ESOS / CRICOS / ELICOS

Education Services for Overseas Students Act (ESOS).

ThisÌýpage provides general information about ESOS and the National Code, CRICOS and the ELICOS Standards as well as legislative updates, and other useful information and resources to assist areas of the University to understand and implement these important legal requirements.

The has been developed for all staff. While this course is compulsory for all new staff, existing staff can retake the course at any time to refresh their knowledge of ESOS. See below for additional information.

The regulates education services for overseas students.

The principal objectives of this Act are:

  • to provide financial and tuition assurance to overseas students for courses for which they have paid; and
  • to protect and enhance Australia’s reputation for quality education and training services; and
  • to complement Australia’s migration laws by ensuring providers collect and report information relevant to the administration of the law relating to student visas.

The University regards the ESOS Act as aÌýTier 1Ìýpiece of legislation.

All staff who have interactions with overseas students or programs delivered to overseas students are required to have an understanding of the University's obligations under the and potential implications for students arising from exercising of these obligations.

  • ESOS Latest News

    ESOS return to complianceÌý

    TEQSA now expects that all providers will transition to compliance with the ESOS National Code by 30 June 2023, where it is safe and practical to do so. For clarity, the ESOS National Code applies to all international students studying on an Australian student visa. For further information please click .

    ESOS reviewÌý

    On 26 November 2021, the Australian Government released the . As part of the Strategy the Government is undertaking a review of the Education Services for Overseas Students (ESOS) legislative framework, including the National Code of Practice for Providers of Education and Training to Overseas Students 2018. The Government is seeking to ensure that policy and regulatory frameworks keep pace with global developments and support the delivery of the Strategy’s objectives. Therefore, as part of the Strategy, the Government is undertaking a review of the Education Services for Overseas Students Act 2000 (ESOS Act) and the associated legislative framework. The review will support the Strategy’s priorities of diversification, meeting Australia’s skills needs, placing students at the centre, sector growth and global competitiveness. The Department of Education, Skills and Employment (DESE) have released a on the review.Ìý

    TEQSA changes to fees and chargesÌý

    TEQSA increased its fees and introduced new charges from 1 January 2023 to recover costs for regulatory activities undertaken to support Australia’s higher education sector. For further information please click .Ìý

    PRISMS Modernisation Project

    The Australian Government plans to invest $17.3 million over two years (2022–2024) to modernise the Provider Registration and International Student Management System (PRISMS) in order to streamline enrolments for international students and Australian education providers. For further information please click .Ìý
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  • CRICOS Re-registration

    An audit of the University’s compliance with the ESOS framework was conducted in June 2021 in preparation for the University’s application for CRICOS re-registration, was lodged in May 2022.

    A steering group comprising the Pro Vice-Chancellor (International),ÌýDeputy Dean, Learning and Teaching, SET and Manager, oversaw implementation of the Auditor's recommendations, and the application for CRICOS re-registration.

    Education Policy and Compliance prepared the ESOS Audit of Evidence, demonstratingÌýhow the University complies with the Ìýfor the Audit, and submitted it to TEQSA with the application for CRICOS re-registration.

    The University submitted its CRICOS re-registration application on 12 May 2022 and received TEQSA’s decision to approve renewal for the maximum term of 7 years, with no conditions.

    Re-registration for the maximum period of 7 years until 12 July 2030 has been granted.
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  • ESOS guide (Audit of Evidence)

    The University ESOS guide has beenÌýprepared in order to provide staff with a detailedÌýsummary that addresses how the University meets the requirements of each of the eleven standards of theÌý. Supporting evidence is contained within each standard includingÌýembedded links and operational and strategic documents.

    The ESOS guide is a working document that requires regular updating and advice from multiple areas across the University.

    Please contact International ComplianceÌýdirectly for general informationÌýabout ESOS, or withÌýproposed updates or amendments to the information contained in the ESOS guide.

  • ESOS training

    The University must comply with its obligations under ESOS and the National Code in order to remain registered to deliver programs to overseas students in Australia.ÌýTo assist staff working with international students or those involved in the delivery of programs to international students an ESOS training course has been developed to help them understand the University’s obligations under the ESOS Framework.

    Staff are required to complete the course as part of the induction program.Ìý

    The ESOS course:

    • provides staff with the essential introductory knowledge of the ESOS Framework and highlights our responsibilities in delivering education and services to overseas students;
    • takes around 20 - 30 minutes to complete;
    • includes a short 10 question quiz, with a pass mark of 80%.

    Any questions about this course can be directed to International Compliance.

    In addition, the International Education Association is pleased to announce the release of the National Code Tutorial (NCT) instructional tool.ÌýThe NCT is a certified course designed for professionals working in the international education sector to gain knowledge and understanding of the and the . *Please note that feesÌýapply forÌýthis course.

  • National Code (2018)

    TheÌý is the legislative instrument that supports ESOS.

    • Changes to the National CodeÌýcommenced on 1 January 2018.
    • TheÌýNational CodeÌýis now comprised of 2 parts:
      1. Part AÌýoutlinesÌýthe purpose of the National Code, and
      2. Part B contains the 11 Standards that providers must meet in their interactions with overseas students.
    • The Department of Education and Training (DET)Ìýhas workedÌýwith the sector to develop system changes and explanatory materials.
  • University Designated Specialist Officers (DSO)

    Designated Specialist Officers (DSOs) have specialist knowledge and experience, and an operational understanding of the requirements of an Act as it applies to both general and specific University activities.

    A DSO is best placed to provide advice about legislation, or know where to go for further assistance.Ìý

    Find out more about theÌýUniversity DSOs for the ESOS Act.

  • University Principal Executive Officer (PEO)

    Associate Professor Graham Hardy, Interim Pro Vice-Chancellor, Student Learning, Division ofÌýAcademic and Student Engagement, as the PEO, is responsible for ensuring compliance with the ESOS Act and the National Code including:

    • Ensuring the University’s Annual Registration Charge is paid;
    • Ensuring the University’s TPS levy is paid
    • Maintaining user access for staff members using PRISMS
  • Concerns about ESOS Compliance?

    If you have a concern regarding the University’s compliance with ESOS you should raise the issue with your line manager. In the event that the issue is unresolved you can raise the issue with any of the UniversityÌýDSOsÌýor alternatively emailÌýlegalcompliance@adelaide.edu.au.

    If you receive a notice from any regulatory body notifying the University that it is in breach of ESOS legislation you should immediately inform Legal and Risk by completing anÌý.ÌýIf you have any questions please emailÌýlegalcompliance@adelaide.edu.au.

  • Additional information and resources

    • International Compliance has prepared aÌýSnapshotÌýwhich provides you with the key points explaining what ESOS is and its purpose.
    • Risk ServicesÌýprepared aÌý101 summaryÌýof the ESOS legislation whichÌýsets out the consequences of non-compliance as well as an ESOS Act legislative summary.
    • provides more student facing information.
    • Contact International ComplianceÌýfor general information about ESOS.

TEQSA is responsible for assessing applications for inclusion on theÌýÌýand may approve that a provider be registered on CRICOS. Only CRICOS-registered providers can offer programs to overseas students in Australia on student visas.

All programs that meet the requirements of theÌýÌýandÌýÌýcan be registered on CRICOS and offered to overseas students. The Educational Compliance teamÌýfacilitate all program CRICOS registrations.

All new programs must first be approved by the University's Academic Program Entry and Approval Committee (APEAC) before being consideredÌýfor registration on CRICOS.

      For any questions regarding CRICOS registration please contact International Compliance.