Easy Guide to ESOS
Australia has a reputation as a safe, progressive and dynamic place to study, and we maintain this reputation by providing quality education and consumer protection specifically developed for overseas students.
The Education Services for Overseas Students (ESOS) Act 2000 and associated legislation is the legal framework governing the responsibility of education institutions towards overseas students.
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ESOS Act and complementary legislation
The ESOS legislative framework comprises:
- Education Services for Overseas Students (ESOS) Act 2000
- Education Services for Overseas Students (ESOS) Regulations 2001
- The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (National Code)
- Education Services for Overseas Students (Registration Charges) Act 1997
- ESOS Assurance Fund Act.
Australia has a federal system of Government – one federal government and eight state and territory governments. The ESOS framework is administered by both levels of government. The result is a nationally consistent, high quality education and training system.
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The ESOS laws benefit two particular groups:
- It protects overseas students coming to Australia on student visas. It does not cover overseas students on other kinds of visas, nor does it cover students studying at Australian institutions based in other countries.
- It sets out clear roles and responsibilities for education institutions wanting to teach overseas students.
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The Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) is a database of more than 1200 Australian education institutions. Any education institution that recruits, enrols or teaches overseas students, must be registered on CRICOS.
Education institutions must also register each course they offer to overseas students.
Each institution and course registered on CRICOS has an identifying CRICOS number. The institution number must be shown on all promotional material offered to overseas students. If there is no number, then the institution may not be registered to teach overseas students.
To get registered an education institution must firstly satisfy state and territory government laws. However the Australian Government retains the final power to register a provider on CRICOS and must be satisfied they comply with the ESOS legislation.
To determine if an institution or course is registered on CRICOS, please check the publicly available website at: http://cricos.deewr.gov.au/
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The Provider Registration and International Students Management System (PRISMS) is a secure computer system that is the information source for CRICOS.
Education institutions and their courses are listed on PRISMS, as is each student studying in Australia on a student visa. That is because this system interfaces with the Department of Immigration and Citizenship (DIAC) data.
Through PRISMS education institutions notify DIAC of each student’s enrolment in a course. This should occur before the student applies for a student visa to study in Australia. The enrolment information generates an electronic Confirmation of Enrolment (CoE) as evidence of enrolment in a registered, full-time course. This CoE is a key requirement for DIAC to issue a student visa.
Education providers also use PRISMS to notify DIAC of students who may have breached the terms of their student visa - for example when the student has not been attending classes.
PRISMS has reduced visa fraud and ensured education institutions keep track of the students in their care.
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Ensuring students get what they paid for
The ESOS legislation requires all education providers to enter into a written agreement with overseas students when they enrol. The agreement must specify a student's entitlement to a refund in cases of both provider and student default.
For further information about the consumer protection provisions of the ESOS legislation refer to Refunds for International Students.
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What students should do if they want to enrol in a course in Australia
Make sure the education institution provides all the necessary information to make an informed choice. This includes things like a description of the course and environment, teaching methods, facilities, minimum English language proficiency, and a written agreement before paying any fees. Consult the National Code Part D Standard 2 and Standard 3 and visit the Study in Australia website for more detailed information.
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If students feel aggrieved
Students unhappy about the quality of their course should firstly try to resolve the matter with their education institution. If the issue cannot be resolved they can contact the Department of Education, Employment and Workplace Relations(DEEWR) for information and advice to help them understand their rights and obligations. Contact details are:
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How DEEWR makes the system work
DEEWR manages the legislative framework. It maintains CRICOS and PRISMS, and educates education institutions about their ESOS obligations. It works closely with DIAC and also has the authority to investigate education institutions to make sure they are complying with the ESOS laws.
DEEWR can impose sanctions against an education institution if they are not following the law. Sanctions include suspending or cancelling the right of the education institution to teach overseas students. Breaching the laws may also be a criminal offence attracting fines or imprisonment.
The ESOS Framework – providing quality and protecting your rights
A broad outline of the ESOS framework designed for prospective students is now available. ESOS framework (pdf 44kb)
Further information: aei.gov.au/ESOS
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Last Modified: Tuesday, 30 June 2009