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ESOS Compliance

CQUniversity and the Australian Government want international students in Australia to have a safe, enjoyable and rewarding place to study. Australia's laws promote quality education and consumer protection for international students.

The ESOS Act enforces quality educational standards and protects the rights of international students. The National Code provides information on these standards designed to protect international student rights and govern the delivery of CRICOS registered programs.

A fact sheet is available for international students containing important information about your rights and responsibilities while studying in Australia.

Download Fact Sheet

Education Services for Overseas Students Act (ESOS Act) 2000 Compliance

ESOS Legislative Framework

CQUniversity is registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

Under the ESOS Act, CQUniversity is legally required to comply with the standards and requirements of the National Code of Practice for Registration Authorities  and Providers of Education and Training to Overseas Students (National Code 2007).

The ESOS Act and the National Code 2007 affect the way CQUniversity markets, offers and provides programs of study to international students studying in Australia.

The ESOS Act only applies to onshore international students who are studying in Australia on a student visa. The ESOS Act does not apply to students studying in offshore locations.

For further information refer to:

Staff Obligations

Staff who interact with international students must also understand their obligations under the ESOS Act. Staff are encouraged to attend ESOS information sessions. A summary of CQUniversity's obligations are as follows:

Marketing and Recruitment

CQUniversity is required to ensure that the marketing of its programs is professional, accurate and maintains the integrity and reputation of the University and education industry.

The University must also recruit students in an ethical and responsible manner and provide information that enables prospective students to make an informed decision about studying in Australia.

If staff are preparing written material (both in print and electronic format) to provide to prospective international students it must include the provider name (CQUniversity) and the University's CRICOS provider code 00219C. This information should also be included in emails (under the electronic signature block), letters, publications, advertisements, brochures or any other information provided in writing to prospective international students. If staff have any questions about the compliance of any marketing materials being prepared please contact the compliance team in the International Directorate.

Enrolment and Completion within the Expected Duration of Study

The ESOS Act requires that CQUniversity ensures international students are enrolled in the correct full-time load according to the requirements of their student visa.

When providing enrolment advice or authorising the enrolment of international students, staff need to be aware that unless there are compassionate or compelling circumstances that prohibit international students from studying full-time (24 units per compulsory term) students are not guaranteed an extension to their student visa if they do not complete within the CRICOS registered timeframe. Should students be enrolled in less than the full-time load in any given term they will not be guaranteed a new Confirmation of Enrolment (COE) to extend their student visa.

The University may only extend a student's duration of study in limited circumstances (as specified in the National Code 2007). These include compassionate or compelling circumstances, the implementation of an intervention strategy (Monitoring Academic Progress - MAP) or approved leave of absence from studies. The reasons for a student's under enrolment in these circumstances must be documented and retained on the student's TRIM file.

The University is required to monitor the study load of international students, in accordance with the Full-time Student - Duration of Study policy and procedures to ensure students can complete the program within the expected program duration, as registered on CRICOS and as identified by the length of their student visa.

Monitoring Program Progress

The University is required to monitor students' program progress in accordance with the Monitoring Academic Progress (MAP) Policy and Procedure.

The policy and procedures outlines the University's requirements for monitoring progress.

Each term, students will be identified and assessed. Students will be considered 'at risk' and making 'unsatisfactory academic progress' when:

  • In a term of enrolment fails more than 50 percent of the courses in which the student has been enrolled, or
  • Fails the same course twice, or
  • Fails to successfully compete required components as designated by the school, or
  • Fails to complete required directions as specified in the signed Action Plan.

Students are also required to meet the definition of satisfactory progress that is outlined in the rules governing progression of the programs in which they are enrolled.

Flexible Learning or Online Courses

International students are eligible to undertake flexible learning or online course only when the number of courses does not exceed more than 25 percent of the total program. The University must not enroll an international student exclusively in distance learning or online courses in any compulsory study period (i.e. standard compulsory teaching term). Enrolment must be maintained in at least one internal course.

In non-compulsory terms i.e. Term 3, students may enrol in exclusively flexible learning or online courses.

Staff responsible for providing enrolment advice to international students must take this restriction in  account when providing course/program advice to students.

Each term, Student  Services will check enrolments to ensure adherence with this requirement.

Complaints and Appeals

CQUniversity is required to provide international students with access to an appropriate internal complaints and appeals process. The Student Complaints policy and procedures outlines this process.

Students who are not satisfied with the outcome arising from the University's internal complaints and appeals process, may refer their appeal or complaint to the Queensland Ombudsman.

Transfer between Providers

International students may not be permitted to transfer between registered providers within the first six (6) calendar months unless they meet specific criteria. Any international student who wishes to transfer to another registered provider should be referred to the Transfer by International Students between Registered Providers policy, principles and procedures.

Deferring, Suspending or Cancelling a Student's Enrolment

International students may only defer commencement of studies or temporarily suspend their enrolment (leave of absence) where compassionate or compelling circumstances apply, Students should be referred to the Deferment and Pre-Ponement of Academic Commencement, or the Leave of Absence Policy and Procedure.

Staff providing advice to students about deferring their academic commencement, or taking leave of absence from their enrolment should advise that any changes to their enrolment status will be reported to the Department of Education (D.Ed) and that the change may affect their student visa.