Amendments to the ESOS Act effective 27 September 2021

Recent amendments to the Education Services for Overseas Students Act 2000 (ESOS Act) have replaced existing legislation around monitoring, investigation, and enforcement. This brings the ESOS Act and the National Vocational Education and Training Regulator Act 2011 (NVR Act) into closer alignment.

ASQA’s regulation of training providers will remain the same, with a commitment to best practice regulation to ensure quality outcomes and integrity in VET and ELICOS training.

The regulatory implications for training providers are minor, however some changes include:

  • the ways a penalty amount is calculated for an infringement notice
  • allowances for person(s) to assist an Authorised Officer, and therefore exercise powers and use reasonable force in relation to things as required
  • broadening of the definition of evidential material, aligning it more closely to the definition contained in the NVR Act.

The amendments to the ESOS Act replace the existing monitoring, investigation, and enforcement powers with largely equivalent powers under the Regulatory Powers (Standard Provisions) Act 2014 (RPSP Act). The RPSP Act contains a standard set of regulatory provisions that exist to provide consistent regulatory powers and promote best practice regulation across Commonwealth regulators.

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