Recent developments in relation to CRICOS (Commonwealth Register of Institutions and Courses for Overseas Students)

We note a number of proposed changes to the Education Services for Overseas Students Act 2000 (Cth) that are intended to strengthen the regulatory framework and the provisions for consumer protection in the legislation. The ESOS Amendment (Re-registration of Providers and other Measures) Bill 2009 which introduced the proposed changes to Parliament on 19 August is yet to be passed. The proposed changes are to:

• require all institutions currently registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) to be re-registered by 31 December 2010.
• require education providers to meet these criteria in order to be registered:
• the principal purpose of the provider must be to provide education; and
• the provider must demonstrate capacity to provide education of a satisfactory standard.
• require all providers to list the names of education agents who represent them and promote their education services, and will be required to comply with any matters prescribed in the regulations concerning their agents.
• allow for the discretionary removal of the current provision that prohibits education providers from collecting fees from students studying in a course which has been suspended.
• provide for any conditions imposed by states and territories on education providers to be recognised by the Commonwealth.
• clarify the definition of “suitable alternative course”.