VET News

A New Legislative Instrument Now Exempts Certain Courses From the ESOS Act

The Education Services for Overseas Students (Exempt Courses) Instrument 2021 came into effect on 29 June 2021.

This instrument exempts certain supplementary courses from the Education Services for Overseas Students Act 2000. This means these supplementary courses can be offered to overseas students without being registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

The instrument responds to provider, student and other stakeholder feedback for measures to improve access to supplementary courses for overseas students, including hobby and recreational courses, and other short courses that may be required for employment whilst in Australia. 

The changes enable providers to deliver a range of courses such as: 

• first aid, 
• infection control, 
• construction white cards, and 
• responsible service of alcohol courses.

This will reduce regulatory burdens on providers, enrich students experience in Australia, help reduce workplace exploitation and assist Australian businesses to fill short term skill shortages to deliver critically important goods and services.

Exempt courses may include short courses required for employment in industries, which students could reasonably undertake while meeting their student visa requirements. Importantly, all courses made exempt through this instrument will still be required to comply with Australian domestic legislative and regulatory requirements. Overseas students will not be able to apply for student visas based on exempt courses alone.  

Higher education providers must also continue to register on CRICOS any course which leads to an award/qualification including any of the following ‘non-award’ courses: 

• an English Language Intensive Course for Overseas Students (ELICOS)
• a Foundation Program
• study abroad or student exchange
• a tertiary coursework and research preparatory course, and
• professional outcomes and placement courses.

For more information, including the list of exempt courses, click on the links below:

• ESOS Supplementary Courses Fact Sheet - Department of Education, Skills and Employment
• Education Services for Overseas Students Exempt Instrument 2021 - Federal Register of Legislation

Date posted Jul 8, 2021