Education agents

ESOS providers are required to make sure they meet their obligations when using the service of Education Agents under the Education Services for Overseas Students Act 2000 - Federal Register of Legislation (ESOS Act) and Standard 4 the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (the National Code 2018).

ESOS providers have a responsibility to monitor their affiliated education agents activities to ensure their agents' act ‘ethically, honestly, and in the best interests of students’. Providers are also required to take action where an agent has not complied with their responsibilities.

Find out more about Education Agents from the Department of Education. 

A registered provider must require its education agent to: 

• declare in writing and take reasonable steps to avoid conflicts of interests with its duties as an education agent of the registered provider
• observe appropriate levels of confidentiality and transparency in their dealings with overseas students or intending overseas students
• act honestly and in good faith, and in the best interests of the student, and
• have appropriate knowledge and understanding of the international education system in Australia, including the Australian International Education and Training Agent Code of Ethics.

ESOS providers must be aware of the following of when employing the services of education agents.

Written agreements

You must have a written agreement with each education agent you work with. You may determine the format and content of the written agreement, and the agreement must:

• outline your obligations to be compliant with the ESOS Act and National Code 2018
• set out the education agent’s legal requirements under Standard 4 of the National Code 2018
• detail a process for monitoring the activities of the education agent and ensuring the education agent is giving students accurate information about your provider services
• describe the actions you will take if the education agent does not comply with its obligations in the written agreement which includes providing for corrective action outlined in Standard 4.4
• describe the grounds for terminating the written agreement with the education agent and should cover for the circumstances for termination outlined in Standard 4.5
• specify the conditions where information about the education agent may be disclosed to Australian, state or territory agencies.

Publishing and updating education agent associations

You must maintain a list of education agents your organisation is associated with. You must also enter this information into PRISMS and publish it on your website.

You need to notify ASQA if:

1. your provider, or an associate of your provider, begins to own or control an education agent  
2. there is a change in the ownership or control of an education agent by your provider or an associate of your provider  
3. an education agent, or an associate of the education agent, begins to own or control your provider  
4. there is a change in the ownership or control of your provider by an education agent or an associate of the education agent. 

You must notify ASQA by completing the Education Agent Ownership and Control Notification template and submitting the completed details using the 'Other significant event' option of the Notification of Material Change form. We have published a guide to the process to assist.

• Guide to Education Agent Ownership and Control Notification v1.0

Non-compliance obligations is a strict liability offence.

Corrective action and termination  

If you become aware of, or suspect, an education agent has been non-compliant with their obligations, you must take immediate corrective action. This corrective action may include termination of your agreement with the education agent.

If you become aware of an education agent engaging in false or misleading recruitment practices, you should terminate your relationship with that education agent immediately.

You must not accept students from an education agent if you know, or reasonably suspect, the agent is:

• providing migration advice without being authorised to under the Migration Act 1958
• engaged in, or has previously participated in, dishonest recruitment practices
• assisting the enrolment of a student who the education agent believes will not comply with the conditions of their visa
• using PRISMS to create confirmations of enrolment for non-genuine students.

Publishing information about education agents

The ESOS Act allows for greater transparency around education agents’ performance. The information given or published may relate to:

• the number of applications for student visas made by, or on behalf of, students recruited or otherwise dealt with by an education agent which have been granted, refused, withdrawn or deemed invalid.
• the number of student visas issued to students recruited or otherwise dealt with by an education agent which have been cancelled or ceased to be in effect
• the number of students accepted for enrolment in courses provided by registered providers by students recruited or otherwise dealt with by an education agent
• the completion rates of accepted students recruited or otherwise dealt with by education agents.

More information about education agents will be made available to providers through PRISMS, in addition to the existing education agent data that is available. Providers will be able to access information about all agents used by all providers, not just the education agents they currently work with. 

This includes education agent information on:

• the number of transfers of accepted students from one provider to another
• the number of transfers of accepted students from one course to a different course, and
• information about education agent commissions.

Providers will be notified through PRISMS when this information becomes available.