Recent legislative changes

On 3 September 2026 the Hon Julian Hill MP, Assistant Minister for International Education, made a legislative instrument specifying the course BSB80120 Graduate Diploma of Management (Learning) (GDML) for automatic suspension and cancellation under section 96B of the Education Services for Overseas Students Act 2000 (ESOS Act).  

From 5 October 2026, CRICOS providers will not be able to issue new Confirmation of Enrolments (CoEs) for, enrol new overseas students in, or commence overseas students who have not yet commenced, GDML. Providers can continue to deliver the GDML to existing overseas students who have already commenced the course by 5 October 2026.  

Under the instrument:

• if a CRICOS provider does not have any overseas students who are enrolled in and have commenced the GDML by 5 October 2026, the qualification will be automatically cancelled on the provider’s CRICOS scope
• any CoE that is associated with the GDML will be automatically cancelled on 5 October 2026 for students who have not commenced this course
• if a provider has overseas students who are enrolled in and have commenced the GDML by 5 October 2026, the qualification will be automatically suspended on the provider’s CRICOS scope. No new students will be permitted to enrol in or commence the GDML after this date, but those currently studying can continue to do so. Once these students have completed or withdrawn from the GDML, the qualification will be automatically cancelled from the provider's CRICOS scope across all locations.

This measure forms part of broader government action to protect the integrity and reputation of Australia’s student visa program and international education sector.  

• Further information about provider obligations during a default can be found on our default obligations page. There are also provider and student Fact Sheets available on the Department of Education’s website, Department of Education Graduate Diploma Management (Learning) Course Cancellation Fact Sheet.

On 10 July 2026, the National Vocational Education and Training Regulator (Data Provision Requirements) Amendment (Data Streamlining) Instrument 2026 was released to amend the National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020. The Data Provision Requirements Amendment will come into effect from 1 October 2026. The amendment, alongside the publication of the VET Information Standard, marks an important milestone in the delivery of the VET Data Streamlining Program. Together, they establish a new approach to VET activity reporting that will improve the accuracy, timeliness and quality of VET data.

About the changes

The Data Provision Requirements and the amendment:

• outline revised reporting obligations for registered training organisations (RTOs), including submission timeframes, processes and compliance expectations.
• introduce additional reporting requirements for RTOs delivering or intending to deliver training overseas, including providing information about when offshore delivery at a site has ceased, or is expected to cease (if known)
• broaden the categories of persons involved in the governing of an RTO whose names and involvement ASQA may request for regulatory purposes (beyond executive officers and high managerial agents) 
• narrow the scope of information that can be requested about VET qualifications, VET accredited courses, modules or units of competency that an NVR RTO or applicant delivers or intends to deliver to:
  • national codes and titles of the above
  • evidence to demonstrate that each trainer and assessor meets credential and competency requirements under the 2025 Standards
• support implementation of the VET Information Standard as the new framework for VET activity reporting
• introduce requirements for RTOs to maintain a VET data system that:
  • stores reportable data in digital form
  • supports reporting through the required pathway
  • allows data to be collected and submitted as required.

On 1 July 2026, the National Vocational Education and Training Regulator (Fees) Determination 2026 and National Vocational Education and Training Regulator (Charges) Determination 2026 instruments were released to amend the National Vocational Education and Training Regulator (Fees) Determination 2022 and National Vocational Education and Training Regulator (Charges) Determination 2022.

The updated Instruments amend the fees and charges in relation to ASQA’s Cost Recovery Implementation Statement (CRIS) 2026-27.

About the changes

• The CRIS 2026-27 Introduces:
  • different ARC amounts based on provider registration types (NVR RTO and CRICOS) 
  • ratio-based ARC calculation for providers that only have units of competency on scope 
  • move to fixed pricing for applications and assessments
  • move from hourly rate to scaled pricing model for performance assessments and compliance pathways based on level of regulatory effort required
  • Late Renewal of Registration Application Fee
  • separate charges for 
    • Financial viability specialised assessments
    • student assessment validations
    • onsite performance visits

On 20 January 2026, the National Code of Practice for Providers of Education and Training to Overseas Students Amendment (Education Agent Commissions) Instrument 2026 was released to amend the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018).

The Amendment Instrument amends the National Code to complement amendments made to the Act by the Education Legislation Amendment (Integrity and Other Measures) Act 2025 (ELA Act) in relation to education agents and education agent commissions.

• taking action against illegal behaviour and non-genuine providers who exploit vulnerable students, undermine legitimate providers and threaten the integrity of the sector
• ensuring greater scrutiny of new ESOS providers
• promoting a quality VET sector that provides for strengthened student protections and that benefits students, industry and the community as a whole.

About the changes

The Amendment Instrument amends Standard 4 of the National Code, relating to education agents, to provide that a registered provider must not give an education agent commission to an education agent, where the commission is in relation to the recruitment of an overseas student who has commenced studying in a course with another registered provider. There are 3 exceptions to this:

• where a student is recruited for a course and becomes an accepted student (as defined in the Act) of the provider on or before 31 March 2026; or
• where a student is recruited for the course delivered by the provider, as specified in the confirmation of enrolments (CoE) (as defined in the National Code), for which the student’s student visa was granted;
• where a student is recruited for a course that commences after the student has completed their principal course of study with the other registered provider.

For more information, see the Department of Education’s Fact Sheet.

On 5 December 2025, changes to the Education Services for Overseas Student Act 2000 (ESOS Act) through the Education Legislation Amendment (Integrity and other measures) Bill 2025 commenced.

These changes to the ESOS Act grant ASQA and other Government agencies additional regulatory powers to respond to quality and integrity issues in the international education sector, including:

• taking action against illegal behaviour and non-genuine providers who exploit vulnerable students, undermine legitimate providers and threaten the integrity of the sector
• ensuring greater scrutiny of new ESOS providers
• promoting a quality VET sector that provides for strengthened student protections and that benefits students, industry and the community as a whole.

About the changes

The amendments provide greater protection for vulnerable students and to respond to quality and integrity issues in the international education sector.

The amendments implement recommendations from the findings of the Migration Review and respond more broadly to the findings of the Nixon Review in relation to VET sector integrity risks.

Key changes now in effect:

• ‘fit and proper provider’ requirements to now include information on whether a provider and/or provider associates have ownership or control of an education agent, or if an education agent or associate of the education agent has any ownership or control of the provider
• providers to report on education agent performance, including recruitment and commissions education agents receive
• providers (other than registered TAFEs) are now required to deliver training and assessment for consecutive study periods totalling at least two years to domestic students before being eligible to apply for ESOS registration
• the Minister may determine, by legislative instrument, a specified period where ASQA would not be required to accept or process initial ESOS registration applications and change to scope applications – aligns with NVETR amendments with respect to initial registration
• automatic cancellation of the registration of ESOS providers (other than schools) that have not delivered training and/or assessment to any overseas students for a period of 12 consecutive month
• allow ESOS agencies to suspend providers under serious investigation on the grounds of not being fit and proper to be ESOS-registered
• the Minister may automatically suspend or cancel courses where there exists systemic quality concerns, limited value to skill needs, or where it is in the public interest to do so, by legislative instrument
• allow ESOS agencies to determine that the operation of any adverse decisions is stayed pending the outcome of an internal review
• requires ESOS agencies to make a decision on an application for review of a reviewable decision within 120 days (instead of 90 days) after the application is made.

For more information, see the Department of Education’s Fact Sheets.

On 29 March 2024, the National Vocational Education and Training Regulator Amendment (Strengthening Quality and Integrity in Vocational Education and Training No.1) Act 2024 (the Act) was enacted.  

The Act amends the NVR Act to ensure ASQA has the necessary regulatory tools to:

• address integrity risks posed by non-genuine or unscrupulous RTOs
• ensure greater scrutiny of new RTOs
• promote a quality VET sector that provides for strengthened student protections and that benefits students, industry and the community as a whole. 

About the changes 

The amendments provide greater protections for students, and additional powers for ASQA to prevent RTOs from using their business as a veil of legitimacy for fraudulent activity, to circumvent regulatory requirements, or to lure and mislead students. 

The amendments implement recommendations from the Braithwaite Review and respond more broadly to the findings of the Nixon Review in relation to VET sector integrity risks.

Key changes now in effect:

• 12 consecutive months of nil delivery of training and/or assessment by an RTO will result in a lapse (or end) of registration, unless an extension to the measurement period is obtained from ASQA
• scope of registration cannot be changed in the first 24 months of an RTOs registration
• ASQA will have up to 120 days to decide a reconsideration matter
• ASQA can determine the order in which it processes initial applications for RTO registration
• the Minister may determine by legislative instrument a specified period where ASQA will not be required to accept or process initial applications for RTO registration
• extended provisions for false and misleading conduct by an RTO
• significant penalty increases for breaches of the NVR Act.