Monash ESOS Compliance Manual

B       LEGISLATIVE FRAMEWORK

The ESOS framework is comprised of:

• The ESOS Act 2000
• ESOS Regulations 2001
• The Education Services for Overseas Students (Registration Charges) Act 1997
• National Code of Practice 2007

 The ESOS Act is complemented by the Migration Act 1958, Migration Regulations 1994 and State and Territory Legislation. ESOS (FROM January 2012) is regulated by the Tertiary Education Quality and Standards Agency (TEQSA).

Government levels and departments responsible for administering ESOS

Responsibility for ESOS exists at the Federal level. Prior to January 2012, a shared responsibility framework existed between DEEWR and the State designated authorities. The Victorian Registration and Qualifications Authority (VRQA) was the designated authority at the Victorian State level.

DEEWR responsibility

The responsibilities of State and Commonwealth are set out in part B of the code and s.43 of the ESOS Act. With the introduction of TEQSA (which assumes responsibility for State authorities) it is expected that revisions to the act and code will be made to accommodate the changed responsibility.

DEEWR is responsible for administering the ESOS Act and its associated instruments. It is responsible for managing CRICOS and overseeing policy development. It monitors compliance with the ESOS Act and standards in the National Code focusing on visa integrity and consumer protection. It has primary responsibility for investigating and instigating compliance action for breaches of the Act and Code.

TEQSA responsibility

TEQSA has defined its function as follows: "[It] is Australia's regulatory and quality agency for higher education. TEQSA's primary aim is to ensure that students receive a high quality education at any Australian higher education provider. See TEQSA.

TEQSA is currently operating in a quality assurance capacity and will begin its regulatory functions in January 2012. Until this time the Government Accreditation Authorities (GAAs) in each state and territory will continue their role as regulation authorities. Click here for more information about the GAAs".

 The responsibilities of the VRQA included assessing applications for registration and re-registration on CRICOS and monitoring compliance with the National Code.

Legal effect of the National Code

Section 40 of the ESOS Act 2000 states that ‘the only legal effects of the national code are the effects that this Act expressly provides for'. The note to s.40 says the following:

This Act provides that compliance with the National Code is a prerequisite for registration (see section 9) and that sanctions under Division 1 of Part 6 may be imposed on a registered provider who breaches the national code.

The National Code 2007 (NC07), Part A, 7.3 affirms these statements.

Back to manual                                                 <<Previous page                                              Next page>>