Legislative 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.

The ESOS framework includes the:

• Education Services for Overseas Students Act 2000  
• Education Services for Overseas Students Regulations 2019
• Education Services for Overseas Students (Registration Charges) Act 1997  
• National Code of Practice for Providers of Education and Training to Overseas Students 2018
• ELICOS Standards 2018

The Department of Education 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 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

National Code 2018 factsheets

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Provider default occurs when a student has not withdrawn their enrolment and either: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

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