A new compilation of the Education Services for Overseas Students (ESOS) Act 2000 took effect on 17 October 2026, following amendments made by the Universities Accord (Opening the Doors of Opportunity) Act 2026.
Under these changes, information collected under the ESOS Act can now be shared with the Australian Tertiary Education Commission (ATEC), its staff and contractors, and with the Commonwealth Ombudsman. A registered higher education provider is also taken to have the principal purpose of providing education if its main purpose is education, research, or both. In addition, people who receive information under the Act can now be given access to the student reporting system.
These changes build on the integrity measures that have applied since December 2025. Providers must publish a list of their education agents and provide commission details when requested, with penalties of up to 60 penalty units for non-compliance. Any ownership links between providers and agents must be reported within 10 business days. The Minister can pause new provider and course applications for up to 12 months, and can suspend or cancel classes of courses with quality concerns or limited value to Australia’s skills needs, although Table A universities are exempt from this measure.
Providers, other than school providers, will have their registration automatically cancelled if they deliver no courses to overseas students for 12 consecutive months, counted from 1 January 2026 onwards. To protect students, providers generally cannot collect more than 50% of tuition fees before a course starts, and any advance fees must be held in a separate account. Providers have 30 days to seek internal review of certain regulatory decisions, and the reviewer has 120 days to make a decision.
Providers should review their agent arrangements, reporting obligations, course offerings and fee practices to make sure they comply with these requirements.
Click here: Education Services for Overseas Students Act 2000
