The Education Services for Overseas Students 2000 (the ESOS Act) requires training providers to provide tuition assurance for overseas students for courses for which they have paid, and refunds where applicable.
Providers have certain obligations in situations where they default in relation to an overseas student, or intending overseas student. Registered providers also have obligations to report defaults, and the actions they take after defaulting, in relation to an overseas student.
This guide is designed to assist providers registered under the ESOS Act with their compliance obligations under the ESOS Framework. It has been developed specifically for providers that are registered with and regulated by the Australian Skills Quality Authority (ASQA).
Providers that are registered by other ESOS agencies, such as the Tertiary Education and Skills Quality Agency (TEQSA) or the Department of Education, Skills and Employment (DESE), are encouraged to contact their respective ESOS agency for guidance in circumstances of provider default.
The guide references requirements under the:
- Education Services for Overseas Students Act 2000
- Education Services for Overseas Students (Notifying provider default—requirements for a notice) Determination 2012 (No. 1)
- Education Services for Overseas Students (Provider default—discharge of obligations—requirements for a notice) Determination 2012 (No. 1)
- Education Services for Overseas Students (Calculation of Refund) Specification 2014
- National Code of Practice for Providers of Education and Training to Overseas Students 2018.
Using this guide
The guide is divided into the following sections: