Skip to main content
  • RTO Standards Guide
  • Accredited Course Standards Guide
  • asqanet
  • asqaconnect
Australian Government Australian Skills Quality Authority

Main navigation

  • RTOs
    Close
    RTOs
    • What is an RTO?
    • How to become an RTO
      • Prepare your RTO application
      • Submit your RTO registration application
      • How we assess RTO applications
      • RTO application decision
    • Renew RTO registration
      • How to renew your registration
      • How we assess your registration renewal
    • Change RTO scope
      • Change RTO scope | Add training products
      • Change RTO scope | TAE Training Package evidence
      • Change RTO scope | Application process
      • Change RTO scope | Remove training products
      • When training products change
    • Withdraw registration
    • Requirements and responsibilities
      • Complying with legislation
      • Complying with ASQA requirements
      • Qualifications and statements of attainment
      • Data collection and provision
      • Other licensing and registration requirements
    • Change RTO details
      • Change business address
      • Change key staff or their contact details
      • Change legal or business name
      • Change scope of registration
      • Change to financial status
      • Change to legal entity type, ownership, and mergers
      • Changes due to COVID-19
      • Keep delivery locations updated
    • Focus on compliance - Spotlight On
      • Series 1 | Trainers and assessors
      • Series 2 | Assessment Validation
      • Series 3 | Assessment
      • Series 4 | Student support
      • Series 5 | Marketing and advertising
    • Users’ guide to the Standards for RTOs 2015
      • Introduction to the RTO standards users' guide
      • Chapter 1—Marketing and recruitment
      • Chapter 2—Enrolment
      • Chapter 3—Support and progression
      • Chapter 4—Training and assessment
      • Chapter 5—Completion
      • Chapter 6—Regulatory compliance and governance practice
      • Appendix 1—Index to Standards/clauses as referenced in the users’ guide
      • Self-assessment tool
    • ASQA delegations
    • More support
  • ESOS providers
    Close
    ESOS providers
    • What is an ESOS provider?
    • How to become an ESOS provider
      • Prepare your ESOS application
      • Submit your application
      • How we assess ESOS applications
      • ESOS application decision
    • ESOS requirements
      • Education agents
      • Learner Transitions
      • Legislative obligations
      • Maintaining your registration
      • Obligations when facilitating student transfers
      • Overseas student attendance
      • Provider default obligations
      • Quality Indicators
      • Quality of training experience
      • Reporting obligations summary
      • Resourcing requirements—for applicants seeking initial registration or change to scope of registration
      • Retention requirements for completed student assessment items
      • Third party arrangements for training and/or assessment of VET courses
      • Written agreements with overseas students
    • English-language courses (ELICOS)
    • Change ESOS registration
      • Change ESOS registration | Application process
      • Change ESOS registration | Documentation requirements
      • Change ESOS registration | Fees
    • Renew registration
    • Change CRICOS details
    • How we process applications
    • Withdraw registration
    • More support
  • Course accreditation
    Close
    Course accreditation
    • What is an accredited course?
    • Apply for course accreditation
      • Step 1—VET course concept
      • Step 2—Course development
      • Step 3—Course submission
      • Step 4—Application assessment
      • Step 5—Decision
      • Users’ guide to developing a course document
    • Manage a course
      • Amend a course
      • Cancel a course
      • Extend a course
    • Renew a course
      • Step 1—Intention to renew
      • Step 2—Course redevelopment
      • Step 3—Submit course renewal
      • Step 4—Application assessment (renewal)
      • Step 5—Decision (renewal)
    • Course owner responsibilities
    • Users’ guide to the Standards for VET Accredited Courses
      • Foreword
      • About the Standards
      • About this guide
      • National course document template
      • Standards
      • Accredited courses guide appendices
    • More support—Course accreditation
  • Students
    Close
    Students
    • How ASQA can help students
    • Choosing a course and provider
    • Provider closures
    • Student records
    • Complaints about providers
    • More support
      • Courses and providers
  • Guidance & resources
    Close
    Guidance & resources
    • Focus on compliance - Spotlight On
      • Series 1 | Trainers and assessors
      • Series 2 | Assessment Validation
      • Series 3 | Assessment
      • Series 4 | Student support
      • Series 5 | Marketing and advertising
    • Online learning
      • Planning online learning
      • Marketing and enrolment for online learning
      • Online student support
      • Online training and assessment
    • Resources
      • Users' guide to Standards for RTOs 2015
      • Users’ guide to developing a course document
      • Accredited Course Standards Guide
      • Fact sheets
      • FAQs
      • Forms
      • Guidance for Providers
      • Guides and tools
      • Presentations
      • Publications
      • Videos and webinars
    • Third-party agreements
      • Third-party written agreements
      • Third-party agreements for VET in schools
    • ESOS requirements
      • ESOS Return to Compliance for face to face training
    • Annual declaration on compliance
    • Practical training and assessment
    • Managing natural disaster and pandemics
  • How we regulate
    Close
    How we regulate
    • Our approach
    • Risk-based regulation
    • Risk priorities
      • Student work placement
      • Academic integrity
      • Online delivery
      • Shortened course duration
      • Recognition of prior learning
      • VET workforce capability
      • International delivery
      • Governance through change
      • Setting our risk priorities
      • Previous risk priority and strategy documents
    • Self-assurance
      • Towards self-assurance
      • Draft model for self-assurance
      • Building a shared understanding of self-assurance
    • Strategic reviews
      • Past strategic reviews
    • Our regulatory practice
      • Record of decisions prior to 1st March 2021
    • How we engage and educate
      • Provider Roundtable
      • Stakeholder Liaison Group
      • Consultation
    • Performance assessment (audit)
      • How to prepare for a performance assessment
      • During your performance assessment
      • After your performance assessment: If you’re compliant
      • After your performance assessment: If you’re non-compliant
    • Provider profiles
  • About us
    Close
    About us
    • ASQA overview
      • Our role
      • Our values
      • Key legislation
      • Our leadership and organisation
      • National Vocational Education and Training Regulator Advisory Council
      • Work with us
    • VET sector overview
      • National register of VET
      • Training packages
    • Fees and charges
      • Current ASQA fees and charges
      • Annual registration charge
      • Transition arrangements
      • Cost Recovery Implementation Statement (CRIS)
      • How we consult on fees and charges
      • ELICOS fee relief
    • Reporting and accountability
      • Annual reports
      • Corporate Plan
      • Gifts and benefits register
      • Consultation
      • Service Charter and service standards
      • Surveys
      • Corporate publications
      • Privacy policy
      • APS employee census results
      • Financial reporting
      • Freedom of information
      • Vulnerability Disclosure Statement
      • Harradine report
      • Information publication scheme
      • Child Safety Policy
    • Contact us
      • Office locations
    • Complaints
      • Complaints about training providers
      • Complaints about ASQA
      • More support
    • Using this website
      • Accessibility
      • Disclaimer
      • Site map
      • Copyright
ESOS requirements
  • Education agents
  • Learner Transitions
  • Legislative obligations
  • Maintaining your registration
  • Obligations when facilitating student transfers
  • Overseas student attendance
  • Provider default obligations
  • Quality Indicators
  • Quality of training experience
  • Reporting obligations summary
  • Resourcing requirements—for applicants seeking initial registration or change to scope of registration
  • Retention requirements for completed student assessment items
  • Third party arrangements for training and/or assessment of VET courses
  • Written agreements with overseas students
  • Home
  • ESOS providers
  • ESOS requirements
  • Education agents

Education agents

Approximately 75 per cent of overseas students obtain the assistance of an education agent for research, enrolling and applying for a visa in Australia.

While ASQA recognises education agents play a vital role in recruiting overseas students for the Australian market, we play no part in the supervision of agents.

ASQA does monitor CRICOS providers to make sure they meet their obligations under the Education Services for Overseas Students Act 2000 (ESOS Act) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (the National Code 2018).

CRICOS providers have a responsibility to monitor their affiliated education agents’ activities under Standard 4 of the National Code 2018.

Standard 4 requires registered providers 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.

Please note, agreements with education agents to assist overseas students with enrolment into VET courses delivered by RTOs are classified as third party arrangements and are subject to the same rules. Find out more about third party arrangements.

The following paragraphs detail the responsibilities that CRICOS providers must be aware of when employing the services of education agents.

Written agreements

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

Any education agent that has a relationship with a provider must have their details entered and maintained in the Provider Registration and International Student Management System (PRISMS).

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. Non-compliance with these obligations is a strict liability offence.

A strict liability offence is an offence that has been committed, even in the absence of fault or criminal intent. See Division 6.1 of the Criminal Code Act 1995 for more information.

Education agent conduct

If you engage the services of an education agent, you must make sure the agent declares, in writing, that they will avoid conflicts of interest with their duties as an education agent.

You are also required to make sure education agents observe appropriate levels of confidentiality and transparency in their dealings with overseas students or intending overseas students. This behaviour includes acting honestly, in good faith and the best interests of the student.

Standard 4.3.4 of the National Code 2018 requires providers to ensure their education agents have knowledge and understanding of the international education system in Australia, including the Australian International Education and Training Agent Code of Ethics (PDF).

Corrective action and termination  

You must enforce a written agreement with an education agent. You will also need to ensure your agents are meeting their conduct obligations under Standard 4.3 of the National Code 2018.

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.
The self-assessment tools for registration as a CRICOS provider can be useful for helping ensure you are compliant with your obligations under Standard 4.
  • Examples of non-compliance received by the Overseas Student Ombudsman

    Example one:

    An agent enrolled a student in a course, but the course was full. The education provider cancelled the student's enrolment and refunded the tuition fees to the agent. However, the agent did not pass on the refund to the student. Following our investigation, the education provider reimbursed the student.

    Example two:

    The Department of Home Affairs refused to issue a student with a visa. The education provider refunded the tuition fees to the agent, but the agent did not pass the refund on to the student. The student complained and the education provider reimbursed the student directly and terminated its relationship with the agent.

  • Publishing education agent data

    In 2017, the ESOS Act was amended to allow for greater transparency around education agents’ performance. An explanatory memorandum accompanying these changes provides further information.

    The information providers may release about education agents includes:

    • the number of applications for student visas made by, or on behalf of, students recruited or otherwise dealt with by an agent which have been:
      • granted
      • refused
      • withdrawn
      • deemed invalid
    • the number of student visas issued to students recruited or otherwise dealt with by an 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 agent
    • the completion rates of accepted students recruited or otherwise dealt with by agents.

    Currently, providers receive data about the performance of the education agents they have agreements with, but this data is not made publicly available. On 10 October 2018, the Australian Government committed to publicly publishing performance data on education agents in Australia’s international education system. The then Department of Education and Training (now the Department of Education, Skills and Employment), released a policy paper setting out their strategy to meet this commitment.

    How to enter education agent data in PRISMS

    The Department of Education, Skills and Employment has published a provider user guide to PRISMS. Section 4.7 of this guide (pages 19–21) provides a clear set of instructions for entering education agent details in PRISMS. 

    CRICOS Provider Survey

    In 2021-22, ASQA engaged EY Sweeny to study provider management of education agents.

    We wanted to better understand the experiences and challenges for training providers working with agents and to identify ways to provide support.

    The survey was sent to 700+ providers of which 175 providers responded.

    Find out what they told us by viewing the Education agents – protecting Australian standards document.

    Was this page helpful?

    Share

    Print
    Australian Government Australian Skills Quality Authority
    Logo Working Together

    Footer

    • RTOs
    • Guidance & Resources
    • How we regulate
    • About Us
    • CRICOS
    • RTO standards
    • Our regulatory practice
    • Contact us
    • Students
    • Course accreditation
    • Privacy
    • Using this website

    Subscribe to our newsletter

    • Twitter
    • LinkedIn
    • YouTube
    Logo Working Together
    Aboriginal flag Flag TI

    The Australian Skills Quality Authority acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. We pay our respects to the people, the cultures and the elders past, present and emerging.