| Type of entry |
Past Regulatory Changes |
| Title |
The Education Services for Overseas Students (ESOS) Act 2000
Education Services for Overseas Students (ESOS) Regulations 2001
Education Services for Overseas Students (Registration Charges) Act 1997
Education Services for Overseas Students (Assurance Fund Contributions) Act 2000
National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (The National Code) 2001 |
| Description of issue |
The ESOS Acts and regulations set out the legal framework governing delivery of education to overseas students studying in Australia on a student visa.
Section 176A of the ESOS Act required an independent evaluation of the Act within 3 years after receiving the royal assent. Following its completion and subsequent consultation with States and Territories and representatives of international education sector peak bodies the National Code was substantially revised.
Students now have more flexible study options and are served by a stronger appeals and complaints process. Education providers have more autonomy to manage a student’s enrolment and monitor their progress.
Further details can be obtained on the following website www.aei.dest.gov.au/ESOS |
| Date of effect
|
The ESOS Act and ESOS (Registration Charges) Act were amended with effect from 1 January 2007
National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (The National Code 2007) – with effect from 1 July 2007 |
| Contact details |
Erica Lewis
Assistant Director
ESOS Policy and Government Liaison Unit
International Quality Branch
International Education Group
DEST
P: 02 6240 7623
F: 02 6123 7913 |
TITLE: Legislation regulating the provision of education and training services to students studying in Australia on student visas.
DESCRIPTION OF ISSUE: The provision of education and training services to overseas students in Australia is regulated by the Department through the administration of the Education Services for Overseas Students Act 2000 (ESOS Act), Education Services for Overseas Students Regulations 2001 (ESOS Regulations) and National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (National Code).
The purpose of the legislation is to protect the interests of people coming to Australia on student visas, by providing tuition and financial assurance and by ensuring a nationally consistent approach to provider registration. All registered providers are listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). The National Code provides nationally consistent standards for the registration and conduct of registered providers and the conduct of persons who deliver educational services on behalf of registered providers. The legislation also seeks to ensure the integrity of the industry through visa-related reporting requirements.
The National Code sets standards for registration on CRICOS, including standards and procedures to be met in order to be registered; minimum standards of educational resources and facilities; standards for marketing and recruitment activities; standards in making agreements relating to refunds of course money; and, standards required of registered providers in connection with their dealings with their agents and other providers of a course. The transitional arrangements of the National Code ended on 1 January 2002, and all providers must comply with its requirements from that date.
DATE OF EFFECT: The ESOS Act 2000 commenced on 4 June 2001.
INDUSTRIES AFFECTED: Education and training export industry
TOPIC: International trade - export
Contact for further information:
esos@dest.gov.au
Phone: (02) 6240 5069
Fax: (02) 6240 7789
http://www.dest.gov.au/esos/default.htm
TITLE: Amendment to Federal Legislation supporting the regulation of the provision of education and training services to students studying in Australia on student visas.
DESCRIPTION OF ISSUE: The Education Services for Overseas Students (Registration Charges) Act 1997 was amended on 23 September 2003. This change to the way in which registration payments are calculated affects all education/training providers who are registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
The Government recovers the costs of administering the ESOS Act through the two charges (an initial registration charge and annual registration charges), enabling the Government to:
ensure that international students in Australia receive the education and training for which they have paid;
protect the reputation and integrity of Australia’s education and training export industry; and
strengthen public confidence in the integrity of the student visa program.
The charges also fund the Government’s broader activities in supporting and expanding Australia’s international education industry.
Amendments to the Act ensure that the cost of annual registration for providers is now directly based upon a flat fee plus the number of total enrolments of overseas students for the previous year, irrespective of the size of the provider. In 2004 the cost of annual registration for all providers is $300 plus $25 per enrolment.
DATE OF EFFECT: The ESOS (Registration Charges) Amendment Act 2003 commenced on 23 September 2003.
INDUSTRIES AFFECTED: Education and training export industry
TOPIC: International trade - Export
Contact for further information:
esos@dest.gov.au
Phone: (02) 6240 5069
Fax: (02) 6240 7789
http://www.dest.gov.au/esos/default.htm