Part A
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
**What this instrument does (mechanics)
Sets nationally consistent minimum standards that any provider registered to teach overseas students (under the ESOS framework) must meet. The document organises those standards into 11 named areas (Standards 1–11) covering marketing, recruitment, written agreements, use of education agents, welfare for under‑18s, student support, transfers, visa‑related monitoring, suspension/cancellation of enrolments, complaints and appeals, and additional registration requirements. (See Standards 1–11.)
Makes several routine administrative and procedural duties mandatory for providers: keep specified written agreements and records (Standard 3), enter written contracts with education agents and log them in PRISMS (Standard 4), run documented policies for admission, recognition of prior learning and course credit (Standard 2), monitor course progress and attendance and report via PRISMS where required (Standard 8 and references to s.19(2) ESOS Act), and maintain complaints and appeals systems (Standard 10).
Imposes behavioural limits and reporting duties that affect market interaction and student mobility: providers must not use false or misleading marketing (Standard 1), must not actively recruit students in ways that conflict with transfer rules (Standards 1 and 7), may not enrol students transferring from another provider within the first six months of their principal course except in set circumstances (Standard 7), and must limit purely online/distance delivery to overseas students (modes of delivery in Standard 8).
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in National Code of Practice for Providers of Education and Training to Overseas Students 2018.
Australia offers a high-quality education experience to overseas students across all sectors, ranging from schools through to English language and foundation programs, to vocational education and training and higher education.
By providing a fair and accessible system that supports overseas students, Australia has gained an enviable reputation as a popular study destination. The Education Services for Overseas Students (ESOS) legislation is a robust framework that protects and enhances the experiences of overseas students in Australia.
International education can transform individuals, widening their intellectual horizons, opening them to new ideas and experiences, and extending their friendships. Their experiences, in turn, enrich Australian society and life.
The Australian Government acknowledges and values the contribution of overseas students who come to Australia from all over the world to study, live and work. The social and economic benefits of international education to individuals, institutions and the wider community, both in Australia and abroad, are well documented. In turn, Australia offers overseas students an enriching and high quality learning experience in a diverse cultural environment, helping to prepare them for a rewarding future. Australia’s natural assets, relaxed lifestyle and many tourist attractions make it one of the most appealing destinations in the world.
The benefits of international education and training depend on the quality of the courses and services provided to overseas students, and on public confidence in the integrity and quality of the international education sector.
The reputation and quality of Australia’s courses and international education services underpin long-term benefits for trade and foreign relations and are imperative to growth in trade in education services. The ESOS legislative framework is designed to uphold Australia’s high standards for, and commitment to, international education through a consistent national approach, and to support the integrity of the student visa system.
The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation are designed to protect the interests of overseas students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education, to provide tuition protection and support the integrity of the student visa program.
The ESOS legislative framework is complemented by the Migration Act 1958 (Migration Act) and Migration Regulations 1994 (Migration Regulations), the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), the National Vocational Education and Training Regulator Act 2011 (NVETR Act), and state and territory legislation relevant to the education and training of overseas students.
Under the ESOS Act, the purpose of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) is to set nationally consistent standards and procedures for registered providers and for persons who deliver education services on behalf of registered providers. The National Code supports the effective administration of the ESOS legislative framework by the Commonwealth and state and territory governments.
The National Code 2018 comprises the following:
Standard 1 Marketing information and practices: This standard sets out that registered providers must uphold the integrity and reputation of Australia’s education industry by ensuring the marketing of their courses and services is not false or misleading.
Standard 2 Recruitment of an overseas student: This standard sets out that registered providers must recruit responsibly by ensuring students are appropriately qualified for the course for which they seek enrolment, including having the necessary English language proficiency, educational qualifications and work experience. Students must have sufficient information to enable them to make informed decisions about studying with their chosen registered provider in Australia.
Standard 3 Formalisation of enrolment and written agreements: This standard sets out that registered providers must formalise their enrolment of overseas students through written agreements with overseas students. The written agreements protect the rights and set out the responsibilities of each party, as well as the courses and related education services to be provided, tuition and non-tuition fees payable, and refund policies.
Standard 4 Education agents: This standard sets out that registered providers must ensure that their education agents act ethically, honestly and in the best interests of overseas students as well as uphold the reputation of Australia’s international education sector.
Standard 5 Younger overseas students: This standard sets out that registered providers of overseas students aged under 18 must meet legislative or other regulatory requirements relating to child welfare and protection. Registered providers of overseas students aged under 18 must provide the students with emergency contact information and information about how to report actual or alleged abuse. Where the registered provider has taken on responsibility for the approval of welfare arrangements for a student who is under 18 years of age (for the purposes of the Migration Regulations), the registered provider must ensure the arrangements for the younger students are suitable, ongoing and appropriately managed until the student turns 18 years of age.
Standard 6 Overseas student support services: This standard sets out that registered providers must assist overseas students to adjust to study and life in Australia and have appropriate orientation programs that help overseas students to access the information and services they require.
Standard 7 Overseas student transfers: This standard sets out that registered providers must not knowingly enrol an overseas student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course (or for the school sector, until after the first six months of the first registered school sector course), except in certain circumstances.
Standard 8 Overseas student visa requirements: This standard sets out that registered providers must safeguard the integrity of Australia’s migration laws by supporting overseas students to complete their course within the required duration and fulfil their visa requirements for course attendance and course progress. Standard 8 sets flexible provisions to allow online learning while maintaining appropriate standards for overseas students to comply with student visa conditions.
Standard 9 Deferring, suspending or cancelling the overseas student’s enrolment: This standard sets out that registered providers must appropriately manage the enrolment of their overseas students and ensure all necessary information about enrolments has been provided to the relevant government department by maintaining updated information in the Provider Registration and International Student Management System (PRISMS) database.
Standard 10 Complaints and appeals: This standard sets out that registered providers must ensure their overseas students have the right to natural justice protected through access to professional, timely, inexpensive and documented complaints handling and appeals processes.
Standard 11 Additional registration requirements: This standard sets out that registered providers must continue to meet the requirements for CRICOS registration and ensure the ESOS agency for the registered provider approves, and has up-to-date information on, specific aspects of the registered provider’s operations and any registered courses.
The ESOS legislative framework is administered by a number of agencies across the Commonwealth and states and territories. Their roles are outlined briefly below.
Australia offers a high-quality education experience to overseas students across all sectors, ranging from schools through to English language and foundation programs, to vocational education and training and higher education.
By providing a fair and accessible system that supports overseas students, Australia has gained an enviable reputation as a popular study destination. The Education Services for Overseas Students (ESOS) legislation is a robust framework that protects and enhances the experiences of overseas students in Australia.
International education can transform individuals, widening their intellectual horizons, opening them to new ideas and experiences, and extending their friendships. Their experiences, in turn, enrich Australian society and life.
The Australian Government acknowledges and values the contribution of overseas students who come to Australia from all over the world to study, live and work. The social and economic benefits of international education to individuals, institutions and the wider community, both in Australia and abroad, are well documented. In turn, Australia offers overseas students an enriching and high quality learning experience in a diverse cultural environment, helping to prepare them for a rewarding future. Australia’s natural assets, relaxed lifestyle and many tourist attractions make it one of the most appealing destinations in the world.
The benefits of international education and training depend on the quality of the courses and services provided to overseas students, and on public confidence in the integrity and quality of the international education sector.
The reputation and quality of Australia’s courses and international education services underpin long-term benefits for trade and foreign relations and are imperative to growth in trade in education services. The ESOS legislative framework is designed to uphold Australia’s high standards for, and commitment to, international education through a consistent national approach, and to support the integrity of the student visa system.
The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation are designed to protect the interests of overseas students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education, to provide tuition protection and support the integrity of the student visa program.
The ESOS legislative framework is complemented by the Migration Act 1958 (Migration Act) and Migration Regulations 1994 (Migration Regulations), the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), the National Vocational Education and Training Regulator Act 2011 (NVETR Act), and state and territory legislation relevant to the education and training of overseas students.
Under the ESOS Act, the purpose of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) is to set nationally consistent standards and procedures for registered providers and for persons who deliver education services on behalf of registered providers. The National Code supports the effective administration of the ESOS legislative framework by the Commonwealth and state and territory governments.
The National Code 2018 comprises the following:
Standard 1 Marketing information and practices: This standard sets out that registered providers must uphold the integrity and reputation of Australia’s education industry by ensuring the marketing of their courses and services is not false or misleading.
Standard 2 Recruitment of an overseas student: This standard sets out that registered providers must recruit responsibly by ensuring students are appropriately qualified for the course for which they seek enrolment, including having the necessary English language proficiency, educational qualifications and work experience. Students must have sufficient information to enable them to make informed decisions about studying with their chosen registered provider in Australia.
Standard 3 Formalisation of enrolment and written agreements: This standard sets out that registered providers must formalise their enrolment of overseas students through written agreements with overseas students. The written agreements protect the rights and set out the responsibilities of each party, as well as the courses and related education services to be provided, tuition and non-tuition fees payable, and refund policies.
Standard 4 Education agents: This standard sets out that registered providers must ensure that their education agents act ethically, honestly and in the best interests of overseas students as well as uphold the reputation of Australia’s international education sector.
Standard 5 Younger overseas students: This standard sets out that registered providers of overseas students aged under 18 must meet legislative or other regulatory requirements relating to child welfare and protection. Registered providers of overseas students aged under 18 must provide the students with emergency contact information and information about how to report actual or alleged abuse. Where the registered provider has taken on responsibility for the approval of welfare arrangements for a student who is under 18 years of age (for the purposes of the Migration Regulations), the registered provider must ensure the arrangements for the younger students are suitable, ongoing and appropriately managed until the student turns 18 years of age.
Standard 6 Overseas student support services: This standard sets out that registered providers must assist overseas students to adjust to study and life in Australia and have appropriate orientation programs that help overseas students to access the information and services they require.
Standard 7 Overseas student transfers: This standard sets out that registered providers must not knowingly enrol an overseas student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course (or for the school sector, until after the first six months of the first registered school sector course), except in certain circumstances.
Standard 8 Overseas student visa requirements: This standard sets out that registered providers must safeguard the integrity of Australia’s migration laws by supporting overseas students to complete their course within the required duration and fulfil their visa requirements for course attendance and course progress. Standard 8 sets flexible provisions to allow online learning while maintaining appropriate standards for overseas students to comply with student visa conditions.
Standard 9 Deferring, suspending or cancelling the overseas student’s enrolment: This standard sets out that registered providers must appropriately manage the enrolment of their overseas students and ensure all necessary information about enrolments has been provided to the relevant government department by maintaining updated information in the Provider Registration and International Student Management System (PRISMS) database.
Standard 10 Complaints and appeals: This standard sets out that registered providers must ensure their overseas students have the right to natural justice protected through access to professional, timely, inexpensive and documented complaints handling and appeals processes.
Standard 11 Additional registration requirements: This standard sets out that registered providers must continue to meet the requirements for CRICOS registration and ensure the ESOS agency for the registered provider approves, and has up-to-date information on, specific aspects of the registered provider’s operations and any registered courses.
The ESOS legislative framework is administered by a number of agencies across the Commonwealth and states and territories. Their roles are outlined briefly below.
The Commonwealth Department of Education and Training is responsible for:
the overarching policy development and administration of the ESOS Act and its associated legislative framework, including the Tuition Protection Service (TPS) framework and the management of PRISMS
administering ESOS-related charges for cost recovery
final registration or renewal and compliance monitoring and enforcement decisions (including suspensions and cancellations) as the ESOS agency for schools.
The TPS is a placement and refund service to assist overseas students whose registered providers are unable to fully deliver their course of study. The TPS ensures overseas students can either:
complete their studies in another course or with another registered provider or
receive a refund of their unspent tuition fees.
The Department of Immigration and Border Protection (Immigration) is responsible for administration of the student visa program under the Migration Act and associated legislation. The ESOS framework also plays a role in ensuring registered providers uphold the integrity of Australia’s student visa program through their ongoing contact with overseas students during their stay in Australia. Under subsection 19(2) of the ESOS Act, registered providers are required to notify the Commonwealth when overseas students have breached their student visa conditions, such as by failing to maintain satisfactory course attendance or progress. The National Code 2018 sets out the course attendance, progress and completion requirements for overseas students that registered providers must monitor and report on.
The Tertiary Education Quality and Standards Agency (TEQSA) is Australia’s independent national regulator of the higher education sector. Under the ESOS Act, TEQSA is the ESOS agency for providers or registered providers of higher education courses.
The Australian Skills Quality Authority (ASQA) is the national regulator for the vocational education and training sector and registered training organisations (RTOs) (within the meaning of the NVETR Act) in Australia. Under the ESOS Act, ASQA is the ESOS agency for providers or registered providers of vocational education courses.
Both ASQA and TEQSA have powers to register providers to deliver courses to overseas students, as well as to investigate and instigate enforcement action against registered providers for breaches of the ESOS Act and the National Code.
ASQA and TEQSA also have oversight responsibilities for English Language Intensive Courses for Overseas Students (ELICOS) and foundation programs, except where these courses are delivered in the capacity of a school under the ESOS Act.
For schools seeking to register to provide courses to overseas students, the state, territory and Commonwealth systems are linked through the ESOS framework. Under ESOS, the designated State authority (DSA) plays a role in ESOS related functions in state and territory jurisdictions for:
school education and for ELICOS, foundation and non-award programs delivered by schools, and
school education courses delivered by other registered providers.
The DSA makes recommendations to the Commonwealth Department of Education and Training to register a school as a registered provider, including any conditions on that registration. Some states and territories also have their own legislation relating to education services for overseas students within the relevant jurisdiction, and may use that legislation to take enforcement action against a registered provider where appropriate and necessary.
The National Code 2018 sets standards to ensure education services meet the needs and expectations of overseas students who come to Australia, and satisfy the objectives of the ESOS Act.
The National Code complements the strong quality assurance frameworks used by government agencies to oversee the Australian education system.
ESOS agencies may use information given by providers for other purposes in assessing their registration or compliance under the ESOS Act.
The National Code has legal effect as expressly provided for by the ESOS Act. Therefore, breaches of the National Code by registered providers can result in actions being taken against a registered provider under Division 1A in Part 6 of the ESOS Act, including suspension or cancellation of registration.
Prior to accepting an overseas student or intending overseas student for enrolment in a course, the registered provider must make comprehensive, current and plain English information available to the overseas student or intending overseas student on:
The registered provider must have and implement a documented policy and process for assessing whether the overseas student’s English language proficiency, educational qualifications or work experience is sufficient to enable them to enter the course.
The registered provider must have and implement a documented policy and process for assessing and recording recognition of prior learning (RPL), and granting and recording course credit, if it intends to assess RPL or grant course credit. The decision to assess prior learning or grant course credit must preserve the integrity of the award to which it applies and comply with requirements of the underpinning educational framework of the course.
If the registered provider grants RPL or course credit to an overseas student, the registered provider must give a written record of the decision to the overseas student to accept and retain the written record of acceptance for two years after the overseas student ceases to be an accepted student.
If the registered provider grants the overseas student RPL or course credit that reduces the overseas student’s course length, the provider must:
The registered provider must enter into a written agreement with each education agent it engages to formally represent it, and enter and maintain the education agent’s details in PRISMS.
The written agreement must outline:
A registered provider must require its education agent to:
Where the registered provider becomes aware that, or has reason to believe, the education agent or an employee or subcontractor of that education agent has not complied with the education agent’s responsibilities under standards 4.2 and 4.3, the registered provider must take immediate corrective action.
Where the registered provider becomes aware, or has reason to believe, that the education agent or an employee or subcontractor of the education agent is engaging in false or misleading recruitment practices, the registered provider must immediately terminate its relationship with the education agent, or require the education agent to terminate its relationship with the employee or subcontractor who engaged in those practices.
The registered provider must not accept students from an education agent if it knows or reasonably suspects the education agent to be:
Unless Standard 4.8 applies, the registered provider must not give an education agent commission to an education agent, where the education agent commission is in relation to the recruitment of an overseas student who has commenced studying in a course with another registered provider.
The registered provider is permitted to give an education agent commission to an education agent where the education agent commission is in relation to the recruitment of an overseas student:
5.3.3.1 prior to the accommodation being approved
5.3.3.2 at least every six months thereafter.
include as part of their policy and processes for critical incidents under Standard 6 (Overseas student support services), a process for managing emergency situations and when welfare arrangements are disrupted for students under 18 years of age
maintain up-to-date records of the student's contact details as outlined in Standard 3.5, including the contact details of the student’s parent(s), legal guardian or any adult responsible for the student’s welfare
advise Immigration in the form required by that department:
have documented policies and processes for selecting, screening and monitoring any third parties engaged by the registered provider to organise and assess welfare and accommodation arrangements.
If the registered provider is no longer able to approve the welfare arrangements of a student, the registered provider must make all reasonable efforts to ensure that the student’s parents or legal guardians are notified immediately.
If the registered provider is unable to contact a student and has concerns for the student’s welfare, the registered provider must make all reasonable efforts to locate the student, including notifying the police and any other relevant Commonwealth, state or territory agencies as soon as practicable.
Where Standard 5.3 applies and the registered provider suspends or cancels the enrolment of the overseas student, the registered provider must continue to approve the welfare arrangements for that student until any of the following applies:
If the registered provider enrols a student under 18 years of age who has welfare arrangements approved by another registered provider, the receiving registered provider must:
The Commonwealth Department of Education and Training is responsible for:
the overarching policy development and administration of the ESOS Act and its associated legislative framework, including the Tuition Protection Service (TPS) framework and the management of PRISMS
administering ESOS-related charges for cost recovery
final registration or renewal and compliance monitoring and enforcement decisions (including suspensions and cancellations) as the ESOS agency for schools.
The TPS is a placement and refund service to assist overseas students whose registered providers are unable to fully deliver their course of study. The TPS ensures overseas students can either:
complete their studies in another course or with another registered provider or
receive a refund of their unspent tuition fees.
The Department of Immigration and Border Protection (Immigration) is responsible for administration of the student visa program under the Migration Act and associated legislation. The ESOS framework also plays a role in ensuring registered providers uphold the integrity of Australia’s student visa program through their ongoing contact with overseas students during their stay in Australia. Under subsection 19(2) of the ESOS Act, registered providers are required to notify the Commonwealth when overseas students have breached their student visa conditions, such as by failing to maintain satisfactory course attendance or progress. The National Code 2018 sets out the course attendance, progress and completion requirements for overseas students that registered providers must monitor and report on.
The Tertiary Education Quality and Standards Agency (TEQSA) is Australia’s independent national regulator of the higher education sector. Under the ESOS Act, TEQSA is the ESOS agency for providers or registered providers of higher education courses.
The Australian Skills Quality Authority (ASQA) is the national regulator for the vocational education and training sector and registered training organisations (RTOs) (within the meaning of the NVETR Act) in Australia. Under the ESOS Act, ASQA is the ESOS agency for providers or registered providers of vocational education courses.
Both ASQA and TEQSA have powers to register providers to deliver courses to overseas students, as well as to investigate and instigate enforcement action against registered providers for breaches of the ESOS Act and the National Code.
ASQA and TEQSA also have oversight responsibilities for English Language Intensive Courses for Overseas Students (ELICOS) and foundation programs, except where these courses are delivered in the capacity of a school under the ESOS Act.
For schools seeking to register to provide courses to overseas students, the state, territory and Commonwealth systems are linked through the ESOS framework. Under ESOS, the designated State authority (DSA) plays a role in ESOS related functions in state and territory jurisdictions for:
school education and for ELICOS, foundation and non-award programs delivered by schools, and
school education courses delivered by other registered providers.
The DSA makes recommendations to the Commonwealth Department of Education and Training to register a school as a registered provider, including any conditions on that registration. Some states and territories also have their own legislation relating to education services for overseas students within the relevant jurisdiction, and may use that legislation to take enforcement action against a registered provider where appropriate and necessary.
The National Code 2018 sets standards to ensure education services meet the needs and expectations of overseas students who come to Australia, and satisfy the objectives of the ESOS Act.
The National Code complements the strong quality assurance frameworks used by government agencies to oversee the Australian education system.
ESOS agencies may use information given by providers for other purposes in assessing their registration or compliance under the ESOS Act.
The National Code has legal effect as expressly provided for by the ESOS Act. Therefore, breaches of the National Code by registered providers can result in actions being taken against a registered provider under Division 1A in Part 6 of the ESOS Act, including suspension or cancellation of registration.
Australia offers a high-quality education experience to overseas students across all sectors, ranging from schools through to English language and foundation programs, to vocational education and training and higher education.
By providing a fair and accessible system that supports overseas students, Australia has gained an enviable reputation as a popular study destination. The Education Services for Overseas Students (ESOS) legislation is a robust framework that protects and enhances the experiences of overseas students in Australia.
International education can transform individuals, widening their intellectual horizons, opening them to new ideas and experiences, and extending their friendships. Their experiences, in turn, enrich Australian society and life.
The Australian Government acknowledges and values the contribution of overseas students who come to Australia from all over the world to study, live and work. The social and economic benefits of international education to individuals, institutions and the wider community, both in Australia and abroad, are well documented. In turn, Australia offers overseas students an enriching and high quality learning experience in a diverse cultural environment, helping to prepare them for a rewarding future. Australia’s natural assets, relaxed lifestyle and many tourist attractions make it one of the most appealing destinations in the world.
The benefits of international education and training depend on the quality of the courses and services provided to overseas students, and on public confidence in the integrity and quality of the international education sector.
The reputation and quality of Australia’s courses and international education services underpin long-term benefits for trade and foreign relations and are imperative to growth in trade in education services. The ESOS legislative framework is designed to uphold Australia’s high standards for, and commitment to, international education through a consistent national approach, and to support the integrity of the student visa system.
The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation are designed to protect the interests of overseas students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education, to provide tuition protection and support the integrity of the student visa program.
The ESOS legislative framework is complemented by the Migration Act 1958 (Migration Act) and Migration Regulations 1994 (Migration Regulations), the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), the National Vocational Education and Training Regulator Act 2011 (NVETR Act), and state and territory legislation relevant to the education and training of overseas students.
Under the ESOS Act, the purpose of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) is to set nationally consistent standards and procedures for registered providers and for persons who deliver education services on behalf of registered providers. The National Code supports the effective administration of the ESOS legislative framework by the Commonwealth and state and territory governments.
The National Code 2018 comprises the following:
Standard 1 Marketing information and practices: This standard sets out that registered providers must uphold the integrity and reputation of Australia’s education industry by ensuring the marketing of their courses and services is not false or misleading.
Standard 2 Recruitment of an overseas student: This standard sets out that registered providers must recruit responsibly by ensuring students are appropriately qualified for the course for which they seek enrolment, including having the necessary English language proficiency, educational qualifications and work experience. Students must have sufficient information to enable them to make informed decisions about studying with their chosen registered provider in Australia.
Standard 3 Formalisation of enrolment and written agreements: This standard sets out that registered providers must formalise their enrolment of overseas students through written agreements with overseas students. The written agreements protect the rights and set out the responsibilities of each party, as well as the courses and related education services to be provided, tuition and non-tuition fees payable, and refund policies.
Standard 4 Education agents: This standard sets out that registered providers must ensure that their education agents act ethically, honestly and in the best interests of overseas students as well as uphold the reputation of Australia’s international education sector.
Standard 5 Younger overseas students: This standard sets out that registered providers of overseas students aged under 18 must meet legislative or other regulatory requirements relating to child welfare and protection. Registered providers of overseas students aged under 18 must provide the students with emergency contact information and information about how to report actual or alleged abuse. Where the registered provider has taken on responsibility for the approval of welfare arrangements for a student who is under 18 years of age (for the purposes of the Migration Regulations), the registered provider must ensure the arrangements for the younger students are suitable, ongoing and appropriately managed until the student turns 18 years of age.
Standard 6 Overseas student support services: This standard sets out that registered providers must assist overseas students to adjust to study and life in Australia and have appropriate orientation programs that help overseas students to access the information and services they require.
Standard 7 Overseas student transfers: This standard sets out that registered providers must not knowingly enrol an overseas student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course (or for the school sector, until after the first six months of the first registered school sector course), except in certain circumstances.
Standard 8 Overseas student visa requirements: This standard sets out that registered providers must safeguard the integrity of Australia’s migration laws by supporting overseas students to complete their course within the required duration and fulfil their visa requirements for course attendance and course progress. Standard 8 sets flexible provisions to allow online learning while maintaining appropriate standards for overseas students to comply with student visa conditions.
Standard 9 Deferring, suspending or cancelling the overseas student’s enrolment: This standard sets out that registered providers must appropriately manage the enrolment of their overseas students and ensure all necessary information about enrolments has been provided to the relevant government department by maintaining updated information in the Provider Registration and International Student Management System (PRISMS) database.
Standard 10 Complaints and appeals: This standard sets out that registered providers must ensure their overseas students have the right to natural justice protected through access to professional, timely, inexpensive and documented complaints handling and appeals processes.
Standard 11 Additional registration requirements: This standard sets out that registered providers must continue to meet the requirements for CRICOS registration and ensure the ESOS agency for the registered provider approves, and has up-to-date information on, specific aspects of the registered provider’s operations and any registered courses.
The ESOS legislative framework is administered by a number of agencies across the Commonwealth and states and territories. Their roles are outlined briefly below.
The Commonwealth Department of Education and Training is responsible for:
the overarching policy development and administration of the ESOS Act and its associated legislative framework, including the Tuition Protection Service (TPS) framework and the management of PRISMS
administering ESOS-related charges for cost recovery
final registration or renewal and compliance monitoring and enforcement decisions (including suspensions and cancellations) as the ESOS agency for schools.
The TPS is a placement and refund service to assist overseas students whose registered providers are unable to fully deliver their course of study. The TPS ensures overseas students can either:
complete their studies in another course or with another registered provider or
receive a refund of their unspent tuition fees.
The Department of Immigration and Border Protection (Immigration) is responsible for administration of the student visa program under the Migration Act and associated legislation. The ESOS framework also plays a role in ensuring registered providers uphold the integrity of Australia’s student visa program through their ongoing contact with overseas students during their stay in Australia. Under subsection 19(2) of the ESOS Act, registered providers are required to notify the Commonwealth when overseas students have breached their student visa conditions, such as by failing to maintain satisfactory course attendance or progress. The National Code 2018 sets out the course attendance, progress and completion requirements for overseas students that registered providers must monitor and report on.
The Tertiary Education Quality and Standards Agency (TEQSA) is Australia’s independent national regulator of the higher education sector. Under the ESOS Act, TEQSA is the ESOS agency for providers or registered providers of higher education courses.
The Australian Skills Quality Authority (ASQA) is the national regulator for the vocational education and training sector and registered training organisations (RTOs) (within the meaning of the NVETR Act) in Australia. Under the ESOS Act, ASQA is the ESOS agency for providers or registered providers of vocational education courses.
Both ASQA and TEQSA have powers to register providers to deliver courses to overseas students, as well as to investigate and instigate enforcement action against registered providers for breaches of the ESOS Act and the National Code.
ASQA and TEQSA also have oversight responsibilities for English Language Intensive Courses for Overseas Students (ELICOS) and foundation programs, except where these courses are delivered in the capacity of a school under the ESOS Act.
For schools seeking to register to provide courses to overseas students, the state, territory and Commonwealth systems are linked through the ESOS framework. Under ESOS, the designated State authority (DSA) plays a role in ESOS related functions in state and territory jurisdictions for:
school education and for ELICOS, foundation and non-award programs delivered by schools, and
school education courses delivered by other registered providers.
The DSA makes recommendations to the Commonwealth Department of Education and Training to register a school as a registered provider, including any conditions on that registration. Some states and territories also have their own legislation relating to education services for overseas students within the relevant jurisdiction, and may use that legislation to take enforcement action against a registered provider where appropriate and necessary.
The National Code 2018 sets standards to ensure education services meet the needs and expectations of overseas students who come to Australia, and satisfy the objectives of the ESOS Act.
The National Code complements the strong quality assurance frameworks used by government agencies to oversee the Australian education system.
ESOS agencies may use information given by providers for other purposes in assessing their registration or compliance under the ESOS Act.
The National Code has legal effect as expressly provided for by the ESOS Act. Therefore, breaches of the National Code by registered providers can result in actions being taken against a registered provider under Division 1A in Part 6 of the ESOS Act, including suspension or cancellation of registration.
Prior to accepting an overseas student or intending overseas student for enrolment in a course, the registered provider must make comprehensive, current and plain English information available to the overseas student or intending overseas student on:
The registered provider must have and implement a documented policy and process for assessing whether the overseas student’s English language proficiency, educational qualifications or work experience is sufficient to enable them to enter the course.
The registered provider must have and implement a documented policy and process for assessing and recording recognition of prior learning (RPL), and granting and recording course credit, if it intends to assess RPL or grant course credit. The decision to assess prior learning or grant course credit must preserve the integrity of the award to which it applies and comply with requirements of the underpinning educational framework of the course.
If the registered provider grants RPL or course credit to an overseas student, the registered provider must give a written record of the decision to the overseas student to accept and retain the written record of acceptance for two years after the overseas student ceases to be an accepted student.
If the registered provider grants the overseas student RPL or course credit that reduces the overseas student’s course length, the provider must:
The registered provider must enter into a written agreement with each education agent it engages to formally represent it, and enter and maintain the education agent’s details in PRISMS.
The written agreement must outline:
A registered provider must require its education agent to:
Where the registered provider becomes aware that, or has reason to believe, the education agent or an employee or subcontractor of that education agent has not complied with the education agent’s responsibilities under standards 4.2 and 4.3, the registered provider must take immediate corrective action.
Where the registered provider becomes aware, or has reason to believe, that the education agent or an employee or subcontractor of the education agent is engaging in false or misleading recruitment practices, the registered provider must immediately terminate its relationship with the education agent, or require the education agent to terminate its relationship with the employee or subcontractor who engaged in those practices.
The registered provider must not accept students from an education agent if it knows or reasonably suspects the education agent to be:
Unless Standard 4.8 applies, the registered provider must not give an education agent commission to an education agent, where the education agent commission is in relation to the recruitment of an overseas student who has commenced studying in a course with another registered provider.
The registered provider is permitted to give an education agent commission to an education agent where the education agent commission is in relation to the recruitment of an overseas student:
5.3.3.1 prior to the accommodation being approved
5.3.3.2 at least every six months thereafter.
include as part of their policy and processes for critical incidents under Standard 6 (Overseas student support services), a process for managing emergency situations and when welfare arrangements are disrupted for students under 18 years of age
maintain up-to-date records of the student's contact details as outlined in Standard 3.5, including the contact details of the student’s parent(s), legal guardian or any adult responsible for the student’s welfare
advise Immigration in the form required by that department:
have documented policies and processes for selecting, screening and monitoring any third parties engaged by the registered provider to organise and assess welfare and accommodation arrangements.
If the registered provider is no longer able to approve the welfare arrangements of a student, the registered provider must make all reasonable efforts to ensure that the student’s parents or legal guardians are notified immediately.
If the registered provider is unable to contact a student and has concerns for the student’s welfare, the registered provider must make all reasonable efforts to locate the student, including notifying the police and any other relevant Commonwealth, state or territory agencies as soon as practicable.
Where Standard 5.3 applies and the registered provider suspends or cancels the enrolment of the overseas student, the registered provider must continue to approve the welfare arrangements for that student until any of the following applies:
If the registered provider enrols a student under 18 years of age who has welfare arrangements approved by another registered provider, the receiving registered provider must:
Australia offers a high-quality education experience to overseas students across all sectors, ranging from schools through to English language and foundation programs, to vocational education and training and higher education.
By providing a fair and accessible system that supports overseas students, Australia has gained an enviable reputation as a popular study destination. The Education Services for Overseas Students (ESOS) legislation is a robust framework that protects and enhances the experiences of overseas students in Australia.
International education can transform individuals, widening their intellectual horizons, opening them to new ideas and experiences, and extending their friendships. Their experiences, in turn, enrich Australian society and life.
The Australian Government acknowledges and values the contribution of overseas students who come to Australia from all over the world to study, live and work. The social and economic benefits of international education to individuals, institutions and the wider community, both in Australia and abroad, are well documented. In turn, Australia offers overseas students an enriching and high quality learning experience in a diverse cultural environment, helping to prepare them for a rewarding future. Australia’s natural assets, relaxed lifestyle and many tourist attractions make it one of the most appealing destinations in the world.
The benefits of international education and training depend on the quality of the courses and services provided to overseas students, and on public confidence in the integrity and quality of the international education sector.
The reputation and quality of Australia’s courses and international education services underpin long-term benefits for trade and foreign relations and are imperative to growth in trade in education services. The ESOS legislative framework is designed to uphold Australia’s high standards for, and commitment to, international education through a consistent national approach, and to support the integrity of the student visa system.
The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation are designed to protect the interests of overseas students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education, to provide tuition protection and support the integrity of the student visa program.
The ESOS legislative framework is complemented by the Migration Act 1958 (Migration Act) and Migration Regulations 1994 (Migration Regulations), the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), the National Vocational Education and Training Regulator Act 2011 (NVETR Act), and state and territory legislation relevant to the education and training of overseas students.
Under the ESOS Act, the purpose of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) is to set nationally consistent standards and procedures for registered providers and for persons who deliver education services on behalf of registered providers. The National Code supports the effective administration of the ESOS legislative framework by the Commonwealth and state and territory governments.
The National Code 2018 comprises the following:
Standard 1 Marketing information and practices: This standard sets out that registered providers must uphold the integrity and reputation of Australia’s education industry by ensuring the marketing of their courses and services is not false or misleading.
Standard 2 Recruitment of an overseas student: This standard sets out that registered providers must recruit responsibly by ensuring students are appropriately qualified for the course for which they seek enrolment, including having the necessary English language proficiency, educational qualifications and work experience. Students must have sufficient information to enable them to make informed decisions about studying with their chosen registered provider in Australia.
Standard 3 Formalisation of enrolment and written agreements: This standard sets out that registered providers must formalise their enrolment of overseas students through written agreements with overseas students. The written agreements protect the rights and set out the responsibilities of each party, as well as the courses and related education services to be provided, tuition and non-tuition fees payable, and refund policies.
Standard 4 Education agents: This standard sets out that registered providers must ensure that their education agents act ethically, honestly and in the best interests of overseas students as well as uphold the reputation of Australia’s international education sector.
Standard 5 Younger overseas students: This standard sets out that registered providers of overseas students aged under 18 must meet legislative or other regulatory requirements relating to child welfare and protection. Registered providers of overseas students aged under 18 must provide the students with emergency contact information and information about how to report actual or alleged abuse. Where the registered provider has taken on responsibility for the approval of welfare arrangements for a student who is under 18 years of age (for the purposes of the Migration Regulations), the registered provider must ensure the arrangements for the younger students are suitable, ongoing and appropriately managed until the student turns 18 years of age.
Standard 6 Overseas student support services: This standard sets out that registered providers must assist overseas students to adjust to study and life in Australia and have appropriate orientation programs that help overseas students to access the information and services they require.
Standard 7 Overseas student transfers: This standard sets out that registered providers must not knowingly enrol an overseas student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course (or for the school sector, until after the first six months of the first registered school sector course), except in certain circumstances.
Standard 8 Overseas student visa requirements: This standard sets out that registered providers must safeguard the integrity of Australia’s migration laws by supporting overseas students to complete their course within the required duration and fulfil their visa requirements for course attendance and course progress. Standard 8 sets flexible provisions to allow online learning while maintaining appropriate standards for overseas students to comply with student visa conditions.
Standard 9 Deferring, suspending or cancelling the overseas student’s enrolment: This standard sets out that registered providers must appropriately manage the enrolment of their overseas students and ensure all necessary information about enrolments has been provided to the relevant government department by maintaining updated information in the Provider Registration and International Student Management System (PRISMS) database.
Standard 10 Complaints and appeals: This standard sets out that registered providers must ensure their overseas students have the right to natural justice protected through access to professional, timely, inexpensive and documented complaints handling and appeals processes.
Standard 11 Additional registration requirements: This standard sets out that registered providers must continue to meet the requirements for CRICOS registration and ensure the ESOS agency for the registered provider approves, and has up-to-date information on, specific aspects of the registered provider’s operations and any registered courses.
The ESOS legislative framework is administered by a number of agencies across the Commonwealth and states and territories. Their roles are outlined briefly below.
The Commonwealth Department of Education and Training is responsible for:
the overarching policy development and administration of the ESOS Act and its associated legislative framework, including the Tuition Protection Service (TPS) framework and the management of PRISMS
administering ESOS-related charges for cost recovery
final registration or renewal and compliance monitoring and enforcement decisions (including suspensions and cancellations) as the ESOS agency for schools.
The TPS is a placement and refund service to assist overseas students whose registered providers are unable to fully deliver their course of study. The TPS ensures overseas students can either:
complete their studies in another course or with another registered provider or
receive a refund of their unspent tuition fees.
The Department of Immigration and Border Protection (Immigration) is responsible for administration of the student visa program under the Migration Act and associated legislation. The ESOS framework also plays a role in ensuring registered providers uphold the integrity of Australia’s student visa program through their ongoing contact with overseas students during their stay in Australia. Under subsection 19(2) of the ESOS Act, registered providers are required to notify the Commonwealth when overseas students have breached their student visa conditions, such as by failing to maintain satisfactory course attendance or progress. The National Code 2018 sets out the course attendance, progress and completion requirements for overseas students that registered providers must monitor and report on.
The Tertiary Education Quality and Standards Agency (TEQSA) is Australia’s independent national regulator of the higher education sector. Under the ESOS Act, TEQSA is the ESOS agency for providers or registered providers of higher education courses.
The Australian Skills Quality Authority (ASQA) is the national regulator for the vocational education and training sector and registered training organisations (RTOs) (within the meaning of the NVETR Act) in Australia. Under the ESOS Act, ASQA is the ESOS agency for providers or registered providers of vocational education courses.
Both ASQA and TEQSA have powers to register providers to deliver courses to overseas students, as well as to investigate and instigate enforcement action against registered providers for breaches of the ESOS Act and the National Code.
ASQA and TEQSA also have oversight responsibilities for English Language Intensive Courses for Overseas Students (ELICOS) and foundation programs, except where these courses are delivered in the capacity of a school under the ESOS Act.
For schools seeking to register to provide courses to overseas students, the state, territory and Commonwealth systems are linked through the ESOS framework. Under ESOS, the designated State authority (DSA) plays a role in ESOS related functions in state and territory jurisdictions for:
school education and for ELICOS, foundation and non-award programs delivered by schools, and
school education courses delivered by other registered providers.
The DSA makes recommendations to the Commonwealth Department of Education and Training to register a school as a registered provider, including any conditions on that registration. Some states and territories also have their own legislation relating to education services for overseas students within the relevant jurisdiction, and may use that legislation to take enforcement action against a registered provider where appropriate and necessary.
The National Code 2018 sets standards to ensure education services meet the needs and expectations of overseas students who come to Australia, and satisfy the objectives of the ESOS Act.
The National Code complements the strong quality assurance frameworks used by government agencies to oversee the Australian education system.
ESOS agencies may use information given by providers for other purposes in assessing their registration or compliance under the ESOS Act.
The National Code has legal effect as expressly provided for by the ESOS Act. Therefore, breaches of the National Code by registered providers can result in actions being taken against a registered provider under Division 1A in Part 6 of the ESOS Act, including suspension or cancellation of registration.
Prior to accepting an overseas student or intending overseas student for enrolment in a course, the registered provider must make comprehensive, current and plain English information available to the overseas student or intending overseas student on:
The registered provider must have and implement a documented policy and process for assessing whether the overseas student’s English language proficiency, educational qualifications or work experience is sufficient to enable them to enter the course.
The registered provider must have and implement a documented policy and process for assessing and recording recognition of prior learning (RPL), and granting and recording course credit, if it intends to assess RPL or grant course credit. The decision to assess prior learning or grant course credit must preserve the integrity of the award to which it applies and comply with requirements of the underpinning educational framework of the course.
If the registered provider grants RPL or course credit to an overseas student, the registered provider must give a written record of the decision to the overseas student to accept and retain the written record of acceptance for two years after the overseas student ceases to be an accepted student.
If the registered provider grants the overseas student RPL or course credit that reduces the overseas student’s course length, the provider must:
The registered provider must enter into a written agreement with each education agent it engages to formally represent it, and enter and maintain the education agent’s details in PRISMS.
The written agreement must outline:
A registered provider must require its education agent to:
Where the registered provider becomes aware that, or has reason to believe, the education agent or an employee or subcontractor of that education agent has not complied with the education agent’s responsibilities under standards 4.2 and 4.3, the registered provider must take immediate corrective action.
Where the registered provider becomes aware, or has reason to believe, that the education agent or an employee or subcontractor of the education agent is engaging in false or misleading recruitment practices, the registered provider must immediately terminate its relationship with the education agent, or require the education agent to terminate its relationship with the employee or subcontractor who engaged in those practices.
The registered provider must not accept students from an education agent if it knows or reasonably suspects the education agent to be:
Unless Standard 4.8 applies, the registered provider must not give an education agent commission to an education agent, where the education agent commission is in relation to the recruitment of an overseas student who has commenced studying in a course with another registered provider.
The registered provider is permitted to give an education agent commission to an education agent where the education agent commission is in relation to the recruitment of an overseas student:
5.3.3.1 prior to the accommodation being approved
5.3.3.2 at least every six months thereafter.
include as part of their policy and processes for critical incidents under Standard 6 (Overseas student support services), a process for managing emergency situations and when welfare arrangements are disrupted for students under 18 years of age
maintain up-to-date records of the student's contact details as outlined in Standard 3.5, including the contact details of the student’s parent(s), legal guardian or any adult responsible for the student’s welfare
advise Immigration in the form required by that department:
have documented policies and processes for selecting, screening and monitoring any third parties engaged by the registered provider to organise and assess welfare and accommodation arrangements.
If the registered provider is no longer able to approve the welfare arrangements of a student, the registered provider must make all reasonable efforts to ensure that the student’s parents or legal guardians are notified immediately.
If the registered provider is unable to contact a student and has concerns for the student’s welfare, the registered provider must make all reasonable efforts to locate the student, including notifying the police and any other relevant Commonwealth, state or territory agencies as soon as practicable.
Where Standard 5.3 applies and the registered provider suspends or cancels the enrolment of the overseas student, the registered provider must continue to approve the welfare arrangements for that student until any of the following applies:
If the registered provider enrols a student under 18 years of age who has welfare arrangements approved by another registered provider, the receiving registered provider must:
Australia offers a high-quality education experience to overseas students across all sectors, ranging from schools through to English language and foundation programs, to vocational education and training and higher education.
By providing a fair and accessible system that supports overseas students, Australia has gained an enviable reputation as a popular study destination. The Education Services for Overseas Students (ESOS) legislation is a robust framework that protects and enhances the experiences of overseas students in Australia.
International education can transform individuals, widening their intellectual horizons, opening them to new ideas and experiences, and extending their friendships. Their experiences, in turn, enrich Australian society and life.
The Australian Government acknowledges and values the contribution of overseas students who come to Australia from all over the world to study, live and work. The social and economic benefits of international education to individuals, institutions and the wider community, both in Australia and abroad, are well documented. In turn, Australia offers overseas students an enriching and high quality learning experience in a diverse cultural environment, helping to prepare them for a rewarding future. Australia’s natural assets, relaxed lifestyle and many tourist attractions make it one of the most appealing destinations in the world.
The benefits of international education and training depend on the quality of the courses and services provided to overseas students, and on public confidence in the integrity and quality of the international education sector.
The reputation and quality of Australia’s courses and international education services underpin long-term benefits for trade and foreign relations and are imperative to growth in trade in education services. The ESOS legislative framework is designed to uphold Australia’s high standards for, and commitment to, international education through a consistent national approach, and to support the integrity of the student visa system.
The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation are designed to protect the interests of overseas students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education, to provide tuition protection and support the integrity of the student visa program.
The ESOS legislative framework is complemented by the Migration Act 1958 (Migration Act) and Migration Regulations 1994 (Migration Regulations), the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), the National Vocational Education and Training Regulator Act 2011 (NVETR Act), and state and territory legislation relevant to the education and training of overseas students.
Under the ESOS Act, the purpose of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) is to set nationally consistent standards and procedures for registered providers and for persons who deliver education services on behalf of registered providers. The National Code supports the effective administration of the ESOS legislative framework by the Commonwealth and state and territory governments.
The National Code 2018 comprises the following:
Standard 1 Marketing information and practices: This standard sets out that registered providers must uphold the integrity and reputation of Australia’s education industry by ensuring the marketing of their courses and services is not false or misleading.
Standard 2 Recruitment of an overseas student: This standard sets out that registered providers must recruit responsibly by ensuring students are appropriately qualified for the course for which they seek enrolment, including having the necessary English language proficiency, educational qualifications and work experience. Students must have sufficient information to enable them to make informed decisions about studying with their chosen registered provider in Australia.
Standard 3 Formalisation of enrolment and written agreements: This standard sets out that registered providers must formalise their enrolment of overseas students through written agreements with overseas students. The written agreements protect the rights and set out the responsibilities of each party, as well as the courses and related education services to be provided, tuition and non-tuition fees payable, and refund policies.
Standard 4 Education agents: This standard sets out that registered providers must ensure that their education agents act ethically, honestly and in the best interests of overseas students as well as uphold the reputation of Australia’s international education sector.
Standard 5 Younger overseas students: This standard sets out that registered providers of overseas students aged under 18 must meet legislative or other regulatory requirements relating to child welfare and protection. Registered providers of overseas students aged under 18 must provide the students with emergency contact information and information about how to report actual or alleged abuse. Where the registered provider has taken on responsibility for the approval of welfare arrangements for a student who is under 18 years of age (for the purposes of the Migration Regulations), the registered provider must ensure the arrangements for the younger students are suitable, ongoing and appropriately managed until the student turns 18 years of age.
Standard 6 Overseas student support services: This standard sets out that registered providers must assist overseas students to adjust to study and life in Australia and have appropriate orientation programs that help overseas students to access the information and services they require.
Standard 7 Overseas student transfers: This standard sets out that registered providers must not knowingly enrol an overseas student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course (or for the school sector, until after the first six months of the first registered school sector course), except in certain circumstances.
Standard 8 Overseas student visa requirements: This standard sets out that registered providers must safeguard the integrity of Australia’s migration laws by supporting overseas students to complete their course within the required duration and fulfil their visa requirements for course attendance and course progress. Standard 8 sets flexible provisions to allow online learning while maintaining appropriate standards for overseas students to comply with student visa conditions.
Standard 9 Deferring, suspending or cancelling the overseas student’s enrolment: This standard sets out that registered providers must appropriately manage the enrolment of their overseas students and ensure all necessary information about enrolments has been provided to the relevant government department by maintaining updated information in the Provider Registration and International Student Management System (PRISMS) database.
Standard 10 Complaints and appeals: This standard sets out that registered providers must ensure their overseas students have the right to natural justice protected through access to professional, timely, inexpensive and documented complaints handling and appeals processes.
Standard 11 Additional registration requirements: This standard sets out that registered providers must continue to meet the requirements for CRICOS registration and ensure the ESOS agency for the registered provider approves, and has up-to-date information on, specific aspects of the registered provider’s operations and any registered courses.
The ESOS legislative framework is administered by a number of agencies across the Commonwealth and states and territories. Their roles are outlined briefly below.
The Commonwealth Department of Education and Training is responsible for:
the overarching policy development and administration of the ESOS Act and its associated legislative framework, including the Tuition Protection Service (TPS) framework and the management of PRISMS
administering ESOS-related charges for cost recovery
final registration or renewal and compliance monitoring and enforcement decisions (including suspensions and cancellations) as the ESOS agency for schools.
The TPS is a placement and refund service to assist overseas students whose registered providers are unable to fully deliver their course of study. The TPS ensures overseas students can either:
complete their studies in another course or with another registered provider or
receive a refund of their unspent tuition fees.
The Department of Immigration and Border Protection (Immigration) is responsible for administration of the student visa program under the Migration Act and associated legislation. The ESOS framework also plays a role in ensuring registered providers uphold the integrity of Australia’s student visa program through their ongoing contact with overseas students during their stay in Australia. Under subsection 19(2) of the ESOS Act, registered providers are required to notify the Commonwealth when overseas students have breached their student visa conditions, such as by failing to maintain satisfactory course attendance or progress. The National Code 2018 sets out the course attendance, progress and completion requirements for overseas students that registered providers must monitor and report on.
The Tertiary Education Quality and Standards Agency (TEQSA) is Australia’s independent national regulator of the higher education sector. Under the ESOS Act, TEQSA is the ESOS agency for providers or registered providers of higher education courses.
The Australian Skills Quality Authority (ASQA) is the national regulator for the vocational education and training sector and registered training organisations (RTOs) (within the meaning of the NVETR Act) in Australia. Under the ESOS Act, ASQA is the ESOS agency for providers or registered providers of vocational education courses.
Both ASQA and TEQSA have powers to register providers to deliver courses to overseas students, as well as to investigate and instigate enforcement action against registered providers for breaches of the ESOS Act and the National Code.
ASQA and TEQSA also have oversight responsibilities for English Language Intensive Courses for Overseas Students (ELICOS) and foundation programs, except where these courses are delivered in the capacity of a school under the ESOS Act.
For schools seeking to register to provide courses to overseas students, the state, territory and Commonwealth systems are linked through the ESOS framework. Under ESOS, the designated State authority (DSA) plays a role in ESOS related functions in state and territory jurisdictions for:
school education and for ELICOS, foundation and non-award programs delivered by schools, and
school education courses delivered by other registered providers.
The DSA makes recommendations to the Commonwealth Department of Education and Training to register a school as a registered provider, including any conditions on that registration. Some states and territories also have their own legislation relating to education services for overseas students within the relevant jurisdiction, and may use that legislation to take enforcement action against a registered provider where appropriate and necessary.
The National Code 2018 sets standards to ensure education services meet the needs and expectations of overseas students who come to Australia, and satisfy the objectives of the ESOS Act.
The National Code complements the strong quality assurance frameworks used by government agencies to oversee the Australian education system.
ESOS agencies may use information given by providers for other purposes in assessing their registration or compliance under the ESOS Act.
The National Code has legal effect as expressly provided for by the ESOS Act. Therefore, breaches of the National Code by registered providers can result in actions being taken against a registered provider under Division 1A in Part 6 of the ESOS Act, including suspension or cancellation of registration.
Prior to accepting an overseas student or intending overseas student for enrolment in a course, the registered provider must make comprehensive, current and plain English information available to the overseas student or intending overseas student on:
The registered provider must have and implement a documented policy and process for assessing whether the overseas student’s English language proficiency, educational qualifications or work experience is sufficient to enable them to enter the course.
The registered provider must have and implement a documented policy and process for assessing and recording recognition of prior learning (RPL), and granting and recording course credit, if it intends to assess RPL or grant course credit. The decision to assess prior learning or grant course credit must preserve the integrity of the award to which it applies and comply with requirements of the underpinning educational framework of the course.
If the registered provider grants RPL or course credit to an overseas student, the registered provider must give a written record of the decision to the overseas student to accept and retain the written record of acceptance for two years after the overseas student ceases to be an accepted student.
If the registered provider grants the overseas student RPL or course credit that reduces the overseas student’s course length, the provider must:
The registered provider must enter into a written agreement with each education agent it engages to formally represent it, and enter and maintain the education agent’s details in PRISMS.
The written agreement must outline:
A registered provider must require its education agent to:
Where the registered provider becomes aware that, or has reason to believe, the education agent or an employee or subcontractor of that education agent has not complied with the education agent’s responsibilities under standards 4.2 and 4.3, the registered provider must take immediate corrective action.
Where the registered provider becomes aware, or has reason to believe, that the education agent or an employee or subcontractor of the education agent is engaging in false or misleading recruitment practices, the registered provider must immediately terminate its relationship with the education agent, or require the education agent to terminate its relationship with the employee or subcontractor who engaged in those practices.
The registered provider must not accept students from an education agent if it knows or reasonably suspects the education agent to be:
Unless Standard 4.8 applies, the registered provider must not give an education agent commission to an education agent, where the education agent commission is in relation to the recruitment of an overseas student who has commenced studying in a course with another registered provider.
The registered provider is permitted to give an education agent commission to an education agent where the education agent commission is in relation to the recruitment of an overseas student:
5.3.3.1 prior to the accommodation being approved
5.3.3.2 at least every six months thereafter.
include as part of their policy and processes for critical incidents under Standard 6 (Overseas student support services), a process for managing emergency situations and when welfare arrangements are disrupted for students under 18 years of age
maintain up-to-date records of the student's contact details as outlined in Standard 3.5, including the contact details of the student’s parent(s), legal guardian or any adult responsible for the student’s welfare
advise Immigration in the form required by that department:
have documented policies and processes for selecting, screening and monitoring any third parties engaged by the registered provider to organise and assess welfare and accommodation arrangements.
If the registered provider is no longer able to approve the welfare arrangements of a student, the registered provider must make all reasonable efforts to ensure that the student’s parents or legal guardians are notified immediately.
If the registered provider is unable to contact a student and has concerns for the student’s welfare, the registered provider must make all reasonable efforts to locate the student, including notifying the police and any other relevant Commonwealth, state or territory agencies as soon as practicable.
Where Standard 5.3 applies and the registered provider suspends or cancels the enrolment of the overseas student, the registered provider must continue to approve the welfare arrangements for that student until any of the following applies:
If the registered provider enrols a student under 18 years of age who has welfare arrangements approved by another registered provider, the receiving registered provider must:
Prior to accepting an overseas student or intending overseas student for enrolment in a course, the registered provider must make comprehensive, current and plain English information available to the overseas student or intending overseas student on:
The registered provider must have and implement a documented policy and process for assessing whether the overseas student’s English language proficiency, educational qualifications or work experience is sufficient to enable them to enter the course.
The registered provider must have and implement a documented policy and process for assessing and recording recognition of prior learning (RPL), and granting and recording course credit, if it intends to assess RPL or grant course credit. The decision to assess prior learning or grant course credit must preserve the integrity of the award to which it applies and comply with requirements of the underpinning educational framework of the course.
If the registered provider grants RPL or course credit to an overseas student, the registered provider must give a written record of the decision to the overseas student to accept and retain the written record of acceptance for two years after the overseas student ceases to be an accepted student.
If the registered provider grants the overseas student RPL or course credit that reduces the overseas student’s course length, the provider must:
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Australia offers a high-quality education experience to overseas students across all sectors, ranging from schools through to English language and foundation programs, to vocational education and training and higher education.
By providing a fair and accessible system that supports overseas students, Australia has gained an enviable reputation as a popular study destination. The Education Services for Overseas Students (ESOS) legislation is a robust framework that protects and enhances the experiences of overseas students in Australia.
International education can transform individuals, widening their intellectual horizons, opening them to new ideas and experiences, and extending their friendships. Their experiences, in turn, enrich Australian society and life.
The Australian Government acknowledges and values the contribution of overseas students who come to Australia from all over the world to study, live and work. The social and economic benefits of international education to individuals, institutions and the wider community, both in Australia and abroad, are well documented. In turn, Australia offers overseas students an enriching and high quality learning experience in a diverse cultural environment, helping to prepare them for a rewarding future. Australia’s natural assets, relaxed lifestyle and many tourist attractions make it one of the most appealing destinations in the world.
The benefits of international education and training depend on the quality of the courses and services provided to overseas students, and on public confidence in the integrity and quality of the international education sector.
The reputation and quality of Australia’s courses and international education services underpin long-term benefits for trade and foreign relations and are imperative to growth in trade in education services. The ESOS legislative framework is designed to uphold Australia’s high standards for, and commitment to, international education through a consistent national approach, and to support the integrity of the student visa system.
The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation are designed to protect the interests of overseas students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education, to provide tuition protection and support the integrity of the student visa program.
Confers enforcement effect through the ESOS Act: breaches of these National Code standards can lead to action by the relevant ESOS agency (TEQSA, ASQA or the Department), including suspension or cancellation of CRICOS registration (effect described in Part A and Standard 11). The Code operates alongside the ESOS Act, Migration Act/Regulations and state laws.
Who is affected
Registered providers: universities, vocational training organisations (RTOs), schools and other CRICOS‑registered providers are the primary duty‑holders. They must adopt and document policies, keep records, monitor students and agents, and submit information to PRISMS (Standards 2–4, 8, 11).
Education agents and their subcontractors: must be contracted, screened and monitored; certain recruitment practices (including migration advice unless authorised) are prohibited; commission rules are restricted (Standard 4).
Overseas students and their parents/guardians: have prescribed rights to clear information before enrolment (Standard 2), written agreements and refund information (Standard 3), welfare protections if under 18 (Standard 5), remedies through internal and external complaints/appeals (Standard 10), and are subject to monitoring for course progress and attendance (Standard 8).
Commonwealth and state regulators: TEQSA, ASQA, the Department of Education (including TPS and PRISMS administrators), the Department of Immigration and designated State authorities share oversight and enforcement roles (Part A, sections describing agencies).
Why it matters (purpose claims and tests against costs/incentives)
Purpose claimed: the Code exists to protect overseas students, preserve Australia’s education reputation and support the integrity of the student visa program (Part A, sections 1–3). In operational terms it does this by setting minimum practice standards, prescribing monitoring/reporting duties, and giving regulators enforcement levers.
Costs and compliance burden: providers bear most direct costs. They must prepare and maintain documented policies and processes across many areas (admissions, RPL, transfer assessment, intervention strategies, critical incident management), train staff (student contact officers), run monitoring systems and retain records for specified periods (e.g. two years after a student ceases to be accepted) (Standards 2, 3, 6, 8). Small providers and private colleges are likely to face proportionally higher administrative costs.
Incentives and behaviour change: the Code creates incentives for providers to tighten recruitment practices (Standard 2), closely monitor progress and attendance (Standard 8), avoid misleading marketing (Standard 1), and control the behaviour of education agents (Standard 4). The six‑month transfer restriction (Standard 7) reduces early‑stage student mobility and creates an incentive for a student to commit to a provider’s program or to choose more carefully before arrival. Providers have an incentive to document and justify any refusal to release a transfer because of reporting implications (Standard 7.3–7.5).
Market effects and trade‑offs: limiting exclusive online delivery and capping online/distance units (Standard 8 modes of delivery) preserves face‑to‑face contact but constrains providers that would otherwise scale via online delivery and may increase delivery costs. Tight agent controls (including a prohibition on commissions in specified circumstances, with a transitional carve‑out to 31 March 2026) change agent revenue models and may reconfigure recruitment channels (Standard 4.5–4.6).
Enforcement and discretion: many duties require provider judgment (e.g. assessing compassionate/compelling circumstances for course extensions, determining when to apply an intervention strategy, assessing transfer requests). Regulators have discretion over registration approval and conditions (Standard 11, Part A). That discretion concentrates decision power with ESOS agencies and DSAs, and creates implementation risk where agencies differ in enforcement style.
Concrete implementation risks and likely unintended consequences
Administrative and IT load: increased PRISMS reporting and the need for detailed records may strain smaller providers or those with limited systems. PRISMS is the data conduit to Immigration and the Department; system errors or delays can have visa consequences for students (Standards 3, 8; Part A PRISMS references).
Lock‑in and student choice: the six‑month transfer rule (Standard 7) reduces short‑term switching, which protects providers from opportunistic poaching but reduces students’ ability to exit poor matches early and may concentrate complaints into formal appeal channels.
Agent behaviour migration: stricter agent rules and commission limits may push recruitment into unregulated channels or increase use of non‑commissioned promotional relationships. It may also concentrate recruitment with larger providers who can afford direct offshore offices.
Compliance asymmetry across sectors: sector‑specific obligations (schools, ELICOS, VET, higher education) and overlapping state rules create potential inconsistency in enforcement and higher compliance complexity for multi‑sector providers.
Summary (who pays, who decides, what changes)
Who pays: registered providers pay most compliance costs (policy development, record keeping, staff, reporting). Education agents face behavioural limits and changes to commission arrangements. Students pay indirectly if providers raise fees to cover compliance costs or if limits on online delivery raise delivery costs.
Who decides: providers make day‑to‑day decisions on recruitment, RPL, transfers, and welfare within the Code’s rules; ESOS agencies/DSAs and Immigration exercise registration, approval and enforcement powers.
What behaviour changes: providers will formalise policies, monitor students more actively, limit online-only offers to overseas students, tighten agent contracts and may alter marketing and recruitment channels to reduce regulatory risk (Standards 1–4, 8, 11).
Key provisions to note by number: Standard 1 (marketing), Standard 2 (recruitment/RPL), Standard 3 (written agreements and refunds), Standard 4 (education agents, including commission rules), Standard 5 (under‑18 welfare), Standard 7 (transfer restrictions — 6 month rule), Standard 8 (course progress, attendance, reporting, online/distance learning caps), Standard 9 (deferral/suspension/cancellation and notification to Immigration), Standard 10 (complaints and appeals), Standard 11 (registration approvals and evidence providers must show).
(References in parentheses above point to the Standards named in the Code and the Part A description of regulatory agencies and legal effect.)
The ESOS legislative framework is complemented by the Migration Act 1958 (Migration Act) and Migration Regulations 1994 (Migration Regulations), the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), the National Vocational Education and Training Regulator Act 2011 (NVETR Act), and state and territory legislation relevant to the education and training of overseas students.
Under the ESOS Act, the purpose of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) is to set nationally consistent standards and procedures for registered providers and for persons who deliver education services on behalf of registered providers. The National Code supports the effective administration of the ESOS legislative framework by the Commonwealth and state and territory governments.
The National Code 2018 comprises the following:
Standard 1 Marketing information and practices: This standard sets out that registered providers must uphold the integrity and reputation of Australia’s education industry by ensuring the marketing of their courses and services is not false or misleading.
Standard 2 Recruitment of an overseas student: This standard sets out that registered providers must recruit responsibly by ensuring students are appropriately qualified for the course for which they seek enrolment, including having the necessary English language proficiency, educational qualifications and work experience. Students must have sufficient information to enable them to make informed decisions about studying with their chosen registered provider in Australia.
Standard 3 Formalisation of enrolment and written agreements: This standard sets out that registered providers must formalise their enrolment of overseas students through written agreements with overseas students. The written agreements protect the rights and set out the responsibilities of each party, as well as the courses and related education services to be provided, tuition and non-tuition fees payable, and refund policies.
Standard 4 Education agents: This standard sets out that registered providers must ensure that their education agents act ethically, honestly and in the best interests of overseas students as well as uphold the reputation of Australia’s international education sector.
Standard 5 Younger overseas students: This standard sets out that registered providers of overseas students aged under 18 must meet legislative or other regulatory requirements relating to child welfare and protection. Registered providers of overseas students aged under 18 must provide the students with emergency contact information and information about how to report actual or alleged abuse. Where the registered provider has taken on responsibility for the approval of welfare arrangements for a student who is under 18 years of age (for the purposes of the Migration Regulations), the registered provider must ensure the arrangements for the younger students are suitable, ongoing and appropriately managed until the student turns 18 years of age.
Standard 6 Overseas student support services: This standard sets out that registered providers must assist overseas students to adjust to study and life in Australia and have appropriate orientation programs that help overseas students to access the information and services they require.
Standard 7 Overseas student transfers: This standard sets out that registered providers must not knowingly enrol an overseas student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course (or for the school sector, until after the first six months of the first registered school sector course), except in certain circumstances.
Standard 8 Overseas student visa requirements: This standard sets out that registered providers must safeguard the integrity of Australia’s migration laws by supporting overseas students to complete their course within the required duration and fulfil their visa requirements for course attendance and course progress. Standard 8 sets flexible provisions to allow online learning while maintaining appropriate standards for overseas students to comply with student visa conditions.
Standard 9 Deferring, suspending or cancelling the overseas student’s enrolment: This standard sets out that registered providers must appropriately manage the enrolment of their overseas students and ensure all necessary information about enrolments has been provided to the relevant government department by maintaining updated information in the Provider Registration and International Student Management System (PRISMS) database.
Standard 10 Complaints and appeals: This standard sets out that registered providers must ensure their overseas students have the right to natural justice protected through access to professional, timely, inexpensive and documented complaints handling and appeals processes.
Standard 11 Additional registration requirements: This standard sets out that registered providers must continue to meet the requirements for CRICOS registration and ensure the ESOS agency for the registered provider approves, and has up-to-date information on, specific aspects of the registered provider’s operations and any registered courses.
The ESOS legislative framework is administered by a number of agencies across the Commonwealth and states and territories. Their roles are outlined briefly below.
Australia offers a high-quality education experience to overseas students across all sectors, ranging from schools through to English language and foundation programs, to vocational education and training and higher education.
By providing a fair and accessible system that supports overseas students, Australia has gained an enviable reputation as a popular study destination. The Education Services for Overseas Students (ESOS) legislation is a robust framework that protects and enhances the experiences of overseas students in Australia.
International education can transform individuals, widening their intellectual horizons, opening them to new ideas and experiences, and extending their friendships. Their experiences, in turn, enrich Australian society and life.
The Australian Government acknowledges and values the contribution of overseas students who come to Australia from all over the world to study, live and work. The social and economic benefits of international education to individuals, institutions and the wider community, both in Australia and abroad, are well documented. In turn, Australia offers overseas students an enriching and high quality learning experience in a diverse cultural environment, helping to prepare them for a rewarding future. Australia’s natural assets, relaxed lifestyle and many tourist attractions make it one of the most appealing destinations in the world.
The benefits of international education and training depend on the quality of the courses and services provided to overseas students, and on public confidence in the integrity and quality of the international education sector.
The reputation and quality of Australia’s courses and international education services underpin long-term benefits for trade and foreign relations and are imperative to growth in trade in education services. The ESOS legislative framework is designed to uphold Australia’s high standards for, and commitment to, international education through a consistent national approach, and to support the integrity of the student visa system.
The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation are designed to protect the interests of overseas students coming to Australia on student visas. The legislation aims to protect and enhance Australia’s reputation for quality education, to provide tuition protection and support the integrity of the student visa program.
The ESOS legislative framework is complemented by the Migration Act 1958 (Migration Act) and Migration Regulations 1994 (Migration Regulations), the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act), the National Vocational Education and Training Regulator Act 2011 (NVETR Act), and state and territory legislation relevant to the education and training of overseas students.
Under the ESOS Act, the purpose of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) is to set nationally consistent standards and procedures for registered providers and for persons who deliver education services on behalf of registered providers. The National Code supports the effective administration of the ESOS legislative framework by the Commonwealth and state and territory governments.
The National Code 2018 comprises the following:
Standard 1 Marketing information and practices: This standard sets out that registered providers must uphold the integrity and reputation of Australia’s education industry by ensuring the marketing of their courses and services is not false or misleading.
Standard 2 Recruitment of an overseas student: This standard sets out that registered providers must recruit responsibly by ensuring students are appropriately qualified for the course for which they seek enrolment, including having the necessary English language proficiency, educational qualifications and work experience. Students must have sufficient information to enable them to make informed decisions about studying with their chosen registered provider in Australia.
Standard 3 Formalisation of enrolment and written agreements: This standard sets out that registered providers must formalise their enrolment of overseas students through written agreements with overseas students. The written agreements protect the rights and set out the responsibilities of each party, as well as the courses and related education services to be provided, tuition and non-tuition fees payable, and refund policies.
Standard 4 Education agents: This standard sets out that registered providers must ensure that their education agents act ethically, honestly and in the best interests of overseas students as well as uphold the reputation of Australia’s international education sector.
Standard 5 Younger overseas students: This standard sets out that registered providers of overseas students aged under 18 must meet legislative or other regulatory requirements relating to child welfare and protection. Registered providers of overseas students aged under 18 must provide the students with emergency contact information and information about how to report actual or alleged abuse. Where the registered provider has taken on responsibility for the approval of welfare arrangements for a student who is under 18 years of age (for the purposes of the Migration Regulations), the registered provider must ensure the arrangements for the younger students are suitable, ongoing and appropriately managed until the student turns 18 years of age.
Standard 6 Overseas student support services: This standard sets out that registered providers must assist overseas students to adjust to study and life in Australia and have appropriate orientation programs that help overseas students to access the information and services they require.
Standard 7 Overseas student transfers: This standard sets out that registered providers must not knowingly enrol an overseas student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course (or for the school sector, until after the first six months of the first registered school sector course), except in certain circumstances.
Standard 8 Overseas student visa requirements: This standard sets out that registered providers must safeguard the integrity of Australia’s migration laws by supporting overseas students to complete their course within the required duration and fulfil their visa requirements for course attendance and course progress. Standard 8 sets flexible provisions to allow online learning while maintaining appropriate standards for overseas students to comply with student visa conditions.
Standard 9 Deferring, suspending or cancelling the overseas student’s enrolment: This standard sets out that registered providers must appropriately manage the enrolment of their overseas students and ensure all necessary information about enrolments has been provided to the relevant government department by maintaining updated information in the Provider Registration and International Student Management System (PRISMS) database.
Standard 10
This is an opening excerpt, not the complete document.