ESOS Act Framework
Australian Technical College Western Australia (ATCWA) is committed to ensuring that overseas students have a safe, transparent and rewarding place to study. Australia’s laws promote quality education and consumer protection for overseas students through the Education Services for Overseas Students Act 2000 (ESOS Act) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018).
This page was last reviewed in July 2026 to reflect current legislative requirements, including amendments introduced by the Education Legislation Amendment (Integrity and Other Measures) Act 2025 and the January 2026 amendments to the National Code.
PROTECTION FOR OVERSEAS STUDENTS
As an overseas student on a student visa, you must study with an education provider, and in a course, that is listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), published at cricos.education.gov.au (http://cricos.education.gov.au/). CRICOS registration confirms that both the course and the provider meet the standards required to teach overseas students.
Please check carefully that the course details on CRICOS including the delivery location match the information provided to you by ATCWA or your education agent before you enrol.
Further information on the ESOS legislative framework is available directly from the Australian Government:
– ESOS Act and legislative framework (https://www.education.gov.au/esos-framework/esos-legislative-framework)
– National Code of Practice 2018 (https://www.education.gov.au/esos-framework/national-code-practice-providers-education-and-training-overseas-students-2018)
Under the ESOS framework, you have the right to:
- Receive current, accurate information about your course, fees, modes of study, and other relevant details from ATCWA and any education agent, before you enrol.
- Sign a written agreement with ATCWA before or at the time you pay fees, setting out the services to be provided, the fees payable, and our refund policy. You should keep a copy of this agreement.
- Receive the education you have paid for. If ATCWA is unable to teach your course, the Tuition Protection Service (TPS) provides consumer protection either a placement in a suitable alternative course, or a refund of unspent, prepaid tuition fees. More information is available at (https://tps.gov.au).
- Access school-managed complaints and appeals processes, and to have any complaint or appeal resolved fairly, promptly, and free of charge or at minimal cost.
- Be given clear information about attendance and course progress monitoring requirements that apply to your course before you accept your offer.
- If you are under 18, be granted a visa only where appropriate arrangements are in place for your accommodation, support, and general welfare.
- Have your personal information handled in accordance with Australian privacy law, and to access personal information ATCWA holds about you.
- Transfer to another registered provider under certain conditions please note that a provider cannot generally enrol a student wishing to transfer before that student has completed six months of their principal course, without the original provider’s permission, except in defined circumstances (for example, where the original provider has ceased to offer the course, or where there is evidence the student’s welfare is at risk).
Be protected from the payment of education agent commissions on most onshore transfers, following amendments to the National Code that took effect from January 2026.
- Complying with all conditions of your student visa, including work limitations and course enrolment requirements. You can check your visa conditions using VEVO (https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/check-conditions-online).
- Maintaining a full-time enrolment in a CRICOS-registered course for the full duration of your study in Australia, unless you have approval for an authorised exception (such as a compassionate or compelling circumstance).
Meeting satisfactory course progress requirements, as set out in ATCWA’s Course Progress Policy. - Meeting attendance requirements where applicable to your course, as set out in ATCWA’s Attendance Policy.
- Advising ATCWA of any change to your contact details, including your residential address, within 7 days of the change.
– Paying course fees, and any other amounts owing, in accordance with your written agreement and ATCWA’s fee schedule. - Behaving appropriately and in accordance with ATCWA’s Student Code of Conduct, including toward staff, other students, and members of the public.
- Maintaining genuine student and genuine temporary entrant intentions consistent with the conditions of your visa.
- Notifying ATCWA promptly of any circumstances that may affect your ability to meet course requirements, so that support can be arranged where possible.
- Holding Overseas Student Health Cover (OSHC) for the full duration of your stay in Australia, as required by your visa conditions.
Where to Get Help
If you have questions about your rights or responsibilities under the ESOS framework, or need support with any aspect of your studies, please contact ATCWA’s Student Support team see the Student Support Services (https://atc.wa.edu.au/student-support-services/) page for details.
For independent information about studying in Australia as an overseas student, visit Study Australia (https://www.studyaustralia.gov.au/).
Contact:
Perth Campus: 8 Francis Street, Perth WA 6000
Sydney Campus: 47 Rickard Road, Bankstown NSW 2200
Training Kitchen: Unit 2, 2324 Albany Highway, Gosnells WA 6110
Phone (UAN): 1300 378 896
Perth: +61 (8) 6377 8270
Sydney: +61 (2) 9909 5801
Email: info@atc.wa.edu.au