Legislation
Regulation of the international education sector is founded on both State and Commonwealth legislative frameworks. The Education Services for Overseas Students (ESOS) Act 2000 and the associated State legislation set out the legal framework governing delivery of education services to overseas students studying in Australia on a student visa.
The legislative framework includes:
- the Commonwealth Education Services for Overseas Students Act 2000 (the ESOS Act)
- the Commonwealth National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (PDF, 247 KB) (the National Code)
- the Queensland Education (Overseas Students) Act 1996 (PDF, 393 KB) (the EOS Act)
- the Queensland Education (Overseas Students) Regulation 1998 (PDF, 330 KB) (the EOS Reg).
Providers must comply with the requirements of both State and Commonwealth legislation in order to become registered and maintain registration on Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
The AEI/ESOS website is a comprehensive source of information for providers and has links to the legislation as well as a series of explanatory guides on related matters.
A CRICOS provider must be able to demonstrate ongoing compliance with the above legislation throughout the entire period of registration. It must also ensure it complies with the conditions of its registration. These conditions include those that apply to all RTOs as outlined in the AQTF Essential Standards for Registration, as well as any specific conditions imposed by the registering body.
RTOs that become CRICOS providers must:
- comply with the Australian Quality Training Framework, including:
- the Essential Standards and Conditions for Initial and Continuing Registration
- the Australian Qualifications Framework (AQF)
- the Education Services for Overseas Students (ESOS) Act
- the National Code of Practice 2007
- the Queensland Education (Overseas Students) Act 2006
- the Queensland Education (Overseas Students) Regulation 1988
- satisfy fit and proper person requirements
- satisfy financial viability risk assessment requirements
- notify the registering body of material changes to their organisation or its legal status
- provide information to the registering body on request
- cooperate with the registering body in all matters relating to registration
- comply with specific conditions placed on individual RTOs.