Understanding the National Code

The National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code) Legislation:

  • Sets nationally consistent standards and procedures for registered providers.
  • Supports the effective administration of the ESOS legislative framework by the Commonwealth and state and territory governments.

National Code Standards

Under the National Code, there are 11 standards that we must comply with as a registered provider:

StandardFurther information
1. Marketing information and practices: This standard sets out that registered providers must uphold the integrity and reputation of Australia’s education industry by ensuring the marketing of their courses and services is not false or misleading.
2. Recruitment of an overseas student: This standard sets out that registered providers must recruit responsibly by ensuring students are appropriately qualified for the course for which they seek enrolment, including having the necessary English language proficiency, educational qualifications and work experience. Students must have sufficient information to enable them to make informed decisions about studying with their chosen registered provider in Australia.
3. Formalisation of enrolment and written agreements: This standard sets out that registered providers must formalise their enrolment of overseas students through written agreements with overseas students. The written agreements protect the rights and set out the responsibilities of each party, as well as the courses and related education services to be provided, tuition and non-tuition fees payable, and refund policies.
4. Education agents: This standard sets out that registered providers must ensure that their education agents act ethically, honestly and in the best interests of overseas students as well as uphold the reputation of Australia’s international education sector.
5. Younger overseas students: This standard sets out that registered providers of overseas students aged under 18 must meet legislative or other regulatory requirements relating to child welfare and protection.Not applicable - Charles Sturt University does not accept overseas students under the age of 18.
6. Overseas student support services: This standard sets out that registered providers must assist overseas students to adjust to study and life in Australia and have appropriate orientation programs that help overseas students to access the information and services they require.
7. Overseas student transfers: This standard sets out that registered providers must not knowingly enrol an overseas student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course (or for the school sector, until after the first six months of the first registered school sector course), except in certain circumstances.
8. Overseas student visa requirements: This standard sets out that registered providers must safeguard the integrity of Australia’s migration laws by supporting overseas students to complete their course within the required duration and fulfil their visa requirements for course attendance and course progress. Standard 8 sets flexible provisions to allow online learning while maintaining appropriate standards for overseas students to comply with student visa conditions.
9. Deferring, suspending, or cancelling the overseas student’s enrolment: This standard sets out that registered providers must appropriately manage the enrolment of their overseas students and ensure all necessary information about enrolments has been provided to the relevant government department by maintaining updated information in the Provider Registration and International Student Management System (PRISMS) database.
10. Complaints and appeals: This standard sets out that registered providers must ensure their overseas students have the right to natural justice protected through access to professional, timely, inexpensive and documented complaints handling and appeals processes.
11. Additional registration requirements: This standard sets out that registered providers must continue to meet the requirements for CRICOS registration and ensure the ESOS agency for the registered provider approves, and has up-to-date information on, specific aspects of the registered provider’s operations and any registered courses.