Education Services for Overseas Students (ESOS) Act 2000
Information for international students
The Education Services for Overseas Students (ESOS) Act 2000 was enacted by the Australian Parliament. It establishes a National Code of Practice for, and regulates the delivery of, education services to international students.
The following provides an overview of the Code.
University responsibilities
The ESOS Act and the National Code of Practice seek to ensure that all providers of education services are honest and transparent in their dealings with international students. It covers:
- changes to university details
- educational resources and facilities
- marketing and student information
- student recruitment and placement
- recognition of prior learning/recognition of current competence
- student records
- written agreements for refunds
- student support services
- agents
- university staff
- use of personal information
The Code can be viewed on the Department of Education, Science and Training website.
Student responsibilities
The ESOS Act also outlines additional action students must take to comply with the conditions of their student visa. For example, it requires international students:
- only be enrolled in full-time courses that are listed on CRICOS – the Australian Government's official register of approved courses for international students;
- to immediately report to the University and Department of Immigration, any alterations to educational (for example, change of units) or personal details (for example, change of address);
- to provide their visa details to the University (the ESOS Act allows for these details and academic records to be forwarded to other Commonwealth and State agencies as appropriate);
- to sign an acknowledgement of any credit for prior study (Recognition of Prior Learning – RPL) granted by the University and note that where this results in them falling below 'full-time status' they may be required to depart Australia, unless they have been given authorisation by the Department of Immigration Multicultural and Indigenous Affairs to remain in the country;
- to not defer commencement of their course, or suspend their studies, except on the grounds of illness, as evidenced by a doctor's certificate, or exceptional compassionate circumstances, such as bereavement.
Universities are required to monitor and report on the academic progress of all students. Undergraduate progress records are maintained by the respective Faculty offices. Research and postgraduate students should keep in touch with their supervisors so that the supervisors are able to comment on their progress if requested.
There is a new requirement that discourages students from attempting to extend their student visa by repeating a subject more than once at the end of a program. The Government has stated that it will not renew a student's visa to allow the student to complete a qualification where that would involve the student repeating a failed subject more than once. This is especially the case where it would involve the student taking less than a full-time study load. Students who fail subjects that are required for the completion of an award should consult their course advisor immediately so that they repeat the required subject as early as possible in their award program and within the normal visa duration.
Student protection
In addition to the University's policies and regulations and the provisions of the ESOS Act and National Code students' rights are protected under Commonwealth and State consumer protection laws. These can be viewed at:
- for Victoria:
Financial and Consumer Rights Council of Victoria
Level 13, 227 Collins Street
MELBOURNE VIC 3000
Telephone: (+61 3) 9663 2000
- for Commonwealth: http://www.accc.gov.au/
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