Your rights and responsibilities as an international student

Students studying

Education Services for Overseas Students (ESOS)

Adelaide University is a higher education provider that is registered to offer education services to international students. 

To provide these services to international students, the University must comply with the legislation and regulations required by the Australian Government and the National Regulator, Tertiary Education Quality and Standards Agency (TEQSA). The legislation aims to ensure international students in Australia receive a safe and positive study experience. 

Australia's laws promote quality education and consumer protection for international students through the ESOS Legislative Framework, which upholds the reputation and integrity of the international education industry.  

This framework applies to students enrolled in CRICOS-registered programs onshore who hold an Australian student visa. It does not apply to students undertaking offshore programs or those staying in Australia on temporary visas other than a student visa.
 

ESOS Legislative Framework

Education Services for Overseas Students (ESOS) Act

The Education Services for Overseas Students (ESOS) Act 2000 sets out the legal framework governing delivery of education to international students in Australia on a student visa. The ESOS Act also provides tuition and financial assurance via the Tuition Protection Service (TPS). 
 

Tuition Protection Service (TPS)

In the unlikely event that Adelaide University is unable to deliver a program you have paid for – and does not meet our obligations to either offer you an alternative course that you accept, or pay you a refund of your unspent prepaid tuition fees – the TPS will assist you in finding an alternative course or obtaining a refund if a suitable alternative is not found. For more information, please visit the TPS website.
 

The National Code

The National Code of Practice for Providers of Education and Training to Overseas Students 2018 (The National Code) sets nationally consistent standards and procedures for registered providers. The National Code supports the effective administration of the ESOS legislative framework by the Australian Government.   

As an international student, you have the following rights before you enrol with an education institution.  

You have the right to: 

  • Receive current and accurate information about your degree, entry requirements, fees and study options.  
  • Sign a written agreement before or at the time you pay fees.  
  • Seek a refund in certain situations and be provided with refund arrangements in your written agreement.  
  • Accept a refund or be placed in another degree if we are unable to deliver your degree (as per the Tuition Protection Service). 
  • Access our complaints resolution process and policies, including appeals. 
  • Request to transfer to another education institution and have that request assessed for eligibility by your education institution.  

As an international student, you also have responsibilities that are related to the conditions of your student visa. 

You must ensure that you: 

  • Meet the terms of your written agreement with the University.
  • Comply with your student visa conditions. 
  • Ensure your Confirmation of Enrolment (CoE), student visa and passport are valid for the duration of your stay in Australia.
  • Ensure you apply for any visa renewals before the expiry of your current visa.
  • Have and continue to maintain your Overseas Student Health Cover (OSHC) for as long as you stay in Australia on a student visa. 
  • Notify the University of your Australian address, mobile number, personal email address and details of your emergency contact person/s within 7 calendar days of arrival in Australia, and update any changes to these details within 7 calendar days. 
  • Complete your program within the duration on your CoE.
  • Enrol in accordance with your Program Structure or personalised study plan.
  • Enrol in at least one on campus course each compulsory study period (unless it is your final course and it is only available in an online mode).
  • Enrol in no more than one-third (33%) of your total program in online mode. If you’ve received credit or advanced standing, this applies to the remaining courses.
  • Maintain enrolment, satisfactory academic progress and attendance in your program. 
  • Not work in Australia prior to the commencement of your program.
  • Work no more than permitted by your visa.
  • Be aware that any non-mandatory work-based training hours that you undertake as part of your program of study will count towards your student visa work condition limit for that fortnight.
  • If you are under 18 years old and the University has issued you with a Confirmation of Approved Accommodation and Welfare letter (CAAW):
    • You must live in the accommodation organised by your pathway provider or the University until you turn 18 years of age unless you have written permission of the University to move to alternative University approved accommodation.
    • You must comply with all rules and reasonable directions of the accommodation provider.
    • You must comply with all reasonable directions from the University’s assigned advisor, attend all scheduled appointments and respond promptly to their contact attempts.
    • You must have all travel pre-approved by the University whilst under 18 years of age and notify the University of your arrival and departure dates prior to undertaking any travel.

Please note that this is not a complete list. You can refer to the Department of Education’s International Students Factsheet for further information.  

Although it is your responsibility to comply with your visa conditions, we are also required to monitor your enrolment and report any breaches to the Department of Home Affairs. Any breaches may result in the cancellation of your Confirmation of Enrolment (CoE) with the University, which may result in the cancellation of your student visa by the Department of Home Affairs. 

Adelaide University will also provide information and advice to help you adjust to study and life in Australia, including:

  • Services such as support and welfare services, legal services, and emergency and health services. 
  • Facilities and resources. 
  • Complaints and appeals processes. 
  • Any student visa condition that relates to the degree you are studying. 

 We will also provide you with information regarding the University’s obligations concerning the management and disclosure of your personal information.  

Change of passport  

If you change your passport details, please notify the Department of Home Affairs as your visa is linked to your passport number.  

You must also email us with a scanned copy of your new passport so that the University can update the information on your Confirmation of Enrolment (CoE). 

Change of visa  

If you change your visa type to a temporary visa (other than a student visa), please email us. For example, if you change from a student visa to a Temporary Partner visa. Our team will then advise the Australian Government and cancel your Confirmation of Enrolment (CoE) if no longer required.  

Change of residency   

If you change your visa type to Australian permanent residency or citizen, please email us. You will be required to complete an online application and provide supporting documentation. This will need to be completed before the Census Date for the current study period to ensure your fees are revised.