Education Services for Overseas Students (ESOS)
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Introduction
The Department of Education, Employment and Workplace Relations regulates the education and training sector’s involvement with overseas students studying in Australia on student visas. It does this through the Education Services for Overseas Students legislative framework. This protects Australia’s reputation for delivering quality education services and the interests of overseas students, by setting minimum standards and providing tuition and financial assurance.
The legislation mandates a nationally consistent approach to registering education providers so that the quality of the tuition, and care of students, remains high. The professionalism and integrity of the industry is further strengthened by the ESOS legislation’s interface with immigration law. This imposes visa related reporting requirements on both students and providers. A simple explanation of the framework is the Easy Guide to ESOS.
ESOS Amendment Bill
The Minister for Education, the Hon Julia Gillard, introduced on 19 August 2009 the Education Services for Overseas Students Amendment (Re-registration of Providers and Other Measures) Bill 2009.
A summary of the amendments are listed below:
- Re-registration of all institutions currently registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) by 31 December 2010.
- Two new registration requirements for education providers:
- the principal purpose of the provider is to provide education; and
- the provider has demonstrated capacity to provide education of a satisfactory standard.
- Providers to be required to list the names of education agents who represent them and promote their education services and to require providers to comply with any matters prescribed in the regulations concerning their agents.
- Discretionary removal of the prohibition on education providers collecting monies from studying students when a course has been suspended.
- Conditions imposed by states and territories on education providers to be recognised by the Commonwealth.
- Exemptions from punitive provider default refund requirements for providers changing their legal entity.
- Clarify the definition of “suitable alternative course”.
The amendments are the first in a series of measures the Government is taking to ensure Australia continues to offer world class quality international education in this challenging and changing environment.
Further complementary initiatives to enhance Australia’s ability to deliver quality education services to overseas students will include the review of the ESOS Act by the Hon Bruce Baird and the development of the National International Student Strategy under the Council of Australian Governments.
Once the Bill has passed through Parliament and received Royal Assent further information on the implementation of the amendments will be made available.
ESOS Legislative Framework
The ESOS Acts and Regulations set out the legal framework for the delivery of education to overseas students. It governs:
- Which providers may be registered
- The CRICOS registration process
- Obligations of providers
- Tuition assurance and consumer protection mechanisms
- Enforcement and compliance powers
- Charges providers pay to enrol overseas students.
National Code of Practice 2007
On 1 July 2007 the original National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students was substantially revised to improve clarity and to give institutions more flexibility. For students the changes brought about greater protection. All CRICOS-registered providers must comply with the provisions of the National Code of Practice 2007.
The National Code 2007 contains:
- A description of the principles and guidelines that underpin the National Code 2007;
- A description of the roles and responsibilities of state and territory governments;
- Requirements for CRICOS-registered providers; and
- Standards for CRICOS-registered providers.
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The Explanatory Guide
The Explanatory Guide mirrors the structure of the National Code of Practice 2007 with a focus on Part D. It contains:
- Education sector-specific case studies
- Instructions on how to apply standards to education sectors
- Sector-specific compliance tips
- The relationship of each standard to other standards and the ESOS Act
- Useful website addresses, phone numbers and eMail addresses.
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Further information