Legislative obligations

Attention:
If you are CRICOS provider intending to place a hold on your registration during the COVID-19 outbreak, please be aware that you must fulfil your provider default obligations.

The ESOS Framework

Once registered as a CRICOS provider, you will need to meet the requirements of the Education Services for Overseas Students (ESOS) Framework at all times.

The ESOS framework includes the:

The Department of Education, Skills and Employment administers the ESOS Act and the related legislative instruments which govern:

  • the registration process and obligations of registered international education providers
  • the Tuition Protection Service
  • enforcement and compliance arrangements.

National Code 2018

The National Code sets out 11 nationally consistent standards that govern the protection of overseas students and the delivery of courses to those students by CRICOS providers.

The Department of Education, Skills and Employment is responsible for providing general information and assistance to registered providers on the National Code.

The Department has published fact sheets on each standard in the National Code.

When ASQA reviews the quality of a provider's training, we look at how a provider is performing in six key areas relating to a student's journey through their training course. Providing quality training for overseas students describes how the standards in the National Code align to these six areas.

Provider default

Provider default occurs when a student has not withdrawn their enrolment and either:

  • the provider fails to start providing a course to an enrolled student on an agreed starting day, or
  • the provider stops providing a course to a student at a location any time after the course has begun, but before it has completed.

See our page on provider default obligations for more information.

CRICOS providers delivering VET courses

If you are also registered as an RTO, you will need to meet the requirements for RTOs.

CRICOS providers delivering ELICOS courses

If you are delivering English-language courses, you will need to meet the ELICOS Standards 2018.

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