EXPLANATORY STATEMENT

Issued by the authority of the Hon Jason Clare MP, Minister for Education

Education Services for Overseas Students Act 2000

Education Services for Overseas Students Amendment (Integrity Measures) Regulations 2025

AUTHORITY

Section 177 of the Education Services for Overseas Students Act 2000 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. The amendments made by the Education Services for Overseas Students Amendment (Integrity Measures) Regulations 2025 (the Amendment Regulations) to the Education Services for Overseas Students Regulations 2019 (the Principal Regulations) rely on this provision.

PURPOSE AND OPERATION

The Amendment Regulations amend the Principal Regulations to address integrity issues within the international education sector by strengthening provisions to ensure that providers are adequately assessing overseas students’ English language proficiencies and by making consequential amendments to complement certain amendments made to the Act by the Education Legislation Amendment (Integrity and Other Measures) Bill 2025.

The Amendment Regulations amend the Principal Regulations to, if an accepted student has undertaken an English language test, require providers to give the Department of Education (the department) additional information about that test and to keep records of that test. This amendment addresses integrity issues which were identified in the Rapid Review into the Exploitation of Australia’s Visa System (the Nixon Review) and the Government’s Migration Strategy. The Nixon Review found that language barriers placed temporary migrant workers at high risk of workplace exploitation. This amendment will increase providers’ accountability for recruitment decisions and discourage the recruitment of non-genuine students. Requiring providers to ensure that the students they enrol have adequate English language proficiency will help these students to have a positive educational experience in Australia, be better placed to live independently in Australia and to engage with the broader community. Students with strong English language skills may also be better prepared for the skilled workforce should they wish to apply for a graduate visa post-study and to better understand their workplace rights, which reduces the risk of exploitation.

The additional information about an accepted student’s English language test that providers must give under the Amendment Regulations includes the official English language test result reference number and/or unique student reference number for the test they have undertaken. Along with the name of the English test, the day the student undertook the test and the student’s test score, this information may be used to enable the department to verify the accuracy of the student’s English test. Complementing this amendment, the Amendment Regulations also require providers to keep records of the same information.    

The Amendment Regulations also make consequential amendments to the Principal Regulations to update terminology consistent with the new definition of “education agent” proposed to be included in the Act by the Education Legislation Amendment (Integrity and Other Measures) Bill 2025 and to include a new definition of “recruitment activity”.

COMMENCEMENT

The amendments in Part 1 of Schedule 1 commence the later of the day after the Amendment Regulations are registered and the day the Education Legislation Amendment (Integrity and Other Measures) Act 2025 commences. However, the provisions do not commence at all if the Education Legislation Amendment (Integrity and Other Measures) Act 2025 does not commence.

The amendments in Part 2 of Schedule 1 commence the day after the registration of the Amendment Regulations. These amendments are complementary to but independent of the passage of the Education Legislation Amendment (Integrity and Other Measures) Bill 2025.

CONSULTATION

As amendments in Part 1 of Schedule 1 are consequential to the new definition of “education agent” from the Education Legislation Amendment (Integrity and Other Measures) Bill 2025, consultation on this change occurred with the sector during the development of the draft International Education and Skills Strategic Framework. Significant consultation was also undertaken on the measures related to education agents as part of the debate on the Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024 in Parliament. The department received over 115 written submissions and met with over 150 unique stakeholders, including 10 peak bodies, in relation to that bill. Very similar measures were then subsequently included in the Education Legislation Amendment (Integrity and Other Measures) Bill 2025.

Consultation on the English language testing changes in Part 2 of Schedule 1 occurred with the sector as part of the development of the Migration Strategy. Specific consultation on the English language testing record keeping requirements has not occurred as the changes are minor and respond to stakeholder feedback.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Education Services for Overseas Students Amendment (Integrity Measures) Regulations 2025

The Education Services for Overseas Students Amendment (Integrity Measures) Regulations 2025 (the Amendment Regulations) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Amendment Regulations amend the Principal Regulations to address integrity issues within the international education sector by strengthening provisions to ensure that providers are adequately assessing overseas students’ English language proficiencies and by making consequential amendments to complement certain amendments made to the Education Services for Overseas Students Act 2000 (the Act) by the Education Legislation Amendment (Integrity and Other Measures) Bill 2025.

The Amendment Regulations amend the Education Services for Overseas Students Regulations 2019 (the Principal Regulations) to, if an accepted student has undertaken an English language test, require providers to give the Department of Education (the department) additional information about that test and to keep records of that test. This amendment addresses integrity issues that were identified in the Rapid Review into the Exploitation of Australia’s Visa System (the Nixon Review) and the Government’s Migration Strategy. The Nixon Review found that language barriers placed temporary migrant workers at high risk of workplace exploitation. This amendment will increase providers’ accountability for recruitment decisions and discourage the recruitment of non-genuine students. Requiring providers to ensure that the students they enrol have adequate English language proficiency will help these students have a positive educational experience in Australia, be better placed to live independently in Australia and to engage with the broader community. Students with strong English language skills may also be better prepared for the skilled workforce should they wish to apply for a graduate visa post-study and can understand their workplace rights, which reduces the risk of exploitation.

The additional information about an accepted student’s English language test that providers must give under the Amendment Regulations includes the official English language test result reference number and/or unique student reference number for the test they have undertaken. Along with the name of the English test, the day the student undertook the test and the student’s test score, this information may be used to enable the department to verify the accuracy of the student’s English test. Complementing this amendment, the Amendment Regulations also require providers to keep records of the same information.

The Amendment Regulations also make consequential amendments to the Principal Regulations to update terminology consistent with the new definition of “education agent” proposed to be included in the Act by the Education Legislation Amendment (Integrity and Other Measures) Bill 2025 and to include a new definition of “recruitment activity”.

Human rights implications

Right to education

The Amendment Regulations engage the right to education set out in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Article 13 recognises the important personal, societal, economic, and intellectual benefits of education. Article 13 also provides that secondary education in all its different forms, including higher education, shall be made generally available and accessible to all by every appropriate means.

By ensuring that providers give, and keep records of, accepted students’ English language test information, the Amendment Regulations safeguard the ability of overseas students to come to Australia to have a positive educational experience and to succeed in their studies by limiting the ability of providers and agents to recruit non-genuine students to Australia. This, in turn, promotes the right to education by protecting and enhancing Australia’s reputation for quality education and training services, a key objective of the Act.

Conclusion

The Amendment Regulations are compatible with human rights because they promote the protection of human rights.

Minister for Education, the Hon Jason Clare MP

EDUCATION SERVICES FOR OVERSEAS STUDENTS AMENDMENT (INTEGRITY MEASURES) REGULATIONS 2025

EXPLANATION OF PROVISIONS

Section 1: Name

1.   This is a formal provision specifying the name of the instrument, Education Services for Overseas Students Amendment (Integrity Measures) Regulations 2025 (the Amendment Regulations).

Section 2: Commencement

1.   The table in this clause sets out that the commencement date for provisions in Part 1 of Schedule 1 to the Amendment Regulations is the later of:

(a) the day after the Amendment Regulations are registered; and

(b) the day the Education Legislation Amendment (Integrity and Other Measures) Act 2025 (Amendment Act) commences.

1.   The table also provides that the provisions in Part 1 of Schedule 1 to the Amendment Regulations do not commence at all if the Amendment Act never commences.
2.   The table further provides that the provisions in Part 2 of Schedule 1 to the Amendment Regulations commence the day after the Amendment Regulations are registered.

Section 3: Authority

1.   This section provides that the Amendment Regulations are made under the Education Services for Overseas Students Act 2000 (the Act).

Section 4: Schedules

1.   This section provides that each instrument that is specified in a Schedule to the Amendment Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Amendment Regulations has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendments relating to the Education Legislation Amendment (Integrity and Other Measures) Act 2025

Education Services for Overseas Students Regulations 2019

Item 1: Section 5 (paragraph (b) of the note to the heading)

1.   Item 1 inserts the word “education” before the word “agent” into the note at the start of the definitions section. The note explains that the term “agent,” now “education agent,” which is used in the Education Services for Overseas Students Regulations 2019 (the Principal Regulations), is defined in the Act and will have the definition inserted in the Act by the Amendment Act once that Act commences.

Item 2: Section 5 (at the end of the note to the heading)

1.   Item 2 inserts the term “study period” into the note at the start of the definitions section. The note explains that the new term “study period,” which is now used in the Principal Regulations (because of the amendments made by the Amendment Regulations), is defined in the Act and will have the definition inserted in the Act by the Amendment Act once that Act commences.

Item 3: Section 5

1.   Item 3 inserts a new definition for the term “recruitment activity”. The term “recruitment activity” is defined to mean “an activity mentioned in paragraph (a) of the definition of education agent in section 6BA of the ESOS Act”. The term “education agent” is defined in the Act and will have the definition inserted in the Act by the Amendment Act once that Act commences.

Item 4: Paragraph 8(2)(b)

1.   Item 4 replaces the term “holiday breaks” with “breaks between study periods” in relation to the duration of a course to align with terminology that will be included in the Act once the Amendment Act commences.

Item 5: Subsection 11(2) (table item 1, column 2)

1.   Item 5 repeals the sentence “agent of the provider facilitated the acceptance for enrolment of the student in the course” at item 1 in column 2 in the table at subsection 11(2) of the Principal Regulations, and substitutes it with the sentence “education agent engaged in recruitment activity in relation to the student”.

1.   The table in subsection 11(2) at item 1 prescribes information that must be given about education agents if an agent was involved in recruiting the student to the provider. This amendment updates the terminology to reflect the new definitions of “education agent” to be included in the Act, once the Amendment Act commences, and “recruitment activity” in the Principal Regulations.

Items 6 to 10: Subsection 11(2) (table item 1, column 3, paragraphs (a) to (j))

1.   Items 6 to 10 insert the word “education” before the word “agent” or “agent’s”, where relevant, at item 1 in column 3 of the table at subsection 11(2) of the Principal Regulations to update the terminology to reflect the new definition of “education agent” to be included in the Act once the Amendment Act commences.

Item 11: Subsection 11(2) (table item 1, column 3, paragraph (j))

1.   Item 11 repeals the words “facilitating the enrolment” and replaces them with “engaging in recruitment activity in relation to the student” at paragraph (j) of item 1 in column 3 in the table at subsection 11(2) of the Principal Regulations. This amendment updates the terminology to reflect the new definition of “recruitment activity” in the Principal Regulations.

Item 12: Paragraph 13(1)(h)

1.   Item 12 repeals the words “agent of the provider facilitated, or is facilitating, the enrolment of the student” in paragraph 13(1)(h) of the Principal Regulations and replaces them with “education agent engaged, or is engaging, in recruitment activity in relation to the student”.

1.   Subsection 13(1) requires providers to keep records of each accepted student for the purposes of paragraph 21(2)(d) of the Act. This amendment updates the terminology to reflect the new definitions of “education agent” to be included in the Act, once the Amendment Act commences, and “recruitment activity” in the Principal Regulations.

Items 13 to 17: Subparagraphs 13(1)(h)(i) to (x)

1.   Items 13 to 17 insert the word “education” before the word “agent” or “agent’s”, where relevant in subsection 13(1) of the Principal Regulations, to update the terminology to reflect the new definition of “education agent” to be included in the Act once the Amendment Act commences.

Item 18: Subparagraph 13(1)(h)(x)

1.   Item 18 repeals the words “facilitating the enrolment” in subparagraph 13(1)(h)(x) of the Principal Regulations and replaces them with “engaging in recruitment activity in relation to the student” to update the terminology to reflect the new definition of “recruitment activity” in the Principal Regulations.

Item 19: In the appropriate position in Part 5

1.   Item 19 amends the Principal Regulations to include the application provisions for the amendments made by Part 1 of Schedule 1 to the Amendment Regulations under the new heading “Division 2 – Application provisions relating to the Education Services for Overseas Students Amendment (Integrity Measures) Regulations 2025” and new section 30.

1.   New subsection 30(1) provides that the amendments of section 11 of the Principal Regulations made by Part 1 of Schedule 1 to the Amendment Regulations apply in relation to accepted students who are accepted for enrolment, or enrolled, in a course provided by a registered provider, on or after the commencement of the Amendment Act. This means that providers are required to give, for the purposes of paragraph 19(1)(f) of the Act, specified information about an education agent where that agent engaged in recruitment activity in relation to an accepted student who is accepted for enrolment, or enrolled, in a course provided by the provider on or after the commencement of the Amendment Act.

1.   New subsection 30(2) provides that the amendments of section 13 of the Principal Regulations made by Part 1 of Schedule 1 to the Amendment Regulations apply in relation to accepted students who are enrolled with a registered provider or who have paid any tuition fees for a course provided by the provider, on or after the commencement of the Amendment Act. This means that providers are required to keep records, for the purposes of paragraph 21(2)(d) of the Act, of specified information about an education agent where that agent engaged in recruitment activity in relation to an accepted student who is enrolled or paid tuition fees for a course provided by the provider on or after the commencement of the Amendment Act.

Part 2—Amendments relating to other matters

Education Services for Overseas Students Regulations 2019

Item 20: Section 5

1.   Item 20 inserts a new definition for the term “unique student reference number”. The term “unique student reference number” is defined to mean “the reference number assigned by the provider of an approved English language test required under paragraph 500.213(3)(a) of Schedule 2 to the Migration Regulations 1994 to an accepted student for the purposes of identifying the student in relation to that test.” The unique student reference number may be used to verify the accuracy of the student’s English language test result with the English language test provider.

Item 21: Paragraph 9(q)

1.   Item 21 repeals paragraph 9(q) of the Principal Regulations and replaces it with a requirement for the provider to give additional details, for the purposes of paragraph 19(1)(a) of the Act, about English language test information for accepted students.

1.   New paragraph 9(q) provides that if:

• at subparagraph (i), undertaking a particular test is a requirement specified under paragraph 500.213(3)(a) of Schedule 2 to the Migration Regulations 1994 (requirements about English language proficiency for Subclass 500 visas); and
• at subparagraph (ii), the student has undertaken that test (whether or not for the purposes of a Subclass 500 (Student) visa);

then the provider must give the following information:

• at subparagraph (iii), the name of the test;
• at subparagraph (iv), the day the student undertook the test;
• at subparagraph (v), the score the student received for the test;
• at subparagraph (vi), either or both the unique identifier for the test result the student received or the student’s unique student reference number (whichever is applicable).

1.   Previously, providers were only required to give details about the name of the test, the day the student undertook the test and the score the student received for the test. Requiring providers to give the additional details about a student’s English language test, specified at new subparagraph (vi), will increase providers’ accountability for recruitment decisions and discourage the recruitment of non-genuine students by ensuring that accepted students have the English language capability to productively engage with their studies in Australia and within the Australian community. The information may also be used to enable the department to verify the accuracy of the student’s English test result given by a provider with the relevant English language test provider.

Item 22: At the end of subsection 13(1)

1.   Item 22 inserts a new paragraph (i) at the end of subsection 13(1) of the Principal Regulations to require providers to keep records relating to an accepted student’s English language test. New paragraph 13(i) provides that if:

• at subparagraph (i), undertaking a particular test is a requirement specified under paragraph 500.213(3)(a) of Schedule 2 to the Migration Regulations 1994 (requirements about English language proficiency for Subclass 500 visas); and
• at subparagraph (ii), the student has undertaken that test (whether or not for the purposes of a Subclass 500 (Student) visa);

then the provider must keep records of the following information:

• at subparagraph (iii), the name of the test;
• at subparagraph (iv), the day the student undertook the test;
• at subparagraph (v), the score the student received for the test;
• at subparagraph (vi), either or both the unique identifier for the test result the student received or the student’s unique student reference number (whichever is applicable).
   

1.   The additional requirement for providers to keep records relating to an accepted student’s English language test further complements and ensures that providers are accountable for enrolling students who have adequate English language proficiency.

Item 23: In the appropriate position in Part 5

1.   Item 23 amends the Principal Regulations to include the application provisions for the amendments made by Part 2 of Schedule 1 to the Amendment Regulations under the new heading “Division 2 – Application provisions relating to the Education Services for Overseas Students Amendment (Integrity Measures) Regulations 2025” and new section 31.
    
2.   New subsection 31(1) provides that the amendment of section 9 of the Principal Regulations made by Part 2 of Schedule 1 to the Amendment Regulations applies in relation to persons who become accepted students of a registered provider on or after the commencement of those Regulations. This means that providers are required to give, for the purposes of paragraph 19(1)(a) of the Act, the English language test information in relation to any new accepted students who become accepted on or after commencement of the Amendment Regulations.

1.   New subsection 31(2) provides that the amendments of section 13 of the Principal Regulations made by Part 2 of Schedule 1 to the Amendment Regulations apply in relation to accepted students who are enrolled with a registered provider or who have paid any tuition fees for a course provided by the provider, on or after the commencement of those Regulations. This means that providers are required to keep records, for the purposes of paragraph 21(2)(d) of the Act, of the English language test information in relation to an accepted student who is enrolled, or paid tuition fees for a course provided by the provider on or after the commencement of the Amendment Regulations.