Legislation and Legal Protection
All Australian government and all providers recognise the importance of giving international/overseas learners quality learning and teaching and educational outcomes.
To further this objective, the Commonwealth (national) government has laws that specifically refer to education and training provisions for international/overseas learners. The Institute’s operations and its code of conduct are entirely consistent and compliant with all national and state laws.
This includes the Education Services for Overseas Students(ESOS) Act, 2000; National Code of Practice, 2018; and the Education Services for Overseas Students(ESOS) AmendmentAct, 2012, and the Tuition Protection Service provisions, which provide additional safeguards for learners.
Protection for international/overseas learners
International/overseas learners on student visas must study with an education provider and in a course that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) at http://cricos.deewr.gov.au. CRICOS registration guarantees that the course and the education provider meet the high standards necessary for international/overseas learners.
Learner rights
The Education Services for Overseas Students(ESOS) Act,2000 framework protects the rights of all international/overseas learners in the following ways:
- international/overseas learners have the right to receive, before enrolling, current and accurate information about the courses, fees, modes of study, and other information from your provider and your provider’s agent;
- if international/overseas learners are under 18 years of age, to ensure their safety, they will be granted a visa only if there are arrangements in place for their accommodation, support, and welfare;
- international/overseas learners have the right to sign a written agreement with a provider before or as they pay fees, setting out the services to be provided, fees payable, and information about refunds of course money; and
- international/overseas learners have the right to the education for which they paid and the ESOS framework includes provision for refunds or placement in another course if the original provider is unable to deliver the course.
Learner responsibilities
The Education Services for Overseas Students(ESOS) Act,2000 framework places obligations on international/overseas learners. These are:
- satisfying student visa conditions, noting that providers are obliged by law to report any serious breaches of visa conditions;
- maintaining Overseas Student Health Cover (OSHC) for the duration of the period when international/overseas learners are living/studying in Australia;
- meeting the terms and conditions of the written agreement with the learner’s education provider, provided as part of pre-enrolment information;
- informing the provider promptly if international/overseas learners change their address;
- maintaining satisfactory course progress – this will be documented in pre-enrolment information provided to international/overseas learners;
- if attendance is recorded, following the attendance policy documented in pre-enrolment information provided to international/overseas learners, and;
- if international/overseas learners are under 18 years of age, maintaining approved accommodation, support, and general welfare arrangements.