Foundation Program Standards (19/06/2011)

Administered by Department of Education

Legislation au F2011L01247 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Foundation Program Standards

 

 

Issued by authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations

 

Subject:  Foundation Program Standards

Education Services for the Overseas Students Act 2000

 

 

Authority

 

Subsection 176C(1) of the Education Services for the Overseas Students Act 2000 (the ESOS Act) provides that the Minister may make the Foundation Program Standards by legislative instrument. 

 

Purpose and operation

 

The purpose of the legislative instrument is to specify the Foundation Program Standards.  

 

Paragraph 176C(2)(b) of the ESOS Act provides that, despite subsection 14(2) of the Legislative Instruments Act 2003, the Foundation Program Standards may apply, adopt or incorporate, with or without modification any matter contained in any other instrument or writing, as existing from time to time. The Foundation Program Standards incorporate the document known as the National Standards for Foundation Programs is as it exists from time to time.

 

The document, National Standards for Foundation Programs, is available on the internet at http://aei.gov.au/AEI/ESOS/NationalFoundationPS.htm

 

The National Standards for Foundation Programs, as incorporated into the Foundation Program Standards, are guidelines for regulatory authorities to make recommendations for acceptance of providers to be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) under the Education Services for Overseas Students (ESOS) legislative framework. Foundation Program courses are designed for international students to equip them with the skills and capabilities to seek entry into higher education programs in Australia.  Generally, Foundation Programs provide an academic entry pathway to first year undergraduate study or its equivalent. The Standards enhance Australia’s reputation as a quality international education provider to international education markets and assist in attracting high quality international students to Australia.

 

The National Standards for Foundation Programs have been endorsed by State and Territory Governments and agreed by all Ministers on the Ministerial Council for Tertiary Education and Employment (MCTEE).

 

The Foundation Program Standards commence on the commencement of item 7 of the table in subsection 2(1) of the National Vocational Education and Training Regulator (Consequential Amendments) Act 2011, which will be a day to be fixed by Proclamation or six months after the Act receives the Royal Assent, whichever is sooner.

 

 

Consultation with industry

 

The Foundation Program Standards were developed in consultation with the states and territories, peak industry bodies and relevant Australian Government agencies for the purposes of ensuring national consistency in the registration of Foundation Programs.  The Standards were implemented in 2010 and all providers offering Foundation Program courses to international students were required to be fully compliant with the Standards by 1 January 2011. At the time the Standards were developed and implemented, States and territories recognised their role in the application of the Foundation Program Standards in their jurisdictions and acknowledged the need to have national consistency in implementation as far as possible.  Consequently with the establishment of the Tertiary Education Quality Standards Agency (TEQSA) and the Australian Skills Quality Authority (ASQA) the national regulators will now be responsible for administering registration and quality assurance mechanisms for Foundation Programs as determined by the Minister under the ESOS Act.

 

Consultation with other government agencies

 

The previous Department of Immigration and Multicultural Affairs and the previous Department of Education, Science and Training (DEST) facilitated discussions throughout 2004-2005 through a stakeholder workshop and the establishment of a Foundation Programs Working Group (FPWG) including state and territory education department representatives and a Department of Immigration and Citizenship representative among others. The FPWG considered issues relating to the diversity of purpose, content, nomenclature and quality assurance of Foundation Programs and recommended ways to improve the quality and consistency of programs for international students.  The FPWG also addressed industry concerns about the quality and consistency in the way Foundation Programs were treated for the purpose of granting student visas.

 

In 2005, DEST and the then Victorian Department of Education and Training funded a consultancy managed by the Victorian Qualifications Authority (now the Victorian Registration and Qualifications Authority – VRQA) to develop a framework of auditable standards to underpin the existing Foundation Programs definition and criteria.  Development of the standards was guided by a steering committee consisting of Commonwealth, and state and territory representatives which reported back to the FPWG in 2006. In 2008 DEEWR convened a meeting of state and territory government officials to resume discussion and finalise arrangements of the Foundation Programs and Explanatory Guide. In 2009 the Standards and Guide were endorsed by MCTEE.

Details of the Foundation Program Standards

 

A detailed explanation of the Standards is provided in the Explanatory Guide to the National Standards for Foundation Programs.

 

The Explanatory Guide is annexed to the document, National Standards for Foundation Programs, is available on the internet at http://aei.gov.au/AEI/ESOS/NationalFoundationPS.htm

Overview

The Foundation Program Standards, introduced under the Education Services for Overseas Students Act 2000, were enacted to address the need for consistent, high-quality educational standards for foundation programs offered to international students in Australia. The Act allows the Minister for Tertiary Education, Skills, Jobs and Workplace Relations to specify these standards through a legislative instrument, ensuring that all providers offering foundation courses to overseas students adhere to a nationally recognised set of guidelines. These standards serve to enhance Australia's reputation as a premier international education destination by ensuring that international students receive a high-quality education that adequately prepares them for higher education in Australia. The standards were developed in consultation with state and territory governments, peak industry bodies, and relevant government agencies to ensure a unified approach to the registration and quality assurance of foundation programs. The Foundation Program Standards were implemented in 2010, requiring all providers to be fully compliant by 1 January 2011, thereby establishing a consistent framework for the delivery of foundation education to international students across the country.

Scope and Application

The Foundation Program Standards, as specified in the legislative instrument F2011L01247, apply to providers offering Foundation Program courses to international students, ensuring they meet the standards set out under the Education Services for Overseas Students Act 2000 (ESOS Act). These Standards, which incorporate the National Standards for Foundation Programs, aim to maintain national consistency and quality in the registration of these courses, facilitating their inclusion on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). They are designed to enhance Australia's reputation as a provider of quality international education, thereby attracting high-quality international students. The Standards are applicable across Australia, given their endorsement by the Ministerial Council for Tertiary Education and Employment (MCTEE) and the involvement of state and territory governments. The application of these Standards is overseen by the Tertiary Education Quality Standards Agency (TEQSA) and the Australian Skills Quality Authority (ASQA), which are responsible for administering registration and quality assurance mechanisms. The Standards came into effect on the commencement date specified in the National Vocational Education and Training Regulator (Consequential Amendments) Act 2011, which is either the date fixed by Proclamation or six months after the Act receives Royal Assent, whichever is sooner.

Key Provisions

The Foundation Program Standards, introduced under the Education Services for Overseas Students Act 2000 (ESOS Act), are detailed in F2011L01247 and specify the requirements for educational programs designed for international students. Section 176C(1) of the ESOS Act authorises the Minister to establish these standards by legislative instrument. The Standards aim to ensure that Foundation Programs, which are intended to prepare international students for entry into higher education, meet certain quality and consistency criteria across Australia. They incorporate the National Standards for Foundation Programs, which serve as guidelines for accrediting providers to be listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). These Standards impose specific obligations on educational providers. Section 176C(2)(b) of the ESOS Act allows the Foundation Program Standards to adopt or incorporate existing matters from other documents, such as the National Standards for Foundation Programs, with or without modifications. Providers offering Foundation Programs must ensure that their courses comply with these Standards to be eligible for registration on the CRICOS. The Standards require providers to meet specific criteria related to course content, delivery, and assessment, ensuring that international students receive a high-quality education that adequately prepares them for further studies in Australia. Failure to comply with the Foundation Program Standards can result in significant consequences for the providers. The Standards are enforced by the Tertiary Education Quality Standards Agency (TEQSA) and the Australian Skills Quality Authority (ASQA), which have the authority to take action against non-compliant providers. Penalties for non-compliance can include fines, suspension of registration, or other sanctions as deemed necessary by the regulatory authorities. The exact penalties are not specified in the explanatory statement, but they are intended to ensure that providers adhere to the Standards to maintain the quality and reputation of Australian education for international students. The overarching aim is to protect students and uphold the integrity of the Australian education system.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.