unless specific conditions apply. These include your current provider being unable to deliver your course, a government sponsor supporting the change in writing, the provider agreeing to the transfer, or where your welfare is at risk. Raise the matter formally with your provider first, either way.
What the ESOS Framework Is
The ESOS Framework, short for the Education Services for Overseas Students framework, is the set of Australian laws and standards that govern how education providers treat international students. It sits under the Education Services for Overseas Students Act 2000.
It is the legal backbone that gives you real, enforceable rights as a student studying in Australia on a student visa.
The framework applies to every registered provider in the country. If a college or training organisation is listed on the CRICOS register (the Commonwealth Register of Institutions and Courses for Overseas Students), they are legally bound to follow it.
What Your Provider Is Required to Do
A lot of students assume their provider is acting in good faith because they paid fees and enrolled. That assumption gets people into trouble.
The ESOS Framework does not rely on trust. It makes fair treatment a legal obligation.
Before You Start Your Course
Your provider must give you a written agreement before you pay. That agreement has to include the total cost of your course, the refund policy, and how your enrolment will be managed.
If they skip this step or pressure you to pay before you have the agreement in hand, that is already a problem.
| We always tell students this: Screenshot everything, save every email, and keep a PDF of your written agreement in a separate folder the moment you receive it. If a dispute arises, that document is your evidence. |
During Your Enrolment
Providers are required to report attendance and course progress through a government system called PRISMS, which is managed by the Department of Education. This data is shared with the Department of Home Affairs and directly affects your student visa.
Here is something a lot of students do not know. If your attendance drops or your progress falls behind, your provider must notify you first and give you a genuine chance to respond before taking any action. They cannot log a report against you without that step.
They also cannot move your classes to a different location or significantly change your course without your written agreement. One case we have seen raised repeatedly involves students being shifted from a city campus to a regional site hours away, without seeking prior written consent. That is a breach of the National Code 2018.
| Our tip here: If your provider tells you about a change verbally, follow up in writing. Reply to them by email confirming what was discussed. This creates a record if things go sideways later. |
Refunds and What Happens If a Provider Closes
Withdrawing Before Your Course Starts
If you withdraw before your course starts, your provider must refund your tuition fees within four weeks. Under the ESOS (Calculation of Refund) Specification, the maximum they can legally retain is the lesser of 5% of the total tuition fees received or $500.
An updated refund calculation instrument also took effect on 1 October 2024. This provides clearer guidance on how unspent tuition fees are calculated, especially during provider defaults. If your provider suggests a different formula, ask them to identify the specific legislative instrument they are using to justify that amount.
Withdrawing After Your Course Has Started
Refund terms depend on your written agreement once your course has begun, though that agreement must still comply with the minimum protections set out in the National Code 2018.
This is exactly why reading that document before you sign anything matters so much.
The Tuition Protection Service
If your provider closes down or cannot deliver your course, Australia’s government-backed Tuition Protection Service (TPS) steps in. It will either help you find a placement with another registered provider or arrange a refund of unused tuition fees.
You do not have to chase the collapsed provider for your money. The TPS exists so that the burden does not fall on you.
| We want to be direct about this: The TPS is not just theoretical. Providers have failed in Australia, and students have been protected because of it. But it only helps you if you enrolled with a CRICOS-registered provider in the first place. That registration check is non-negotiable before you commit to anyone. |
Your Right to Complain and Why You Should Use It
The most common concern we hear from students is this: “If I complain, will it affect my visa?”
The answer is no. Using your rights under the ESOS Framework is the set of Australian laws and standards that govern how education providers treat international students.
Start With Your Provider’s Internal Process
Your provider must have a formal complaints and appeals process. If something has gone wrong, start there. Put it in writing, be specific about the issue, and keep a copy of every response you receive.
External Options If the Internal Process Fails
If your provider’s process does not resolve things, you have real external options.
- The Overseas Students Ombudsman (OSO) handles complaints against private registered providers at no cost. For public providers like TAFE, each state has its own ombudsman.
- For VET providers specifically, the Australian Skills Quality Authority (ASQA) is the national regulator. Serious breaches can be reported directly to ASQA.
- From 1 February 2025, the National Student Ombudsman (NSO) also started operating as an independent escalated complaints service for students in higher education. It covers issues from refund disputes to discrimination and administrative failures by providers.
Note that the OSO remains the dedicated body for international student complaints at private providers. The NSO is an additional escalation pathway for higher education students specifically.
| Our honest advice: Don’t let a complaint sit. There are timeframes attached to appeals, and waiting too long can close off your options. If your provider gives you a decision you disagree with, ask them the same day what the appeal deadline is. |
A Few Things Students Often Get Wrong
| Common Assumption | What’s Actually True |
| “My provider can cancel my course anytime.” | They must notify you and arrange alternatives or refunds. |
| “I have no rights if I’m on a student visa.” | Your visa status does not remove your ESOS protections. |
| “The refund policy is whatever they say it is.” | It must comply with the minimums in the National Code 2018. |
| “I have to accept course changes.” | Significant changes require your written consent. |
| “Complaining will hurt my visa.” | It won’t. You are legally entitled to raise concerns. |
If You’re Studying Vocational Education and Training
Students in VET courses, including certificate and diploma programmes, are covered under the same ESOS Framework. ASQA is the national regulator for VET providers, and any registered training organisation (RTO) listed on CRICOS must meet both the National Code and the Standards for Registered Training Organisations 2015.
This matters in practice. VET qualifications in Australia are nationally recognised under the Australian Qualifications Framework. If your provider is properly registered, your qualification carries genuine weight in the Australian job market and for future visa pathways.
| Something worth knowing: The ESOS Framework gives VET students the same core protections as university students. We often see VET students assume their rights are weaker. They are not. |
Before You Do Anything, Check the Register
Whether you are still choosing a provider or already enrolled, go to CRICOS and confirm their registration. A provider that is not on CRICOS cannot legally enrol international students.
It’s that straightforward.
If something is already wrong and you need support, the Overseas Students Ombudsman is available. The service is free, independent, and built specifically for your situation.
Do not wait until a small problem becomes a big one. These protections exist. Use them.
Frequently Asked Questions
Can I transfer to a different VET provider before completing six months of my course?
Generally, no. Under Standard 7 of the National Code 2018, you must complete at least six months of your principal course first. Exceptions exist if your provider can’t deliver the course, your welfare is at risk, or the provider agrees in writing. Either way, raise it formally with your provider first.
Can my VET provider ask me to pay more than 50% of my total course fees before I even start?
No, they cannot. Under the ESOS Act, a registered provider cannot collect more than 50% of your total tuition fees before your course begins, unless you have specifically agreed to it in writing. If you are being asked to pay the full amount upfront as a condition of enrolment, check your written agreement carefully and, if needed, raise the issue with ASQA.
If I enrolled through an education agent, are my ESOS rights still fully protected?
Yes, your rights under the ESOS Framework apply regardless of how you enrolled. Your legal relationship is with your registered provider, not the agent. If your agent gave you misleading information about the course or provider, that is actually considered a breach of the ESOS Act, and you can use it as valid grounds to request a transfer or raise a formal complaint through the Overseas Students Ombudsman.
