International students studying in Australia on a student visa are protected under the Education Services for Overseas Students (ESOS) Act 2000. The Act sets out the legal framework for the delivery of quality education by setting standards. The framework also provides tuition and financial assurance through the Tuition Protection Service website:
https://tps.gov.au/StaticContent/Get/StudentInformationThe Legislative Framework incorporates the:
ESOS Act 2000The legislation aims to protect international students and guarantee quality education.
The education providers and the courses they offer to international students must be registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
Please note, the Legislative Framework relates only to students who are enrolled in an onshore program and remain in Australia on a Student Visa. This Legislation does not apply to students undertaking offshore programs or remaining in Australia on a temporary visa other than a Student Visa.
The Tuition Protection Service (TPS) has been in operation since 1 July 2012. In the unlikely event your education provider is unable to deliver a course you have paid for and does not meet their obligations to either offer you an alternative course that you accept or pay you a refund of your unspent prepaid tuition fees the TPS will assist you in finding an alternative course or to get a refund if a suitable alternative is not found. For more information on the TPS:
https://tps.gov.au/StaticContent/Get/StudentInformationThe ESOS framework protects your rights, including:
Your right to receive, before enrolling, current and accurate information about the courses, fees modes of study and other information from your provider and your provider’s agent. If you are under 18, to ensure your safety, you will be granted a visa only if there are arrangements in place for your accommodation, support and welfare.
our right to sign a written agreement with your provider before or as you pay fees, setting out the services to be provided, fees payable and information about refunds of course money. You should keep a copy of your written agreement.
Your right to get the education you paid for. The ESOS framework includes consumer protection that will allow you to receive a refund or to be placed in another course if your provider is unable to teach your course.
As an overseas student on a student visa, you have responsibilities to: