The Australian Government wants overseas students in Australia to have a safe, enjoyable and rewarding time while they study. Australia’s laws promote quality education and consumer protection for overseas students. These laws are known as the ESOS framework and they include the Education Services for Overseas (ESOS) Act 2000 and the National Code 2018.
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.
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.
All agents are required to be familiar with and abide by the above Code of Ethics as stipulated under Standard 4.3.4 of The National Code 2018.
The College shall not accept students from an education agent if it knows or reasonably suspects the education agent to be:
● Providing migration advice, unless that education agent is authorised to do so under the Migration Act
● Engaged in, or to have previously engaged in, dishonest recruitment practices, including the deliberate attempt to recruit a student where this clearly conflicts with the obligations of registered providers under Standard 7 (Overseas student transfers)
● Facilitating the enrolment of a student who the education agent believes will not comply with the conditions of his or her visa
● Using PRISMS to create Confirmation of Enrolments for other than bona fide students
Agents must ensure that all their staff who deal directly or indirectly with prospective and current international students are trained in the above regulatory standards along with the College’s policies and procedures.
Tuition Protection Service (TPS)
The Tuition Protection Service (TPS) has been in operation since 1 July 2012 and AuSC is registered with TPS.
In the unlikely event that your education provider is unable to deliver a course that you have paid for and does not meet their obligations to:
o either offer you an alternative course that you accept
o 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.