The ESOS Act sets out the legal framework governing delivery of education to overseas students studying in Australia on a student visa.
The Australian Government, through the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE), administers the ESOS Act and its associated instruments.
The Education Services for Overseas Students (ESOS) Act 2000 (current) governs:
· the registration process and obligations of registered providers
· the Tuition Protection Service; and
· enforcement and compliance powers.
In 2010 all education providers, registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), were required to re-register by 31 December.
This included providers which had only recently been registered or audited, as well as those which were due for re-registration in 2010 as a part of their usual audit cycle.
A risk managed approach was undertaken for this process, with providers being categorised into various tiers of risk based on their individual circumstances. Providers, considered to pose higher levels of risk, as well as new providers, were subject to a more extensive assessment process than those with lower risk.
The re-registration process was completed, with all providers on CRICOS scrutinised using the strengthened powers available under the revised ESOS Act.