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ASQA releases guide to support providers to meet default obligations under the ESOS Act

To help providers understand their obligations regarding provider default, ASQA has produced the ‘Guide to provider default obligations under the ESOS Act’.

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.

Provider default occurs when a student has not withdrawn their enrolment and either: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

Providers have certain obligations in situations where they default in relation to an overseas student, or intending overseas students. Registered providers also have obligations to report defaults, and the actions they take after defaulting, in relation to an overseas student.

Registration hold and provider default

Any CRICOS providers who choose to put their registration on hold during the current COVID-19 pandemic should be aware that they will still be required to address their provider default obligations together with ASQA and the Tuition Protection Service (TPS) . In order to put their registration on hold, a CRICOS provider is obliged to first cease providing courses to its overseas students. The Guide to provider default under the ESOS Act provides information on how a provider can meet their obligations to these students in this situation.

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