Education Services for Overseas Students Act 2000 (ESOS Act)
Statutory definition
The Education Services for Overseas Students Act 2000 (Cth) regulates registered providers, sets out tuition protection obligations (the Tuition Protection Service), and establishes the National Code of Practice for Providers of Education and Training to Overseas Students as the standards framework. Providers that breach the ESOS Act may be de-registered from CRICOS.
Explanation
The ESOS Act operates in tandem with the Migration Act. A student's visa depends on maintaining enrolment at a CRICOS-registered provider complying with the ESOS Act framework. Key protections for students include: the right to a refund if a provider defaults; the Tuition Protection Service (which finds alternative placements or refunds if the provider closes); and the National Code standards on attendance, academic progress, and course completion.
Providers who report students to the Department for attendance or academic failure trigger the student's obligation to respond or risk visa cancellation.