Education Services for Overseas Students Act 2000 (Cth) - Level 1

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The Education Services for Overseas Students Act 2000 (the ESOS Act) regulates the education and training services provided to overseas students by providing tuition and financial assurance, as well as a provider registration requirement. The Act provides for sanctions for non-compliance with the Act as well as breaches of the National Code of Practice and ESOS Regulations. Where the University seeks to recruit, enroll or teach overseas students, or to advertise their ability to do so, it must be registered on the "Commonwealth Register of Institutions and Courses for Overseas Students" (CRICOS). Providers of education services to overseas students, and their agents must not promote a course to overseas students or intending overseas students unless the course and provider are approved by the relevant State or Territory and are registered on CRICOS. All written materials, including those in electronic form, must identify the registered provider and provider number. The Act prescribes the records that must be kept for each overseas student including full name; residential address; date of birth; nationality; course start and completion day; attendance; academic performance; Details of payments received; health cover information; English language proficiency; passport and visa numbers. The University as a registered provider must generate an electronic Confirmation of Enrolment for intending overseas students. The Department of Home Affairs uses this in assessing the student's application for a student visa. Education providers are required to report students failing to comply with the attendance or course progress of their visa to the department and must keep a record of the reason for any termination of studies where applicable. The provision to impose an Annual Registration Charge for CRICOS registration and the calculation method for the charge is prescribed in the Act.