Reducing regulatory barriers in the international education sector

Oct 15, 2026

Uploaded by Mia

Reducing regulatory barriers in the international education sector outlines Australian changes to the Education Services for Overseas Students Act 2000 (ESOS Act) that allow certain supplementary courses to be offered to international students without CRICOS registration. The refined ESOS definition of “course” aligns with the Australian Qualifications Framework, while legislative instruments may include or exempt additional supplementary courses. These reforms aim to increase access, support skills development and employability, address short-term workforce shortages, and lessen exploitation risk, with consultation and a forthcoming factsheet on covered courses.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages5

Reading Time13 min

AccessFree to download

Background

Supplementary courses

Legislative instrument

Effect of legislative instrument amendments

Reducing regulatory barriers in the international education sector Background The Australian Government is moving to implement changes to the Education Services for Overseas Students Act 2000 (ESOS Act) to allow some courses to be offered to international students without being registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) . These courses are referred to as supplementary courses and are low-cost, short in duration and allow overseas students to gain pre-requisite industry qualifications that will enrich their Australian experience and also improve their skills and employability, making them less vulnerable to exploitation in the workplace. Supplementary courses can be undertaken by students alongside their principal course, for which their visa was granted. Before the changes were made to the ESOS Act, the additional administrative and financial investment needed to maintain CRICOS registration meant few providers offered these courses to overseas students, limiting students’ access to training for employment in industries such as hospitality, health and construction. These changes permit more education providers to enter the market to deliver a wider range of supplementary courses to overseas students and assists Australian businesses to fill short-term skill shortages to deliver critically important goods and services. These amendments are made under the Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Act 2021 . Specifically, this new Act amends the ESOS Act to enable refunds of registration charges in special circumstances, redefine a course for the purposes of the ESOS Act and enable the Minister to include and exempt certain supplementary courses from the ESOS Act. Supplementary courses Refining the definition of “course” in the ESOS Act more explicitly aligns it with courses that are included in the Australian Qualifications Framework. The new definition of “course” includes only those courses which are already endorsed or accredited under a national, state or territory framework, as well as courses specific to the international education sector such as English Language Intensive Courses for Overseas Students (ELICOS courses) and Foundation Programs. This has the effect of excluding non-accredited hobby or recreational courses when delivered by non-higher education providers. From 2 March 2021, CRICOS registration is no longer required to offer courses of this type to international students. Individual units of competency remain within the definition of “course” and cannot be delivered to international students unless they are CRICOS registered. The refined definition of course is below, which commenced from Royal Assent on 2 March 2021. A course is a course of education or training that satisfies one or more of the following: (a) the course leads to a qualification recognised in the Australian Qualifications Framework; (b) the course is a course of education at a level that, under section 15 of the Australian Education Act 2013, constitutes primary education or secondary education; (c) the course is a Foundation Program; (d) the course is an ELICOS course; (e) the course is offered by a registered higher education provider; (f) the course is a VET course within the meaning of the National Vocational Education and Training Regulator Act 2011. Legislative instrument The Minister is now able to make a legislative instrument to include and exempt additional courses from the ESOS Act. This enables the exemption of supplementary courses which may be part of an Australian Qualifications Framework (AQF) qualification but the additional CRICOS requirements are not considered necessary. Once the legislative instrument is made, expected to be by July 2021, exempted courses will not require CRICOS registration to be offered to international students. Consultation with the international education indu

FAQs

What are supplementary courses under the ESOS Act changes?

Supplementary courses are low-cost, short-duration study options that allow international students to gain prerequisite industry qualifications and improve employability, without requiring CRICOS registration for certain exempted types.

How is the definition of “course” refined in the ESOS Act?

The refined definition restricts “course” to education or training already endorsed or accredited under national, state, or territory frameworks, including AQF-aligned qualifications, Foundation Programs, ELICOS, and VET courses.

What is the purpose of the legislative instrument and what changes when it is made?

The Minister can make a legislative instrument to include or exempt additional courses from the ESOS Act. Once made (expected by July 2021), exempted or included courses will not require CRICOS registration to be offered to international students.

Oct 15, 2026

Uploaded by Mia