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providers in Australia

Proposed Changes to the ESOS Act

Monday, July 13 2015

The federal government has announced proposed changes to the Educational Services for Overseas Students Act (ESOS) that provides a key element of the legislative framework to ensure the delivery of high quality services to international students.

The government is inviting submissions on the proposed changes by 7 August 2015.

The draft Bills, Explanatory Overview of the proposed amendments to the ESOS Act and details of the submission process are provided by clicking here.

The proposed legislative amendments seek to align some ESOS regulatory arrangements with those of the domestic regulators and to also streamline and simplify some of the provider administrative and reporting arrangements.

The proposals aimed at aligning ESOS and domestic regulatory arrangements will enable a simpler administration of registration processes. This will see, for example, the alignment of provider registration periods and a greater sharing of information across agencies (including with the Director, Tuition Protection Service) to support registration, compliance and enforcement activities.

The measures aimed at reducing ‘red tape’ for providers include the ability for students to pay more up front than the 50 per cent of tuition fees limit that is currently prescribed.  The present requirement for non-exempt providers (private providers) to maintain designated accounts for these funds will be abolished.

The current definition of study periods and that they can be no longer than 24 weeks will be repealed. This will enable a better alignment with provider operations and reduce administrative complexity.

Provider reporting of student enrolment changes will be extended from 14 days to 31 days (for students 18 years and over) with the requirement to report student defaults within five days abolished.

Member feedback on the proposed changes is most welcome and should be forwarded to Neil Miller by 31 July 2015.


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