ESOS Act and National Code

National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) is a legislative instrument under the Education Services for Overseas Students Act 2000 (ESOS Act).

It outlines nationally consistent standards that protect international students and the quality delivery of education by providers registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

Your responsibilities

If you are a UQ staff member, it’s essential to understand the University’s requirements under the ESOS Framework.

Training is available to help you stay informed, including the ESOS for Student-Facing Staff module on Workday. If you are an international student, you can learn more about your rights and responsibilities here.

Need help?

If you are a UQ student and you have questions about your ESOS rights and responsibilities:

contact the ESOS helpline on +61 2 6240 5069 or
submit an online ESOS enquiry

Standard 1 – Marketing Information and Practices

The University must ensure that all marketing and promotional activities related to recruiting international students - including those conducted through education agents - are not false or misleading. To meet the requirements of Standard 1, UQ ensures:

marketing and promotion of courses (including through an agent) is not false or misleading and is consistent with Australian consumer law.

marketing and promotion clearly states the University’s name (The University of Queensland) and CRICOS Provider Number (00025B).

only CRICOS registered programs appear within marketing and promotional materials.

students are not actively recruited in any way that conflicts with Standard 7—Overseas Student Transfers.

Related UQ policies

Standard 2 - Recruitment of an Overseas Student

Standard 2 ensures international students are recruited responsibly. UQ must provide clear and accurate information in plain English to help students make informed decisions about studying at UQ.

Through study guides and websites, UQ details:

entry requirements for programs, including English language proficiency
CRICOS program codes, program content, award titles, attendance modes and work placements (if applicable)
program duration and academic calendar
estimated tuition and non-tuition fees, along with cancellation and refund policies
the circumstances under which a student’s enrolment may be deferred, suspended, or cancelled
campus locations, teaching venues and overview of facilities, equipment, and learning and library resources
policies and procedures for approving accommodation, support and welfare for students under 18
outline of the ESOS Framework
information about living in Australia

The application process ensures a student’s qualifications, English language proficiency and work experience (where applicable) are appropriate for the program they have applied for.

Recognition of prior learning (RPL) and granting of course credit is carried out in accordance with the National Code, and recorded on the student’s official academic record.

Related UQ policies

Information for students

Standard 3 – Formalisation of Enrolment and Written Agreements

Before paying any tuition or other fees, international students must enter into a written agreement with UQ. If the international student is under 18, the agreement must be signed or accepted by a parent or legal guardian.

To meet the requirements of Standard 3:

UQ’s 'Offer Letter' (the agreement) must include in plain English:

Program details including commencement date, location, mode of attendance, and any compulsory online or work-related training.
Prerequisites necessary to enter the program and any other conditions of enrolment.
Tuition and non-tuition fees payable, the time period to which tuition fees relate , and options for payment (including that the student may choose to pay more than 50% of their program fees before commencing).
Payment deadlines, payment options and the University’s refund procedure.
Circumstances where a student’s information will be shared under the Privacy Act 1988.
A statement that the agreement, and the right to appeal or make a complaint, does not affect the student’s rights under Australian Consumer Law.
That enrolled students must notify UQ of change of address within 7 days.

Overseas students are required to keep a copy of their offer and payment receipts and must ensure their contact information is kept up to date while studying in Australia.

UQ must ensure agreements and receipts of payments made by the students are kept for at least 2 years after the student ceases to be enrolled at UQ.

Related UQ policies

Information for students

Fees for international students - my.uq.edu.au

Standard 4 – Education Agents

Standard 4 clarifies the requirements for a written agreement between registered education providers and education agents

UQ must do everything it reasonably can to ensure it doesn’t work with agents who are dishonest or lack integrity, and ensure agents they work with understand the Australia education system.

The steps UQ takes to meet the requirements of Standard 4 include:

Having written agreements with agents that are compliant with the ESOS Act and the National Code..

Providing agents with training on the Australian international education industry.

Routinely monitoring the performance of agents and take action where unsatisfactory performance or false or misleading practices are identified.

Ensuring agent details are up to date in PRISMS.

Related UQ policies

Information for students

Find an agent near you - study.uq.edu.au

Standard 5 – Younger Overseas Students

UQ is committed to protecting the personal safety and social wellbeing of international students under 18 within the UQ community.

As a requirement of Standard 5, UQ must:

meet Commonwealth, state or territory legislation and other regulatory requirements relating to child welfare and protection.
have a compliant International Student Supervision Program.

Related UQ policies

Information for students

Under 18 International Student Supervision Program - study.uq.edu.au

Standard 6 – Overseas Student Support Services

Standard 6 continues to focus on student support services. To meet the requirements of Standard 6, UQ supports international students with adjusting to study and life in Australia and provides appropriate orientation programs. UQ also provides international students access to a range of information and services, including:

support services to help the transition to life and study in Australia
English language and study assistance programs
legal services
emergency and health services
facilities and resources
complaints and appeals processes
requirements for course attendance and progress (see Standard 8)
information on employment rights and conditions, and how to resolve workplace issues

All reasonable steps are taken to provide a safe environment on campus and advise international students on actions they can take to enhance their personal security and safety.

A critical incident policy and procedure is available with special provisions for international students. This includes incidents that may cause physical or psychological harm.

Related UQ policies

Information for students

Standard 7 – Overseas Student Transfers

Standard 7 gives greater guidance for providers on when a transfer request should be granted.

To meet the requirements of Standard 7, UQ must not knowingly enrol a student who wants to transfer from another education provider before they have completed six months of their principal course, unless specific conditions set out in the National Code are met.

The Transfer of Provider – Overseas Students Procedure explains how UQ meets these requirements and outlines the steps for assessing and approving transfer requests, whether a student is seeking to transfer to UQ or leave UQ for another provider.

Related UQ Policies

Transfer of Provider - Overseas Students Procedure

Information for students

Transferring credit between UQ programs

Standard 8 – Overseas Student Visa Requirements

Standard 8 requires registered providers to monitor international students’ compliance with their visa conditions relating to program attendance, progress and completion. It also prevents exclusively online or distance learning for an international student on a student visa.

UQ supports international students to complete their program within the duration specified on their CoE. The expected duration of study on a student’s CoE must not exceed the CRISCOS registered duration. To meet the requirements of Standard 8, UQ must:

Monitor and record student progress and manage:

minimum enrolment requirements
unsatisfactory progress
the use of intervention strategies where a student receives a progression alert or progression intervention notice and/or is refused enrolment.

Provide a written notice to students who are not meeting satisfactory progress, informing them that this will be reported via PRISMs.

Advise the international student of their right to access the registered provider’s internal complaints and appeals process within 20 working days.

Only extend enrolment in accordance with the National Code, for students who will not complete the course within the expected duration of their student visa because of:

compassionate or compelling circumstances
an intervention strategy implemented by UQ for at an at-risk student
an approved deferment or suspension of study granted under Standard 9.

Ensure international students on a student visa undertake no more than one-third of the entire program online.

Related UQ Policies

Information for students

Standard 9 – Deferring, Suspending or Cancelling the Overseas Student’s Enrolment

Standard 9 requires UQ to manage the enrolment of international students and maintain up-to-date enrolment information and processes.To meet the requirements of Standard 9, UQ must:

Defer or temporarily suspend an international student, only when:

Compelling or compassionate circumstances arise
They have engaged in misconduct, failed to pay fees, or breached their course progress (or, where applicable), course requirements

Inform students about the impact of deferring, suspending or cancelling their enrolment, and direct them to seek advice from the Department of Home Affairs.
Record approved applications for deferral, suspension or cancellation of enrolment are recorded in the student’s file and PRISMS.
Notify students that they have 20 working days to access the University’s complaints and appeals process.
In accordance with the National Code, ensure suspension or cancellationdoes not take effect until the internal process is completed, unless extenuating circumstances relating to the welfare of the student apply.

Related UQ policies

Information for students

Standard 10 – Complaints and Appeals

Standard 10 outlines the requirements relating to complaints and appeals.

UQ must ensure international students have access to professional, timely, and documented complaints handling and appeals processes.

Information about the policy and process for complaints and appeals must be comprehensive and easily accessible.

Related UQ Policies

Student Grievance Resolution Policy

Information for students

Complaints and academic appeals - my.uq.edu.au

Standard 11 – Additional Requirements

Standard 11 requires that UQ, as a self-accrediting provider, ensures all Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) registered programs meet the requirements of the National Code. To meet this standard, UQ must:

Seek approval from the ESOS agency, or designated State authority for:

program duration of full-time equivalent study
modes of study, including course components delivered as online study or placement
the number of international students enrolled in a program and the appropriateness of staff, resources and facilities for program delivery
arrangements with other providers (including partners) in delivering a program to international students.

Undergo an independent external audit of its ESOS compliance at least 18 months prior to the CRICOS registration renewal date.