Education Services for Overseas Students Act 2000
Enacted: 2000 | Amended: 2015, 2025
The ESOS Act provides the legal framework for quality assurance and consumer protection for international students studying in Australia on student visas.
What is the ESOS Act?
The Education Services for Overseas Students Act 2000 sets out the legal framework governing delivery of education to international students in Australia on student visas. It protects international students and enhances Australia's reputation for quality education while supporting the integrity of the student visa program.
Key Purposes
- Student Protection: Safeguard international student interests
- Quality Assurance: Ensure nationally consistent standards in education delivery
- Tuition Protection: Provide financial protection through Tuition Protection Service (TPS)
- Reputation Protection: Protect and enhance Australia's international education reputation
- Visa Integrity: Support integrity of student visa program
Who Does it Apply To?
The ESOS Act applies to all providers offering courses to students in Australia on student visas:
Schools
VET Providers (RTOs)
Higher Education Providers
ELICOS Providers
Foundation Programs
The ESOS Framework
The ESOS Act is part of a comprehensive legislative framework:
Core Components
- ESOS Act 2000: Primary legislation
- National Code 2018: Standards for delivery of courses to overseas students
- ESOS Regulations 2019: Supporting implementation details (amended 2025)
- ELICOS Standards: Standards for English language courses
- Foundation Program Standards: Standards for foundation programs
- CRICOS: Commonwealth Register of approved providers and courses
National Code 2018
The National Code sets nationally consistent standards across key areas:
- Marketing and recruitment (including education agents)
- Student engagement and support services
- Education delivery and facilities
- Monitoring course progress and attendance
- Deferring, suspending or cancelling enrolment
- Transfer between registered providers
- Complaints and appeals
- Younger students (under 18 years)
Tuition Protection Service (TPS)
The TPS protects international students when a provider:
- Closes before students complete their course
- Fails to deliver an enrolled course
- Has their registration cancelled
The TPS arranges alternative courses or refunds of prepaid tuition fees.
ESOS Agencies
Different agencies regulate different education sectors:
- TEQSA: Higher education providers, ELICOS, Foundation Programs
- ASQA: VET providers (national)
- State/Territory Authorities: VET providers and schools (state-based)
- Department of Education: Schools (Commonwealth)
2025 Amendments
The Education Legislation Amendment (Integrity and Other Measures) Act 2025 strengthened quality and integrity requirements:
- Additional English language test record-keeping requirements
- New definitions: 'education agent' replacing 'agent of provider'
- New definition of 'recruitment activity'
- Enhanced compliance monitoring
Provider Obligations
Registered providers must:
- Be registered on CRICOS before enrolling international students
- Comply with National Code standards
- Report student information via PRISMS (Provider Registration and International Student Management System)
- Notify ESOS agency of material changes
- Maintain adequate facilities and resources
- Have appropriate staffing and financial capacity
- Pay annual registration charges and TPS levies
Sanctions for Non-Compliance
Breaches of the ESOS Act are treated seriously and can result in:
- Conditions on registration
- Suspension of CRICOS registration
- Cancellation of CRICOS registration
- Financial penalties
- Prohibition from re-registering
Official Links
ESOS Framework
education.gov.au - Complete ESOS framework information
ESOS Act 2000
Federal Register of Legislation - Full Act text
National Code 2018
Standards for CRICOS registration
TPS
Tuition Protection Service website
ASQA ESOS
ASQA guidance on ESOS requirements for RTOs
TEQSA ESOS
TEQSA guidance on ESOS for higher education