process with ESOS agency approval and supporting welfare or history conditions (s10(1)‑(4)).

• Offer either a streamed or generalist program, clearly set out program structure in course information, ensure three discipline-based subjects per study period, and avoid paid work experience (s11(1)‑(7)).

• Meet English language minimums: for a standard program, at least 200 hours of scheduled English language learning with at least 100 hours of formal class contact; for extended programs, at least 28 per cent of scheduled course contact hours with at least half formal class contact (s12(1)‑(2)). Spread minimum hours across program duration and ensure English subjects include specified academic components (s12(3)‑(6)).

• Enter and maintain formal pathway agreements with higher education providers and publish pathway lists and grade requirements, updating annually (s13(1)‑(5)). Provide pre-enrolment guidance to set a stated goal and show alternative pathways and transfer restrictions (s13(6)‑(7)).

• Implement assessment policies covering formative and summative assessment, independent moderation, and comparability; have at least two assessed items per subject; retain records and provide students with assessment criteria, results, progress reports at least once per study period, formal notifications if underperforming, and appeals mechanisms (s14(1)‑(13)).

• Ensure teachers meet minimum qualification and experience thresholds, retain CVs and certified qualifications, maintain recruitment and professional development policies and deliver annual PD, and comply with child protection laws (s15(1)‑(7)).

• Ensure marketing and program titling rules are followed: do not use ‘Foundation’ unless compliant; include ‘extended’ in the title where applicable; specify the program is designed for overseas students; do not claim equivalence to the Australian Senior Certificate or guaranteed entry without specified conditions; include ‘Foundation’ on completion documents (s16(1)‑(6)).

• Ensure operations for under‑18 students are age, maturity and language-appropriate, comply with the national code for arrangements for under‑18s, tailor materials and facilities for mixed-age cohorts, and comply with child protection laws (s17(1)‑(3)).

Rights or entitlements created for students and other parties:

• Students have a right (entitlement) to receive assessment criteria at the outset, individual results for each formal assessment, progress reports at least once per study period, and formal notification if consistently underperforming (s14(4)‑(9)).

• Prospective students have a right to clear course information that specifies entry requirements, whether provisional exam results are acceptable, an alternative English language table, and, for extended programs, the basis for modifying standard Foundation Program requirements (s10(5)).

• Higher education providers and students can expect providers to maintain and update pathway information annually and to have formal agreements in place guaranteeing that successful completion demonstrates readiness and provides entry to one or more pathways (s13(1), (3)‑(5)).

Decision rights:

• ESOS agency holds authority to approve curriculum at registration and renewal, to grant exemptions for 16-year-old commencements (s9(4); s10(4)(a)), and to act under the Act’s enforcement and monitoring powers (Schedule 1 references to Part 6 and Part 7). Providers retain internal decision rights over Academic Board approvals for non-significant changes (s9(7)).

In aggregate, the instrument shifts significant operational, evidentiary and ongoing monitoring responsibilities onto providers, while the ESOS agency retains formal decision rights on approvals, exemptions and enforcement.

The instrument itself does not set out specific monetary penalties, criminal offences or particular enforcement remedies. Instead, the enforcement and monitoring context is provided by its statutory foundation and transitional references.

• Legal basis for enforcement: The instrument is made under s176C of the ESOS Act (s3). Enforcement action and monitoring powers to address non-compliance are therefore those contained in the Act, not in the instrument text. The instrument preserves prior standards for pending enforcement and monitoring actions commenced under Part 6 and Part 7 of the Act (Schedule 1). Schedule 1 expressly references enforcement action commenced before the instrument’s commencement under Part 6 of the Act, and monitoring and searching actions commenced under Part 7 (Schedule 1(1)(b)(i)‑(ii)).

• ESOS agency role: The ESOS agency is the authorised administrative body to approve curricula at registration and renewal (s9(4)), to grant exemptions (s10(4)(a)), and to be notified of changes and other prescribed matters. The agency is therefore the primary regulator whose enforcement powers under the Act will be invoked when providers fail to comply with obligations set out in this instrument. The instrument’s multiple disclosure and recordkeeping requirements enable the ESOS agency to monitor compliance through access to documentation (s9(2), s13(2), s15(4), s14(3)).

• Procedural enforcement levers implicit in the instrument: Because curriculum approval is tied to registration (s9(4)), the ESOS agency’s registration and renewal decisions provide a practical enforcement lever: failure to meet standards can affect a provider’s registration status. The instrument also makes the use of the title 'Foundation' contingent on compliance (s16(1)‑(3)), providing a corrective measure through naming and marketing restrictions.

• Transitional protection for existing actions: Schedule 1 preserves application of the superseded standards for registration, renewal or change applications already made but not decided and for enforcement or monitoring actions already commenced (Schedule 1(1)(a)‑(b)). This means providers subject to ongoing actions will continue to be assessed against the prior instrument rather than the 2021 instrument.

• What is not in the instrument: The instrument does not itself specify the types of sanctions (for example fines, suspension, cancellation, or prohibition on recruiting students) or the process for administrative reviews or appeals. Those mechanisms are located in the Act (as indicated by the instrument’s authority and Schedule 1 references) and are not restated in the instrument.

Practical enforcement risk for providers therefore comes principally from the ESOS agency’s regulatory tools under the Act (registration/renewal decisions, compliance monitoring and enforcement actions under Part 6 and Part 7), supplemented by reputational and contractual consequences arising from pathway agreement requirements and marketing restrictions. Providers should plan compliance on the assumption that breaches of any of the prescriptive standards (for example failing to maintain the required English-hours, teacher qualifications, or evidence base) can prompt ESOS agency scrutiny under the Act, even though the instrument does not itemise sanctions.

The instrument cross-references and presumes interaction with multiple statutory regimes and regulatory instruments.

• ESOS Act 2000: The instrument is made under s176C of the ESOS Act (s3) and repeatedly links key obligations to registration and renewal under Part 2 of the Act (s9(4)). Schedule 1 preserves application of the prior standards for actions commenced under the Act’s enforcement (Part 6) and monitoring/searching powers (Part 7). Practically, compliance, enforcement and sanction mechanisms are those of the ESOS Act.

• Australian Education Act 2013: The instrument excludes Foundation Program Standards' application to courses that, under s15 of the Australian Education Act 2013, constitute primary or secondary education (s6(2)(a)). That reference defines the boundary between regulated Foundation Programs and primary/secondary schooling.

• National Code and ELICOS: The instrument references the national code in places that affect student welfare and risk identification. Providers must comply with the national code to identify, notify and assist an overseas student at risk of not achieving adequate assessment results (s14(13)). The instrument also excludes ELICOS from its application (s6(2)(b)), but uses ELICOS as a defined term (s7) and clarifies that English language learning for Foundation Programs may be delivered online or in person (s12(4)(a)).

• Australian Qualifications Framework and relevant higher education legislation: The instrument excludes courses that lead to a qualification recognised under the Australian Qualifications Framework (s6(2)(c)). Pathway agreements and the requirement that successful completion demonstrates readiness for higher education (s13(1)) mean that higher education providers’ admissions policies and frameworks will interact operationally with Foundation Programs.

• State and territory child protection and child safety laws: The instrument requires teachers and providers to comply with all applicable state, territory and Commonwealth child protection legislation and child safety requirements (s15(7); s17(3)). For under-18 students providers must make arrangements that comply with the national code (s17(2)(a)), but child protection is expressly a separate statutory obligation.

• Consumer protection and advertising law: The instrument imposes marketing constraints (s16(5)). While the instrument’s rules stand on their own, deceptive or misleading conduct in trade practices remains actionable under consumer protection law. Providers should therefore treat the instrument’s marketing prohibitions as a baseline complementing general prohibitions on misleading representations.

• International/foreign delivery and arrangements: The instrument applies to delivery of parts of a Foundation Program through arrangements with other parties whether in Australia or overseas (s6(1)). That places compliance obligations on providers that have offshore delivery partners, requiring providers to ensure offshore arrangements meet the instrument’s standards even when foreign regulatory regimes are different.

• Privacy and recordkeeping regimes: The instrument requires retention of CVs and certified copies of teacher qualifications (s15(4)), student results and patterns (s14(3)), and registers of pathway agreements (s13(2)). Providers must therefore ensure recordkeeping complies with applicable privacy and data-protection requirements while meeting disclosure and retention obligations required by the ESOS agency.

These interactions mean providers must manage an overlay of Commonwealth ESOS requirements, the national code, state child protection rules, higher education admissions processes, consumer protection obligations and privacy law. The instrument allocates responsibility to the CRICOS-registered provider for ensuring that delivery,whether direct or via arrangements,meets the combined regulatory obligations.

The instrument itself contains a minimal amendment record, because it is the operative instrument replacing the prior Foundation Program Standards.

• Repeal and replacement: Schedule 2 repeals the earlier instrument titled Foundation Program Standards (19/06/2011) in its entirety (Schedule 2(1)). The effect is that the 2021 instrument is the current statement of Foundation Program Standards.

• Commencement date: The instrument is dated 14 September 2021 and by s2 the whole instrument commenced on the day after it was registered (s2(1) and commencement table). The instrument text includes the introductory signature line dated 14 September 2021.

• Transitional provisions: Schedule 1 provides saving and transitional application: despite their repeal, the former Foundation Program Standards as in force immediately before commencement continue to apply to certain pending matters. Specifically they continue to apply to applications for registration, renewal or changes to registration made but not decided before commencement (Schedule 1(1)(a)), and to enforcement actions and monitoring/searching actions commenced before commencement under Parts 6 and 7 of the Act (Schedule 1(1)(b)(i)‑(ii)). This preserves continuity for matters already in process at the date of change.

• No further amendments recorded in the text: The instrument contains no iterative amendment history beyond repeal of the 2011 instrument and the saving/transitional clause described above. There are no amendment dates, amending instruments, or variations recorded inside this instrument.

Because the instrument itself is an executive instrument made under the ESOS Act, subsequent changes to the Foundation Program Standards in force would rely on further instruments made under the same Act and published accordingly. The instrument’s own Schedule 2 makes clear that it is a replacement instrument rather than an amending instrument.

The text of the instrument does not record any litigation history. It contains no judicial decisions, case citations, or references to specific disputes. The only legal process references are to administrative procedure and statutory enforcement mechanisms in the Act:

• Enforcement and monitoring references: Schedule 1 indicates that enforcement actions and monitoring/searching actions under Part 6 and Part 7 of the ESOS Act remain relevant for matters commenced prior to the instrument’s commencement (Schedule 1(1)(b)(i)‑(ii)). Those references show that non-compliance can give rise to administrative action under the Act, but the instrument does not cite any judicial outcomes or appeal processes.

• No named cases or litigation outcomes: The instrument names no judicial proceedings. It records only administrative decision points (registration, renewal, ESOS agency approvals, exemptions and the need to comply with other statutory obligations).

Practical implications for readers: there is no litigation precedent supplied within the instrument to interpret or narrow obligations. Where disputes arise about compliance, enforcement, or the meaning of a standard, those disputes would need to be litigated or administratively reviewed under the ESOS Act or other applicable laws; this instrument does not provide internal adjudicative examples. Practitioners should therefore anticipate that substantive interpretive clarifications will be developed through regulatory decisions of the ESOS agency and potential litigation under the Act, rather than within the instrument itself.

This instrument has multiple specific operational features that create likely compliance pitfalls if overlooked.

• Significant change threshold and approval requirement (s9(5)‑(6)): Providers must not make significant changes without ESOS agency approval. The instrument defines significant change to include changes to more than 25% of the total number of course units or subjects from the time of last approval (s9(6)(a)). That 25% numerical trigger can be unintuitive: incremental unit swaps that cumulatively exceed 25% require approval. Providers that treat approval merely as necessary for wholesale redesign may unintentionally breach this rule through piecemeal changes.

• Curriculum evidence and scrutiny obligations (s9(2)‑(4)): Providers must maintain comparative material between at least one Foundation Program subject and the corresponding Australian Year 12 subject (s9(2)). The ESOS agency must be given sufficient information to evaluate equivalence (s9(3)). Casual or anecdotal evidence will not suffice; providers should expect documentary comparisons of curriculum, set texts, assessment methods and measurable learning outcomes.

• English teaching minima and distribution requirements (s12(1)‑(3)): Standard programs must have at least 200 scheduled English language hours with minimum 100 formal class contact hours; extended programs must allocate at least 28% of scheduled contact hours to English (s12(1)‑(2)). The minimum hours must be spread throughout the program and not delivered in a block (s12(3)). Providers that front-load intensive English blocks or attempt to compress formal contact time into short periods risk non-compliance.

• Admission and age exemptions (s10(1)‑(4)): Standard and extended programs have different English entry requirements, and age minimums are generally 17 at commencement (s10(1)(d); s10(2)(d)). A provider may allow students to commence at 16 only if it has an ESOS agency exemption and either a substantial history of enrolling 16‑year‑olds without adverse feedback or demonstrated appropriate welfare processes (s10(4)(a)‑(b)). The instrument places the onus on the provider to obtain an administrative exemption and to maintain supporting records.

• Three discipline-based subjects per study period and subject mix constraints (s11(3)‑(5)): Students must complete three discipline-based subjects per study period (s11(4)). Generalist programs must include subjects across specified fields (Mathematics; Arts; Humanities and Social Sciences; Science or Technology) (s11(5)). Providers that advertise flexible or highly customised timetables must ensure students still meet these strict subject count and distribution requirements.

• Prohibition on paid work experience (s11(7)): Foundation Programs cannot include paid work experience. Providers with models that previously integrated paid workplace placements for credit must redesign or separate such experiences from the Foundation Program.

• Pathway and disclosure obligations (s13(1)‑(6)): Providers must have formal written agreements with higher education providers (s13(1)) and publish lists of higher education courses and required grades, updating the information annually (s13(3)‑(5)). Failure to keep pathway lists current or to clearly state conditionality of pathway entry (s13(3)(c); s13(4)) can expose providers to claims of misleading representation and ESOS agency scrutiny.

• Assessment and reporting frequency (s14(3)‑(9)): Providers must retain patterns of results, provide students with assessment criteria at outset (s14(4)), give progress reports at least once per study period (s14(7)) and formally notify students performing below required standards (s14(8)). Operational systems must produce and retain these reports in an online format. Failure to automate or systematise progress reporting may cause regular breaches.

• Teacher qualification documentation and PD (s15(1)‑(6)): Teachers need minimum academic and teaching credentials; English teachers have specific ELT qualifications (s15(2)‑(3)). Providers must retain certified copies of degrees and CVs (s15(4)), implement recruitment/induction policies (s15(5)) and deliver annual PD (s15(6)). Employing casual or short-term staff without these records in place risks non-compliance.

• Marketing and terminology traps (s16): The use of the word 'Foundation' in a program title is restricted to compliant programs (s16(1)‑(2)), and providers must not claim equivalence to the Australian Senior Certificate or guaranteed entry without stating conditions (s16(5)). Providers must ensure all external marketing, agent materials and certificates comply (s16(6)).

• Offshore delivery and arrangements (s6(1)): The registered provider remains responsible even where parts of the program are delivered through arrangements with other parties, including overseas. Contracts with partners must therefore require compliance with the instrument’s standards and enable the provider to produce the required evidence for the ESOS agency.

• Transitional continuity (Schedule 1): If a provider has a registration or change application or enforcement/monitoring action pending at commencement, the prior 2011 standards remain applicable to that matter (Schedule 1). Providers must check which instrument applies to their pending matters to avoid compliance mismatches.

Each of these “gotchas” translates into concrete compliance tasks: data systems and templates for evidence of equivalence, timetabling to meet English hours and contact requirements, formal pathway agreement templates and registers, automated progress-reporting systems, documented recruitment and PD policies and contract clauses for third-party delivery.

This section provides a practical compliance checklist mapped to the instrument’s obligations, with suggested documentary exemplars and internal controls.

1. CRICOS registration and curriculum approval

• Ensure the provider’s CRICOS registration covers the Foundation Program (s8(b)). At registration and renewal, submit the curriculum for ESOS agency approval as required (s9(4)). Keep copies of approval correspondence and versions of syllabus documents.

2. Curriculum evidence base and comparability

• Prepare a documented evidence base comparing at least one Foundation subject with a corresponding Australian Year 12 subject, covering curriculum content, set texts and assessment procedures (s9(2)). Provide a curriculum map that aligns program outcomes to Year 12 learning outcomes and to first-year undergraduate readiness (s9(1)(a)‑(b); s9(3)).

3. Significant change control

• Adopt a change control protocol: classify changes by percentage of course units; compute cumulative unit changes against the last ESOS-approved baseline to detect >25% change triggers (s9(6)(a)). Route non-significant changes to the Academic Board or equivalent for assessment and notify the ESOS agency (s9(7)). For significant changes, prepare an approval submission to the ESOS agency.

4. English language scheduling and pedagogy

• For standard programs, schedule at least 200 hours of English language learning with at least 100 formal class contact hours (s12(1)). For extended programs, ensure at least 28% of scheduled course contact hours are English, with at least half as formal contact (s12(2)). Distribute English hours throughout the program and do not deliver them as a single block (s12(3)). Create lesson plans and syllabi showing academic listening, reading, academic writing and plagiarism instruction, independent study skills, oral presentation, group discussion and critical thinking (s12(5)).

5. Admission and entry assessment policy

• Draft a documented policy and procedures for assessing overseas educational comparability, English proficiency and other entry criteria, including an equivalence table for alternative English tests (s10(3); s10(5)(c)). Ensure course information states entry requirements, whether provisional results are acceptable, and the basis for extended-program modifications (s10(5)).

6. Program structure and subjects

• Decide whether the program is streamed or generalist and publish this in course information (s11(1)‑(2)). Ensure timetables require students to complete three discipline-based subjects per study period and that generalist programs include the specified subject areas (s11(4)‑(5)). Remove paid work experience from the program structure (s11(7)).

7. Pathway agreements and course information

• Negotiate and sign formal written pathway agreements with higher education providers that contain the assurances required in s13(1). Maintain a register of these agreements with the period of currency and authorised persons (s13(2)). Publish and annually update lists of higher education courses, required subjects, and grades for each pathway (s13(3)‑(5)). Provide pre-enrolment guidance and document the stated goal with pathway subject and grade requirements (s13(6)‑(7)).

8. Assessment systems and reporting

• Implement assessment policies that require formative and summative assessment, independent moderation, and measures to ensure comparability with admission criteria (s14(1)(d)‑(f)). Ensure each subject includes at least two assessment items or examinations (s14(2)). Establish online systems to store and provide to students: assessment criteria at subject commencement, individual assessment results, progress reports at least once per study period, and end-of-period formal reports (s14(4)‑(9)). Create escalation processes to notify and advise students at risk and to offer alternative pathway advice where appropriate (s14(8), (11)).

9. Teacher recruitment, documentation and professional development

• Maintain recruitment policies that require documentation of minimum academic and teaching qualifications for both academic and English teachers (s15(1)‑(3)). Keep certified copies of degrees and CVs for all teachers, with a personnel file checklist (s15(4)). Implement annual professional development plans with attendance records and induction materials for new teachers (s15(5)‑(6)). Confirm compliance with all applicable child protection checks and record evidence of completed checks (s15(7)).

10. Marketing and certificates

• Audit all marketing and course titles to ensure that only compliant programs use 'Foundation' and that extended programs include 'extended' in the title (s16(1)‑(3)). Ensure marketing does not claim equivalence to the Australian Senior Certificate nor guaranteed entry without conditions, and that course information includes entry condition statements (s16(5); s10(5); s13(3)). Design completion certificates to include the word 'Foundation' (and 'extended' if applicable) (s16(6)).

11. Younger students and welfare

• For under‑18 cohorts, prepare welfare and accommodation arrangements that comply with the national code and relevant child protection legislation (s17(2)‑(3)). Tailor course materials and mixed-age cohort operations to account for age, maturity and English proficiency (s17(2)(b)‑(d)). If seeking to admit 16‑year‑olds, apply for an ESOS agency exemption and prepare evidence of historical enrolment outcomes or welfare arrangements as required (s10(4)).

12. Offshore arrangements and subcontracting

• Contractually bind third-party deliverers to comply with the instrument’s standards and provide the registered provider with the documentation necessary to demonstrate compliance to the ESOS agency, including teacher qualifications, assessment records and evidence of English hours (s6(1), s9(2), s15(4)).

13. Recordkeeping and audit readiness

• Maintain a central compliance register capturing curriculum approvals, Academic Board minutes, change records, register of pathway agreements, teacher files, assessment outcome patterns, progress report archives and marketing approvals. Ensure all required documents are easily retrievable for ESOS agency scrutiny (s9(2); s13(2); s14(3); s15(4)).

14. Internal training and compliance governance

• Nominate an accountable officer for ESOS compliance, establish periodic internal audits of compliance with each standard, and maintain a remediation plan for identified breaches. Use the ESOS agency’s approval cycles,registration and renewal,to benchmark evidence packages (s9(4)).

Implementing these steps converts the instrument’s prescriptive requirements into concrete systems: curriculum mapping, timetabling to meet English contact hours and distribution, personnel and PD records, assessment management systems with automated student reporting, pathway agreement templates and registers, and contract clauses for offshore delivery. Providers that integrate compliance into routine academic and administrative workflows will reduce the risk of ESOS agency action and ensure the data requested in registration or audit processes is available and demonstrably aligned to the standards.