Where a superseded training product is replaced on an RTO’s scope of registration with an equivalent product, and the same superseded training product is on the provider’s CRICOS registration the equivalent training product is automatically added. The superseded training products end dates are changed to reflect the end of the transition period.
An overseas student is defined in Section 5 of the ESOS Act as a person (whether inside or outside Australia) who holds a student visa (as defined in regulation 1.03 of the Migration Regulations 1994), excluding:
In some cases, registered training organisations (RTOs) may enrol students who are temporarily visiting Australia on certain visas, other than study visas. However, some visas include restrictions on training. Further information is also available from the Department of Home Affairs.
ASQA can receive certain complaints about organisations providing training to overseas students on student visas. These training organisations are referred to as Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) providers.
ASQA can consider complaints about CRICOS providers where the provider is alleged to have breached the required standards, and failed to provide quality training and assessment. ASQA will use this information to inform its regulation of the provider.
The Education Services for Overseas Students (ESOS) Act 2000 requires Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and English Language Intensive Courses for Overseas Students (ELICOS) providers to keep student assessment records for a minimum of two years.
Whether an RTO can enrol overseas students is not related to the issuance of confirmations of enrolment.
It is a breach of the Education Services for Overseas Students Act 2000 (ESOS Act) for any provider to deliver courses to an overseas student on a student visa unless the provider is registered to deliver the course to overseas students at that location.
An overseas student in Australia on a student visa is permitted to undertake additional study (that is, a course of education or training) at the same time as the principal course for which they hold a student visa. However, any course undertaken by a student visa holder must be registered on CRICOS. Only a CRICOS registered provider can deliver courses to overseas students on student visas.
A student on a student visa who is seeking to undertake additional study should be aware of the requirements of their student visa and the need to:
The Department of Immigration and Border Protection requires all overseas students to have health insurance while in Australia.
It is not compulsory for the registered training organisation (RTO) to provide students with Overseas Student Health Cover (OSHC); however, all providers should ensure that their students have this cover.
Further information is available from the Department of Immigration and Border Protection.
Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) providers may choose when their holiday periods are.