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ESOS Act Framework

The Australian Government wants overseas students in Australia to have a safe, enjoyable and rewarding place to study. Australia’s laws promote quality education and consumer protection for overseas students. These laws are known as the ESOS framework and they include the Education Services for Overseas (ESOS) Act 2000 and the National Code 2007.

Protection for overseas students

As an overseas student on a student visa, you must study with an education provider and in a course that can be found on the Com monwealth Register of Institutions and Courses for Overseas Students (CRICOS) at http://cricos.deewr.gov.au. CRICOS registration guarantees that the course and the education provider at which you study meet the high standards necessary for overseas students. Ple ase check carefully that the details of your course − including its location − match the information on CRICOS.

ATCWA education Background

    The 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 infor mation 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.

    your right to sign a written agreement with y our 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 framewor k 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.

    The ESOS framework sets out the standards Australian education providers offering education services to overseas students must obey. These standards cover a range of information you have a right to know and services that must be offered, including:

    orientation and access to support services to help you study and adjust to life in Australia The ESOS framework Providing quality education and protecting your rights

    who the co ntact officer or officers is for overseas students

    if you can apply for course credit

    when your enrolment can be deferred, suspended or cancelled

    what your provider’s requirements are for satisfactory progress in the courses you study and what suppor t is available if you are not progressing well

    if attendance will be monitored for your course, and a complaints and appeals process.

    One of the standards does not allow another education provider to enroll a student who wants to transfer to another course, but has not completed six months of the final course of study you plan to undertake in Australia. If you want to transfer before hand you need your provider’s permission. 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.

    As an overseas student on a student visa, you have responsibilities to:

    satisfy your student visa conditions

    maintain your Overseas Student Health Cover (OSHC) for the period of your stay

    meet the terms of the written agreement with your education provider

    inform your provider if you change your address

    maintain satisfactory course progress

    if attendance is recorded for your course, follow your provider’s attendance policy.

    if you are under 18, maintain your approved accommodation, support and general welfare arrangements.

    Contact details

    Who?Why?How?
    Your providerFor policies and procedures that affect youSpeak with your provider.
    • Go to your provider’s website.
    Department of Education, Employment and Workplace Relations (DEEWR)For your ESOS rights and
    responsibilities
    •ESOS Helpline
    +61 2 6240 5069
    • Online enquiry form www.aei.gov.au
    Department of Immigration
    and Citizenship (DIAC)
    For visa matters• www.immi.gov.au
    • Phone 131 881 in Australia
    • Contact the DIAC office in your country

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