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Introduction

The Commonwealth Department of Education, Employment and Workplace Relations (DEEWR) is responsible for the regulation of education and training services for all international students in Australia. In 2000 the Commonwealth enacted a new framework to ensure nationally consistent standards. The Education Services for Overseas Students Act 2000 (ESOS Act 2000) and its associated regulations includes the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (The National Code).

The purpose of the legislation is to protect Australia’s reputation for quality of education and to provide consumer protection for students coming to Australia on student visas, by providing tuition and financial assurance and by ensuring a nationally consistent approach to provider registration. Penalties apply for breaches of the Act.

ESOS Act

The ESOS Act 2000 (amended 2007):

  • protects overseas students coming to Australia on student visas. It does not cover overseas students on other kinds of visas, nor does it cover students studying at Australian institutions based in other countries;
  • sets out clear roles and responsibilities for education institutions wanting to teach overseas students.

The legislation has 8 Parts:

  • Part 1 - Introduction
  • Part 2 - Registration of approved providers
  • Part 3 - Obligations on registered providers
  • Part 4 - The National Code
  • Part 5 - The ESOS Assurance Fund
  • Part 6 - Enforcement
  • Part 7 - Monitoring and searching providers
  • Part 8 - Miscellaneous

THE NATIONAL CODE

Under ESOS legislation, QUT complies with The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (in short: The National Code).

National Code 2007 structure

The National Code 2007 is divided into four parts:

Part A includes a description of its role in the ESOS legislative framework and its purpose and objectives.
Part B outlines the roles and responsibilities of the Australian and State and Territory Governments which share the responsibility for implementing the Code.
Part C explains the CRICOS registration process including providers’ requirements and obligations.
Part D provides 15 standards that providers will meet in their interactions with international students.