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2025 changes to the ESOS Act
With the passage of the Education Legislation Amendment Bill (Integrity and Other Measures) Bill 2025, the Australian Government is strengthening integrity in the international education sector through changes to the ESOS Act. These changes strengthen integrity in the sector by combating exploitation of overseas students as well as those who seek to exploit the migration system.
Changes to education agents and agent commissions
- replacing the definition of ‘agent’ with a new definition of ‘education agent’
- introducing a definition of ‘education agent commissions’ and collection of commissions information
- improving transparency of education agent information for education providers.
Changes to ‘fit and proper provider’ requirements
When considering whether a provider is fit and proper to be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), an ESOS agency must now consider:
- ownership and control arrangements between education providers and education agents
- whether a provider or a related person of the provider is being investigated for a specified offence.
Changes to provider registration requirements and processing
- requiring most prospective VET providers excluding TAFEs to first deliver courses to domestic students for two years before they can apply to teach overseas students as evidence of their commitment to quality education
- the Minister for Education (the Minister) can pause the making or processing of applications for registration
- if a provider has not delivered any registered course to any overseas student at any onshore location for a period of 12 consecutive months, their CRICOS registration will be automatically cancelled for all courses at all locations.
New course cancellation powers
The Minister for Education may issue a legislative instrument to cancel a classes of courses where any of the following apply:
- there are or have been systemic issues in relation to the standard of delivery of the courses included in the class
- the courses provide limited value to Australia’s current, emerging and future skills and training needs and priorities
- it is in the public interest to do so.
Changes to ESOS agencies’ processes for internal reviews
ESOS agencies have a longer period (120 days) to review decisions and the ability to stay the enforcement of the original decision while an internal review is underway.
For a detailed overview of each of these changes, including Frequently Asked Questions, please see:
- education agents and commissions
- fit and proper provider
- provider registration and requirements
- new course cancellation powers
- ESOS agencies processes for internal reviews
Foundation Program Standards 2021
The new Foundation Program Standards 2021 (the Standards) commenced on 16 September 2021. The Standards repealed and replaced the Foundation Program Standards (19/06/2011). Key changes included:
- Setting minimum hours of study
- Requirements for younger students
- Assessment requirements
- Professional development
A Foundation Program Standards factsheet outlining these changes is available.
The department published a discussion paper for public consultation from 9 July 2021 to 23 July. Responses have been published, where permission was given, and made available.
Revised CRICOS registration charges
New cost recovery arrangements will apply to the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) from 1 January 2022.
The Education Services for Overseas Students (Registration Charges) Amendment Bill 2021, and related Bills, which provide the legislative authority for the revised CRICOS charges, have been passed by the Parliament and received Royal Assent on 27 August 2021.
The new charging arrangements:
- remove the Entry to Market Charge for all providers
- introduce application-based charges for School Registration and School Registration Renewal
- modify the department’s Annual Registration Charge and rename it to the CRICOS Annual Registration Charge (CARC).
Further information on the new CRICOS charges is available on the Fees and Charges page and in the Cost Recovery Implementation Statement.
Education Services for Overseas Students Regulations 2019
In the 2020–21 Budget, the Government announced a new deregulation measure aimed at reducing administrative burden on private education providers who deliver courses to international students. The Government amended the ESOS Regulations from 1 July 2021 to remove the requirement for providers to give information on the payment of tuition fees through the Provider Registration and Information Management System (PRISMS) when a calendar month ends.
Supplementary courses and refunds for providers
The Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Act 2021 (Amendment Act) amended the Education Services for Overseas Students Act 2000 (ESOS Act). The Amendment Act includes the following measures:
- amends the ESOS Act to enable refunds of registration charges in special circumstances
- defines a course for the purposes of the ESOS Act; and
- enables the Minister to include and exempt certain supplementary courses from the definition of course in the ESOS Act.
Our fact sheet includes the amendments
Legislative instrument
The Education Services for Overseas Students (Exempt Courses) Instrument 2021 came into effect on 29 June 2021. This instrument exempts some courses from the definition of course in the ESOS Act, meaning they can be offered to international students without being registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
Benefits for international students
The exempted courses, commonly referred to as supplementary courses, are low-cost, short in duration and allow overseas students to gain prerequisite industry qualifications to enrich their Australian experience and improve their skills, increase their employability in a wider range of jobs and reduce their vulnerability to workplace exploitation. Supplementary courses can be undertaken by students alongside their main, CRICOS registered course. Students will not be able to apply for a student visa based on an enrolment in an exempted course or courses alone.
Benefits for providers and Australian businesses
Before these changes to the definition of course were made, the additional administrative and financial investment needed to maintain CRICOS registration meant few providers offered these courses to overseas students, limiting students’ access to training for employment in industries such as hospitality, health and construction.
These changes provide the ability for education providers to more easily enter the market to deliver a wider range of supplementary courses to overseas students and will assist Australian businesses to fill short term skill shortages to deliver critically important goods and services.
Our fact sheets below include the list of exempt courses available:
Regulatory Powers
The Regulatory Powers (Standardisation Reform) Act 2021 received royal assent on 26 March 2011 and amended the Education Services for Overseas Students Act 2000 (ESOS Act) to apply the standard monitoring, investigation, infringement notices and enforceable undertakings provisions contained in Parts 2, 3, 5 and 6 of the Regulatory Powers Act (Standard Provisions) Act 2014. These amendments promote best practice use of regulatory powers and greater consistency between different regulatory regimes, and streamline regulatory powers across the Commonwealth statute book. Amendments to the ESOS Act include the following modifications to the standard provisions:
- the power to use force against things as is necessary and reasonable in the circumstances by authorised persons and persons assisting authorised persons; and
- the power to accept a written undertaking given by a registered provider regarding a condition of registration.
Amendments were also made to the Tertiary Education Quality and Standards Agency Act 2011 to replace existing regulatory powers with best practice regulatory powers.
ESOS Application on Norfolk Island
The Territories Legislation Amendment Act 2020 received royal assent on 17 December 2020 and amends the ESOS Act to extend the application of the Act to Norfolk Island.
Protecting students and Australia’s excellent reputation for international education
The Education Legislation Amendment (Provider Integrity and Other Measures) Bill Act 2017 received royal assent on 16 August 2017 and amended the ESOS Act. The changes strengthened the Government’s ability to monitor and prevent unscrupulous business practices from gaining registration to deliver education to overseas students.
This protects overseas students studying in Australia and maintains Australia’s excellent reputation for international education.
The changes to the ESOS Act are not expected to affect the majority of providers that are operating with integrity. Rather, the changes sought to target the minority of providers who may act unscrupulously.
A factsheet on the legislation amendments is available.