Apex Australia Vocational
Education Governance

ESOS Framework

The Education Services for Overseas Students Act 2000 (Cth) (“ESOS Act”) sets out the legislative requirements and standards for registered international education providers delivering education and training to international students in Australia on a student visa. The ESOS Act also provides Tuition Protection Service (TPS) for international students. Further information on the ESOS Framework can be found at:

https://internationaleducation.gov.au/Regulatory-information/Pages/Regulatoryinformation.aspx

Apex’s Obligations Under The ESOS Act

The ESOS Framework sets out standards that all Australian institutions registered to provide international education must meet when providing education services to International students. These standards ensure that as an international student you are offered information and services including:

• Orientation services to all enrolled students;
• Support services to help you study and adjust to life in Australia;
• The contact details of all support officers to help international students;
• Deferment, suspension and cancelation of studies information;
• Recognition of prior learning and credit transfer information;
• Satisfactory course progress and intervention strategies if you are at risk of not meeting satisfactory course progress;
• Complaints and Appeals process; and
• All staff members must understand the issues faced by the overseas students and assist students in any way possible to adjust to college life. Staff members are advised to speak slowly and clearly and provide clear and accurate information in a professional way when dealing with students.

Your Rights Under The ESOS Act

If you are an international student on student visa in Australia, then the ESOS Act applies you. The ESOS Act protects the rights of international students studying in Australia on a student visa, including:

• Your right to receive current and accurate information before enrolling about the courses, fees, modes of study, and other information from your institution and your institution’s agent.
• Your right to sign a written agreement with your institution before paying fees, setting out the services to be provided, fees payable, and information about refunds of course money. Make sure to keep a copy of your written agreement.
• Tuition Protection Service (TPS), which is a placement and refund service for international students, which is activated in the event that your institution is unable to teach your course. Read more about this service on the Tuition Protection Service website: https://tps.gov.au/StaticContent/Get/StudentInformation

Your Obligations As An International Student

As an international student, you have a responsibility to:

• Satisfy your student visa conditions;
• Maintain your Overseas Student Health Cover (OSHC) for the period of your stay;
• Meet the terms of the written agreement with Apex
• Inform Apex staff if you change your address;
• Maintain satisfactory course progress; and
• Follow Apex policies and procedures.

For more information visit the ASQA website:
https://www.asqa.gov.au/esos-providers

Commonwealth Ombudsman

The Commonwealth Ombudsman investigates complaints about problems that overseas students have with private education and training in Australia.

In the event that you are not satisfied with the Apex’s internal procedures for handling a grievance or an issue you have raised, and you wish to complain about this to someone outside of the Apex, the Commonwealth Ombudsman is the correct channel for this to occur.

The Commonwealth Ombudsman can be reached on 1300 362 072 and is open from 9.00am to 5.00pm Monday to Friday. The Commonwealth Ombudsman can also be contacted via email on ombudsman@ombudsman.gov.au or GPO Box 442 Canberra ACT 2601.The Commonwealth Ombudsman’s web site is http://www.ombudsman.gov.au/contact-us.

The Commonwealth Ombudsman investigates complaints about:

• Refusing admission to a course
• Fees and refunds
• Course or provider transfer
• Course progress or attendance
• Cancellation of enrolment
• Accommodation or work arranged by a provider
• A provider not doing something or taking too long to do something
• Incorrect advice given by an education agent who has an agreement with a private provide

The Commonwealth Ombudsman treats all information with privacy and respect.

The Commonwealth Ombudsman cannot make decisions about academic merit. For example, if a provider has decided that a student has not met the course progress or attendance requirements, the Commonwealth Ombudsman cannot make a new decision about this. Instead the Commonwealth Ombudsman may look at whether the education provider followed the rules properly in making its decision and that the student was treated fairly