Education Services for Overseas Students Legislative Framework (ESOS)
International students studying in Australia on a student visa are protected under the Education Services for Overseas Students (ESOS) Act 2000. The Act sets out the legal framework for the delivery of quality education by setting standards. The framework also provides tuition and financial assurance through the Tuition Protection Service.
The Legislative Framework incorporates the:
The legislation aims to protect international students and guarantee quality education.
The education providers and the courses they offer to international students must be registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
Access the ESOS Framework Student Fact Sheet for more information including the rights and responsibilities of international students.
Please note, the Legislative Framework relates only to students who are enrolled in an onshore program and remain in Australia on a Student Visa. This Legislation does not apply to students undertaking offshore programs or remaining in Australia on a temporary visa other than a Student Visa.
Tuition Protection Service (TPS)
The Tuition Protection Service (TPS) has been in operation since 1 July 2012. In the unlikely event your education provider is unable to deliver a course you have paid for and does not meet their obligations to either offer you an alternative course that you accept or pay you a refund of your unspent prepaid tuition fees the TPS will assist you in finding an alternative course or to get a refund if a suitable alternative is not found. For more information on the TPS see TPS Brochure and the TPS Website.
The ESOS framework protects your rights, including:
- Your right to receive, before enrolling, current and accurate information about the courses, fees modes of study and other information from your provider and your provider’s agent. If you are under 18, to ensure your safety, you will be granted a visa only if there are arrangements in place for your accommodation, support and welfare.
- Your right to sign a written agreement with your provider before or as you pay fees, setting out the services to be provided, fees payable and information about refunds of course money. You should keep a copy of your written agreement.
- Your right to get the education you paid for. The ESOS framework includes consumer protection that will allow you to receive a refund or to be placed in another course if your provider is unable to teach your course.
- Your right to know:
- How to use your provider’s student support services;
- Who the contact officer or officers are for overseas students;
- If you can apply for course credit;
- When your enrolment can be deferred, suspended or cancelled;
- What your provider’s requirements are for satisfactory progress in the courses you study;
- If attendance will be monitored for those courses;
- What will happen if you want to change providers; and
- How to use your provider’s complaints and appeals process.
As an overseas student on a student visa, you have responsibilities to:
- Satisfy your student visa conditions;
- Maintain your Overseas Student Health Cover (OSHC) for the period of your stay;
- Meet the terms of the written agreement with your provider;
- Inform your provider if you change your address;
- Maintain satisfactory course progress;
- If attendance is recorded for your course,
- Follow your provider’s attendance policy; and
- If you are under 18, maintain your approved accommodation, support and general welfare arrangements.