The ESOS Act Explained

A Comprehensive Guide for International Students in Australia

What is the ESOS Act?

The Education Services for Overseas Students Act 2000 (Cth), known as the ESOS Act, is the primary law governing the rights and responsibilities of international students in Australia. It protects the integrity of Australia’s education system by regulating education providers and ensuring that students receive high-quality services, fair treatment, and transparent processes.

Purpose of the ESOS Act

The ESOS Act exists to:

• Protect the interests of overseas students

• Ensure the quality and reliability of education services

• Strengthen compliance with student visa conditions

• Uphold Australia’s global education reputation

Your Rights as an International Student

Quality Education from Approved Providers

Only providers listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) can offer courses to overseas students. These institutions must meet strict quality standards and be monitored by government agencies.

Transparent Course Information and Enrolment

You must receive accurate and detailed course information before enrolling. Providers are prohibited from using misleading or deceptive marketing. A written agreement must be signed before enrolment begins, which includes:

• Tuition fees and refund terms

• Course dates and content

• Provider and student obligations

Tuition Fee Protection

You cannot be charged more than 50 percent of total tuition fees before the course starts, unless you choose to pay more. The Tuition Protection Service (TPS) safeguards your tuition fees in the event that:

• The provider is unable to deliver your course, or

• Your course is discontinued

The TPS will help you either enrol in a suitable alternative or receive a refund of unused fees.

Support and Notification

Providers must inform you and the Department of Home Affairs if you:

• Breach your visa conditions

• Change your enrolment

• Are withdrawn or complete your course early

Providers are also required to offer support services, orientation, and assistance with complaints or appeals.

Your Responsibilities Under the ESOS Act

Comply with Visa Conditions

You must:

• Remain enrolled in a full-time registered course

• Make satisfactory academic progress

• Maintain valid Overseas Student Health Cover (OSHC)

• Respect work-hour limitations attached to your visa

Keep Your Contact Information Updated

You are required to notify your provider of any change in:

• Address

• Mobile phone number

• Email address

This must be updated within seven days of the change and reconfirmed every six months.

Understand Your Rights and Agreements

Before enrolling, take time to review your written agreement, course expectations, and refund terms. Familiarise yourself with the complaints and appeals process.

Obligations of Education Providers

Registered CRICOS providers must:

• Be an Australian resident or approved under federal higher education legislation

• Notify authorities of any serious legal or financial misconduct involving their staff or associates

• Keep secure records of each student’s contact details, course enrolment, academic progress, and attendance

• Cooperate with audits and regulatory investigations

• Publish a list of authorised education agents

They are also required to maintain separate accounts for unearned tuition fees to ensure financial protection for students.

The National Code of Practice

The National Code is a legally enforceable set of standards under the ESOS framework. It governs:

• Student support services

• Student engagement and progress

• Course changes and transfers

• Complaints and appeals

• Monitoring of education agents

Compliance with the National Code is mandatory for all CRICOS providers.

Enforcement and Penalties

Regulators such as the Tertiary Education Quality and Standards Agency (TEQSA), the Australian Skills Quality Authority (ASQA), and the ESOS agency may:

• Conduct random or scheduled audits

• Issue notices requiring documentation

• Apply financial penalties or deregister non-compliant providers

These enforcement mechanisms are designed to maintain a high-quality, safe, and fair education environment for overseas students.

Definitions

CRICOS
The official register of Australian education providers and their approved courses for overseas students.

Accepted Student
A student who has signed a written agreement and paid tuition fees.

Tuition Protection Service (TPS)
A service that helps students find alternatives or receive refunds if their provider fails to deliver the agreed course.

Designated State Authority
The state-based education regulators for school-based international student programs.

ELICOS
English Language Intensive Courses for Overseas Students.

Start Your Study Journey with Confidence

Choosing to study in Australia is an exciting step toward your future. By understanding your rights under the ESOS Act, you can make informed decisions and enjoy a safe, supported, and rewarding academic experience.

To find a registered CRICOS course provider and apply for your studies, visit MyCourseFinder.com. Our platform allows you to:

• Explore approved institutions and courses

• Compare entry requirements and tuition fees

• Submit your application directly to Australian providers

Start your journey today with confidence, protection, and expert support—at MyCourseFinder.com.