Legislation that impacts International students

The VET Sector (Vocational Education and Training)

The VET accredited courses being delivered by Flinders International College require Flinders International College to adhere strictly to the Federal and State bodies which develop and oversee the delivery of the national curriculum. The VET sector is characterised by the use of Competency Based Training. Being competent in this context means having the skills, knowledge and attitudes to be able to perform job related tasks to pre-established industry standards.


Legislative Frameworks

The following information providers and overview of the ESOS and VET Quality regulatory frameworks and the National ELICOS Standards. Flinders International College policies and procedures and operating practices are in compliance with the requirements of the VET Quality and ESOS regulatory frameworks and the National ELICOS Standards.



VET Quality Framework

The Vocational Education and Training sector is heavily regulated because the provision of quality training significantly impacts the Australia’s reputation, the economy in general, industry and individuals lives. The VET Quality Framework includes:



ESOS Act 2000

Fee payment

The Education Services for Overseas Students Act 2000, or ESOS Act, establishes legislative requirements and standards for the regulation of education and training institutions offering courses to international students in Australia on a student visa. The ESOS Act also includes the regulatory framework for providing tuition fee protection for international students.


The Education Services for Overseas Students Act (ESOS) includes the ESOS Act 2000/ 2001 and updates, ESOS Regulations and National Code of Practice 2018 and related laws that set out the requirements for providers who deliver education services to international students on a student visa.


These laws protect international students and also help ensure students meet student visa conditions for attending classes and making satisfactory progress in their studies while in Australia


The National Code of Practice 2018

The National Code is established under the Education Services for Overseas Students (ESOS) Act 2000. To become CRICOS-registered, a provider must demonstrate that it complies with the requirements of the National Code. The National Code is a legislative instrument. It is legally enforceable and breaches of the National Code by providers can result in enforcement action under the ESOS Act. This action can include the imposition of conditions on registration or suspension or cancellation of registration. This includes conditions on registration, suspension or cancellation of registration.


The National Code complements existing national quality assurance frameworks in education and training including the Standards for RTO’s 2015 (for registered vocational education and training providers offering these courses).


In the unlikely event of Flinders International College being unable to fulfil its commitment to provide a course at the agreed date it will offer the International student a full refund of fees paid to date or re-schedule the course.


National ELICOS Standards

The National ELICOS Standards for providers and courses are guidelines for regulatory authorities to make recommendations for acceptance of providers to be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) under the ESOS legislative framework.


ELICOS (English Language Intensive Courses for Overseas Students) applies to students studying in Australia on student visas. ‘Intensive’ denotes full-time study comprising a minimum of 20 scheduled course contact hours per week of face-to-face classes of English language instruction.


Students come from overseas to study the English language for a variety of reasons. Some need to improve their English for work or career purposes, some have a personal interest in becoming fluent in English, and some intend to travel. Others may want to continue their education in English, either in Australia or elsewhere, and need to develop the language skills to undertake further study. Consequently, the National ELICOS Standards enhance Australia’s reputation as a provider of quality education to international education markets and assist in attracting high quality international students to Australia.


The ESOS Framework Student rights and responsibilities

The Australian Government wants overseas students in Australia to have a safe, enjoyable and rewarding place to study. Australia’s laws promote quality education and consumer protection for overseas students. These laws are known as the ESOS framework and they include the Education Services for Overseas Students (ESOS) Act 2000 and the National Code 2018.


Protection for overseas students

As an overseas student on a student visa, you must study with an education provider and in a course that can be found on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) at http://cricos.Department of Education.gov.au. CRICOS registration guarantees that the course and the education provider at which you study meet the high standards necessary for overseas students. Please check carefully that the details of your course including its location match the information on CRICOS.


Student rights

The ESOS framework protects students’ rights, including:



The Tuition Protection Service (TPS) is a placement and refund service for international students, which is activated in the event that your provider is unable to teach your course. Visit the TPS website for more information, at www.tps.gov.au.


The ESOS framework sets out the standards Australian providers offering education and training services to overseas students must meet. These standards cover a range of information you have a right to know and services that must be offered to you, including:



One of the standards does not allow another provider to enrol a student who wants to transfer to another course but who has not completed six months of the final course of study in Australia. If you want to transfer before you have completed six months of your final course you need your provider’s permission.


Student responsibilities

As an overseas student on a student visa, students have responsibilities to:



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