Starting 1 October 2019, the new Education Services for Overseas Students Regulations 2019 will take effect.
The Department of Education on published a Departmental Document on their website on 12 September 2019 outlining the changes in the new ESOS Regulations.
While the ESOS Regulations are substantially the same as the current regulations, notable changes were highlighted as follows:
1. Education agents
Providers must now give information on education agents for every student enrolment where an agent of the provider facilitated the student’s acceptance for enrolment.
2. English language tests
Providers must now give more information on students’ English language proficiency in relation to student visas, specifically:
✔ the class of student visa applicant a student falls within (commonly referred to as evidence exemptions), if a student was not required to provide evidence of their level of English language proficiency for the purposes of a student visa.
3. When students breach their visa requirements
Providers must give further prescribed information about students who have breached a condition of a student visa with respect to course attendance or progress requirements; specifically, the student’s contact details, their residential address in Australia and their residential address overseas.
4. Tuition fees definition
The list of definitions specific to the ESOS Regulations has been expanded to provide improved guidance for providers, and now includes a definition of tuition fees that expands upon the definition under section 7 of the ESOS Act.
5. Other minor amendments
A number of minor additions, deletions and changes were made as follows.
✔ The reference to course level has been clarified to refer to the Australian Qualifications Framework. Reference to the course field of study has been clarified to refer to the Australian Standard Classification of Education.
✔ Where the course is, or is to be, provided under an arrangement with another registered provider or a non-registered provider, providers must give the name, phone number and email address of the individual who is responsible for the day-to-day operation of the other registered provider or the other person, at that location.
✔ The requirement for providers to give domestic student numbers has been removed.
✔ Providers must give the name, phone number and email address of their principal executive officer.
✔ Providers must give information about accepted students as follows:
● when a student changes their course, in addition to the student’s contact details, providers must give the day the student changes their course
● when a student’s course changes duration, in addition to the student’s contact details, providers must give the day the change takes effect
● when a student’s course changes location, in addition to the student’s contact details, providers must give the day the change takes effect
● when a student’s studies are deferred or suspended, in addition to the student’s contact details and the expected duration of the deferment or suspension, providers must give the date deferment or suspension starts
● in the event that the provider gives particulars of a student’s breach of their student visa conditions, providers must give the student’s contact details and residential address in Australia and their residential address overseas, and
● when a student’s studies are terminated (whether or not by the student), in addition to the student’s contact details, providers must give the day the student’s studies are terminated and the last day of the student’s studies.
What you need to do:
PRISMS enhancements will be released on 1 October 2019, enabling you to give all information required by the ESOS Regulations.
The Department of Education will publish guidance resources through PRISMS to support your use of the enhancements.