Education Services for Overseas Students (Suspension of Applications for Registration to the National VET Regulator) Determination 2026

EXPLANATORY STATEMENT

Issued by the authority of Assistant Minister for International Education

Education Services for Overseas Students Act 2000

Education Services for Overseas Students (Suspension of Applications for Registration to the National VET Regulator) Determination 2026

AUTHORITY

The Education Services for Overseas Students (Suspension of Applications for Registration to the National VET Regulator) Determination 2026 (the Instrument) is made under subsections 14E(1) and 14F(1) of the Education Services for Overseas Students Act 2000 (ESOS Act).

Subsections 14E(1) and 14F(1) of the ESOS Act provide that the Minister may, by legislative instrument, determine that certain applications must not be made during a specified period. This Instrument applies to applications for registration made to the National VET Regulator, which is the ESOS agency for registered vocational education and training (VET) providers (table item 2 of subsection 6C(1) of the ESOS Act) and some English Language Intensive Courses for Overseas Students (ELICOS) providers (table item 4 of subsection 6C(1) and subsection 6C(2) of the ESOS Act and paragraphs 6(b) and (e) of the Education Services for Overseas Students (ESOS Agency—ELICOS and Foundation Programs) Determination 2016).

PURPOSE AND OPERATION

The purpose of the Instrument is to temporarily suspend the making of applications to the National VET Regulator for registration to deliver courses to overseas students (CRICOS registration) and to add new courses to a provider’s existing CRICOS registration, under sections 9 and 10H of the ESOS Act. A provider’s registration is reflected on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) (section 14A of the ESOS Act).

The Australian Government is committed to strengthening the integrity of the Australian international education sector. The suspension of applications responds to emerging integrity concerns in the VET sector, particularly relating to poor quality and non-genuine new market entrants and concentrated growth in certain course areas. Temporarily halting new provider registrations and CRICOS course additions will allow the National VET Regulator to focus on the rigorous assessment of existing applications already on hand, undertake deeper integrity checks, and monitor market behaviour to ensure providers entering or expanding within the sector meet appropriate standards. The suspension operates for 12 months from the day after the Instrument is registered.

The suspension will not apply to certain applications that present a lower integrity and regulatory risk, including applications:

         made under sections 9 and 10H of the ESOS Act by government schools, registered VET providers owned or controlled (directly or indirectly) by a State or Territory, or Table A providers within the meaning of the Higher Education Support Act 2003;

         made under section 10H of the ESOS Act to add a location for a course the provider is, at the time the application was made, registered on CRICOS to deliver; or

         made under section 10H of the ESOS Act:

o       relating to a course identified on the National Register as superseding another course listed on the National Register (the superseded course), and

o       made by a registered VET provider that, at the time the application was made, was registered under the National Vocational Education and Training Regulator Act 2011 to deliver the superseded course.

COMMENCEMENT

The Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

In accordance with section 14G(1) of the ESOS Act, the Minister consulted with the Tertiary Education Quality and Standards Agency, as the national higher education regulator, the Australian Skills Quality Authority, as the National VET Regulator, and the Secretary of the Department of Education (in his capacity as the ESOS agency for Schools) before making the Instrument. Following consultation, all agencies indicated support for the Instrument as an appropriate and proportionate mechanism to manage application volumes and integrity risks during the suspension period.

As required by subsection 14G(3) of the ESOS Act, the Minister for Skills and Training was also consulted and provided written agreement to the making of the Instrument.

The international education sector was consulted and otherwise advised of the likelihood of an instrument to suspend applications for registration under the ESOS Act during the development of the Education Legislation Amendment (Integrity and Other Measures) Act 2025. Advance notice of the detail and timing of the Instrument was not given to providers that may be affected by the suspension to mitigate the risk of a potential influx of non-genuine or rushed applications to the National VET regulator prior to the commencement of the Instrument. The National VET regulator has prepared a communications plan to address sector concerns, including concerns from those providers expected to be most impacted by the Instrument.

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 (Suspension of Applications for Registration to the National VET Regulator) Determination 2026

The Education Services for Overseas Students (Suspension of Applications for Registration to the National VET Regulator) Determination 2026 (the Instrument) is 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 purpose of the Instrument is to temporarily suspend the making of applications to the National VET Regulator for registration to deliver courses to overseas students (CRICOS registration) and to add new courses to a provider’s existing CRICOS registration, under sections 9 and 10H of the ESOS Act. A provider’s registration is reflected on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) (section 14A of the ESOS Act).

The Australian Government is committed to strengthening the integrity of the Australian international education sector. The suspension of applications responds to emerging integrity concerns in the VET sector, particularly relating to poor quality and non-genuine new market entrants and concentrated growth in certain course areas. Temporarily halting new provider registrations and CRICOS course additions will allow the National VET Regulator to focus on the rigorous assessment of existing applications already on hand, undertake deeper integrity checks, and monitor market behaviour to ensure providers entering or expanding within the sector meet appropriate standards. The suspension operates for 12 months from the day after the Instrument is registered.

The suspension will not apply to certain applications that present a lower integrity and regulatory risk, including applications:

         made under sections 9 and 10H of the ESOS Act by government schools, registered VET providers owned or controlled (directly or indirectly) by a State or Territory, or Table A providers within the meaning of the Higher Education Support Act 2003;

         made under section 10H of the ESOS Act to add a location for a course the provider is, at the time the application was made, registered on CRICOS to deliver; or

         made under section 10H of the ESOS Act:

o       relating to a course identified on the National Register as superseding another course listed on the National Register (the superseded course), and

o       made by a registered VET provider that, at the time the application was made, was registered under the National Vocational Education and Training Regulator Act 2011 to deliver the superseded course.

Human rights implications

The Instrument engages the right to education in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The right to education recognises the important personal, societal, economic, and intellectual benefits of education.

The Instrument promotes the right to education by strengthening the integrity, quality, and stability of the international education sector. The Instrument helps to protect the right to education for overseas students studying in Australia by facilitating the redirection of the National VET Regulator’s resources and focus from the management of new provider and course applications to the investigation of significant integrity concerns and poor provider behaviour that could otherwise compromise this right.

While the Instrument temporarily restricts new provider and course applications, it does not limit access to education for current or prospective students, nor does it impact the ability of existing providers to offer already registered courses. Applications to the other ESOS agencies, and applications made by lower risk public providers and established higher education providers will not be impacted by the Instrument. Applications to add superseding courses to a provider’s CRICOS registration, and those to add a new location for a course that the relevant provider was already registered to deliver, have also been exempt from the suspension to ensure that courses that are already registered remain up to date, fit for purpose, and accessible to students. This will safeguard course quality and overall student study experiences.

Therefore, the Instrument is compatible with the right to education.

Conclusion

The Instrument is compatible with human rights because it promotes the protection of human rights.

Assistant Minister for International Education, Julian Hill MP

EDUCATION SERVICES FOR OVERSEAS STUDENTS (SUSPENSION OF APPLICATIONS FOR REGISTRATION TO THE NATIONAL VET REGULATOR) DETERMINATION 2026

EXPLANATION OF PROVISIONS

Section 1: Name

1.       Section 1 provides that the name of the Instrument is the Education Services for Overseas Students (Suspension of Applications for Registration to the National VET Regulator) Determination 2026.

Section 2: Commencement

1.       Section 2 specifies that the Instrument commences on the day after it is registered on the Federal Register of Legislation. 

Section 3: Authority

1.       Section 3 provides that the Instrument is made under subsections 14E(1) and 14F(1) of the Education Services for Overseas Students Act 2000 (ESOS Act).

Section 4: Definitions

1.       Section 4 provides that the term ‘Act’ in the Instrument means the ESOS Act, and ‘National Register’ has the same meaning as in the National Vocational Education and Training Regulator Act 2011 (NVETR Act).
2.       Section 3 of the NVETR Act defines the National Register as the register maintained by the Department of Employment and Workplace Relations, or another person prescribed by the regulations, and referred to in section 216 of that Act. The National Register can be accessed at training.gov.au.
3.       The note to section 4 also clarifies that some expressions used in the Instrument are terms that are defined in the ESOS Act, which include the terms ‘course’, ‘National VET Regulator,’ ‘provider,’ ‘registered’ and ‘registered VET provider.’

Section 5: Suspension of making applications

1.       Section 5 is made for the purposes of subsections 14E(1) and 14F(1) of the ESOS Act, which provide that the Minister may, by legislative instrument, determine that no applications may be made under sections 9 or 10H until after a day specified in the Instrument.
2.       Section 5 provides that for 12 months after the day the Instrument commences, providers may not apply to the National VET Regulator to:

• be registered to deliver a course to overseas students under section 9 of the ESOS Act;
• add a course or courses to their registration under section 10H of the ESOS Act.

Section 6: Applications to which this Instrument applies

1.       Section 6 is made for the purposes of subsections 14E(4) and 14F(4) of the ESOS Act, which specify that an instrument may be expressed to apply to one or more classes of applications made under that section.
2.   Subsection 6(1) provides that the Instrument applies to all applications made to the National VET Regulator under sections 9 and 10H, other than applications by a:

• government school (i.e. a public school for which the approved authority, within the meaning of the Australian Education Act 2013, is a State or Territory government); or
• registered VET provider owned or controlled (whether directly or indirectly) by a State or Territory authority (such as a TAFE); or
• Table A provider within the meaning of the Higher Education Support Act 2003.

1.   These exclusions recognise the lower regulatory risk associated with public providers and established higher education providers, which operate within existing statutory governance frameworks.
2.   Paragraph 6(2)(a) provides that the Instrument does not apply to applications made to the National VET Regulator under section 10H of the ESOS Act to add a location for a course the provider is currently registered on CRICOS to deliver.
3.   It is appropriate to exempt these course applications from the suspension as the process for adding a new location for a course that the relevant provider is already registered to deliver is a procedural step only. Therefore, the adding of a new location for a course that the relevant provider is already registered to deliver does not expand the range of courses a provider is registered to deliver while the Instrument is in effect.
4.   Paragraph 6(2)(b) provides that the Instrument does not apply to applications made to the National VET Regulator under section 10H of the ESOS Act where they relate to adding a course identified on the National Register as superseding another course listed on the National Register, and where the registered VET provider is, at the time of the application, registered to deliver the superseded course.
5.   It is appropriate to exempt these course applications from the suspension to ensure that courses can be appropriately updated when required. This will ensure course content remains current, accurate and fit for purpose which will safeguard course quality and contribute to an overall positive student study experience.