Know before you go · ESOS Act
Know your rightsin Australia.
The ESOS Act decides who can teach you in Australia, what they must tell you, and what happens to your money if something goes wrong. Most students hear about it only when there is a problem. Read this before you pay, and you will know your rights, your duties and the red flags.
- Only registered courses can enrol you
- CRICOSOnly registered courses can enrol you
- Tuition a provider can take before you start
- 50% maxTuition a provider can take before you start
- To place or refund you if a provider defaults
- 14 daysTo place or refund you if a provider defaults
The law
What is the ESOS Act?
The Education Services for Overseas Students Act 2000 (ESOS Act) is the law that protects international students on student visas. Only institutions registered under the ESOS Act and listed on CRICOS can enrol you. Providers that break the rules face serious penalties. The Act works together with the parts below.
| Part | What it does | Why it matters to you |
|---|---|---|
| ESOS Act 2000 | The main law. Requires registration and protects tuition fees. | Only registered providers can enrol you on a student visa. |
| ESOS Regulations 2019 | Detailed rules that support the Act. | Providers must keep records about you, including English test details. |
| National Code 2018 | 11 standards on marketing, recruitment, written agreements, agents, support, transfers, visa requirements, cancellation and complaints. | Your practical rights from offer to graduation. |
| CRICOS | The official register of approved providers and courses. | Check your course here before you pay. |
| Tuition Protection Service (TPS) | Helps students when a provider cannot deliver a course. | Protects your unspent tuition fees. |
ESOS Act 2000
The main law. Requires registration and protects tuition fees.
→ Only registered providers can enrol you on a student visa.
ESOS Regulations 2019
Detailed rules that support the Act.
→ Providers must keep records about you, including English test details.
National Code 2018
11 standards on marketing, recruitment, written agreements, agents, support, transfers, visa requirements, cancellation and complaints.
→ Your practical rights from offer to graduation.
CRICOS
The official register of approved providers and courses.
→ Check your course here before you pay.
Tuition Protection Service (TPS)
Helps students when a provider cannot deliver a course.
→ Protects your unspent tuition fees.
The short version
Know your rights before you fly
Australia's ESOS law protects every international student on a student visa. Here is what it means for you.
- 01
Approved courses only
Only providers and courses on the CRICOS register can enrol you. Check yours on the official register before you pay.
- 02
Your fees are protected
A provider cannot take more than half your tuition before you start, unless you choose to pay more (short courses differ). If it cannot deliver your course, it must place you in another course or refund your unspent fees. The Tuition Protection Service backs this up.
- 03
Everything in writing
Your written agreement sets out fees, refund rules and how to complain. Read it before you pay.
- 04
Honest agents
Universities and colleges must make sure their agents act ethically and honestly. Check any agent, including Genix Education, on the provider's own agent list.
What the law gives you
Your rights under the ESOS framework
You study an approved course.
Only CRICOS courses can be offered to students on a student visa. Check the course code and the campus on the CRICOS register.
You get honest information.
Marketing and advice about courses must not be false or misleading, including advice given through an agent.
You get a written agreement.
It sets out course details, fees, refund and cancellation rules, and the complaints process. You should have it before or when you pay any fees. Read every page.
You cannot be forced to prepay more than half.
A provider must not receive more than 50% of your total tuition fees before you start, unless you choose to pay more. Short courses have different rules.
You get refunds when the rules say so.
Refund duties and time limits are set by law — see the refund table below.
You get support.
Providers must give you access to support services and clear information to help you settle and succeed.
You get a fair process.
A provider can cancel or suspend your enrolment only for limited reasons, such as misbehaviour, unpaid fees, or poor course progress or attendance. You must get written notice and the right to appeal, and the cancellation cannot take effect until the provider's internal appeal is finished.
You can complain for free.
Start with your provider. If it is not resolved, higher-education students can go to the National Student Ombudsman. Students at English-language, vocational and private-school providers can go to the Overseas Students Ombudsman.
Tuition protection
When you get a refund
The provider closes, does not start, or stops your course (provider default)
Place you in another course or refund your unspent tuition fees
Within 14 daysYou do not start, you withdraw, or the provider refuses to teach you (for example unpaid fees, a visa breach or misbehaviour), and you have a written agreement
Refund unspent tuition fees as your written agreement says
Within 4 weeks of your written claimYour student visa is refused, or you have no written agreement
Refund unspent tuition fees
Within 4 weeks of the defaultRefunds cover tuition fees only. They do not cover OSHC, administration fees, books, accommodation or visa charges, so read your agreement.
If a provider does not pay, the Tuition Protection Service may help. Email support@tps.gov.au. Keep every receipt, including payments made through an agent, your offer letter, your Confirmation of Enrolment and your visa grant letter.
Your side of the deal
Your duties as a student
Stay enrolled in a registered course.
This is a student visa condition.
Meet progress and attendance rules.
Providers monitor your progress, and English-language and foundation courses require at least 80% attendance. If you fall short, your provider must warn you in writing and explain how to appeal before it reports you to the Department of Home Affairs. A report can affect your visa.
Pay fees as agreed.
Non-payment can lead to cancellation of your enrolment.
Know your visa conditions.
Check them on VEVO and confirm any change with Home Affairs.
Before you switch
Changing programs or education providers?
You may be able to change course at the same institution with its approval, subject to its terms and conditions.
Current student visa holders may also need to apply for a new student visa from outside Australia, unless an exemption applies. Talk to your provider and a counsellor before you withdraw from anything.
Exemptions include
- You need up to 12 months to finish your course with the same provider
- You are moving to a higher-level course (for example bachelor's to master's) — it must be a higher AQF level
- You are applying for a PhD
- Your education provider has closed or defaulted
National Code · Standard 4
How Genix works under the ESOS framework
Under Standard 4 of the National Code, every university and college must make sure its agents act ethically, honestly and in students' best interests. They must sign a written agreement with us, monitor our work, and end the relationship if we break the rules. You can check Genix Education on each provider's own agent list.
Source: Department of Education — ESOS Act 2000, ESOS Regulations 2019, National Code 2018, CRICOS and the Tuition Protection Service. Rules change; re-check the official sources before you pay or change courses.
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