Education Services for Overseas Students (ESOS) Framework
Australia provides rigorous protection for international students through the Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation, which protects and enhances Australia’s reputation for quality education, provides tuition protection and supports the integrity of the student visa program. Breaches are treated seriously and the penalties can be significant.
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The National Code of Practice is an instrument of the ESOS Act which provides nationally consistent standards for the conduct of registered providers of international education and the registration of their courses. The ESOS Act and National Code of Practice aim to ensure nationally consistent standards for the delivery of educational services to international students in Australia; to safeguard Australia’s international reputation as a provider of high-quality education and training; and to protect the interests of international students. They further aim to support providers in monitoring student compliance with their visa conditions through the Department of Home Affairs and reporting any student breaches through PRISMS.
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Your right under the ESOS Act
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The Education Services for Overseas Students (ESOS) framework protects the rights of international students studying in Australia, including:
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Your right to receive, before enrolling, current and accurate information about the courses, fees, modes of study, and other information from your institution and your institution’s agent.
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Your right to sign a written agreement with your institution before paying fees, setting out the services to be provided, fees payable, and information about refunds of course money. Make sure to keep a copy of your written agreement.
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The Tuition Protection Service (TPS) is a placement and refund service for international students, which is activated in the event that your institution is unable to teach your course
Tuition Protection Service
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The Tuition Protection Service (TPS) is a placement and refund service that helps:
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International students on student visas affected by a provider closure
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When students have withdrawn from or not started their course and are eligible for a refund of tuition fees that have not been paid by the provider
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Provide students with the information they need to choose an alternative course that best suits them through an online placement system
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Arrange a refund of any pre-paid tuition fees if there is no course that meets their needs
Following is a link to access TPS website for more information.
https://www.dese.gov.au/tps/international-students
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The Institution’s responsibilities
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The ESOS framework sets out the standards that Australian education providers must meet in offering education and training services to international students. ESOS and the National Code also outlines the responsibility of providers in managing their education agent network. These standards cover a range of information you have a right to know and services that must be offered to you, including:
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Orientation and access to support services to help you study and adjust to life in Australia.
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Contact details of officers available to help international students.
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If you can apply for course credit.
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When your enrolment can be deferred, suspended or cancelled.
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What your institution’s requirements are for satisfactory progress in the courses you study and what support is available if you are not progressing well.
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If attendance will be monitored for your course.
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A complaints and appeals process.
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Your responsibilities
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As an overseas student on a student visa, you have responsibilities to:
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Satisfy your student visa conditions.
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Maintain your Overseas Student Health Cover (OSHC) for the period of your stay.
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Meet the terms of the written agreement with your institution.
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Inform your institution if you change your address.
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Maintain satisfactory course progress.
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If attendance is recorded for your course, follow your institution’s attendance policy.
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If you are under 18, maintain your approved accommodation, support and general welfare arrangements.
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Follow our policies and procedures.
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Following is a link to a fact sheet that contains essential information for student visa holders about living and studying in Australia, including your consumer rights and responsibilities as an international student and key things you should know before and during your study.
https://www.dese.gov.au/esos-framework/resources/international-students-factsheet
Following is a link that contains more information about studying in Australia.
https://www.studyaustralia.gov.au/
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