ESOS rights and responsibilities

This page explains what you can expect from us as an Australian University that provides education to overseas students, and what we expect from you.

View below Study in Australia's great introduction to the parts of Australian Law that protect your rights and explain your responsibilities as an international student in Australia.

Study in Australia - Regulatory Framework

The concepts referred to in this video are explained below.

Please Note: Our University glossary will help you understand certain words on this page. Australia’s Translating and Interpreting Service (TIS) can also help you understand any of the important information on this page. Free call them on 131 450.

Key Terms

The ESOS Act 2000 is a legal framework. It governs delivery of education to international students in Australia on a student visa. The ESOS Act includes regulations that the University of Newcastle must comply with to protect your rights. It also explains by law what your responsibilities are as a student visa holder in Australia. Read the ESOS Act 2000 for more information.

The ESOS National Code is a series of nationally consistent standards. They support us to deliver quality education and training to you – all our overseas students! We must comply with the National Code to keep on providing great education services to our overseas students.

TEQSA is the National Regulator that approves and checks all Universities as acceptable to provide tertiary education in Australia. They make sure that all Australian tertiary education is high quality.

We can only enrol and deliver education services to students in Australia on a student visa if they are registered on theCommonwealth Register of Institutions and Courses for Overseas Students (CRICOS). We are registered! You can see our registered courses here.

As an international student paying for Education from us, you are a consumer. A consumer is another term for ‘customer.’ Australia has strong consumer protection laws and frameworks. They protect your rights! The Australian Consumer Law guarantees your rights when buying goods and services, including education from us. You can contact NSW Fair trading if you:

  • Would like information about your consumer rights
  • Have a problem with a consumer good or service that you have bought or are considering buying
  • Would like to know how a business should behave under the law
  • Would like to make a complaint about a business

The OSO investigates complaints about problems that overseas students have. If you have any issues with our education services, please talk to us first! The Ombudsman can help you if you need extra support. Their services are free, independent and impartial.

Commonwealth Ombudsman - Overseas Students

You can watch these video and others in multiple languages on the Commonwealth Ombudsman Youtube channel.

View information in many languages about the NSW Ombudsman service.

The Tuition Protection Service  is a placement and refund service for international students. It is highly unlikely you would ever need this service! They help you on the rare occasion that we would be unable to deliver a program that you have paid for. If we could not fulfil our legal obligations to make alternative course replacements or provide a refund, the TPS would assist you to find an alternative place or provide a refund of any unspent tuition fees. The TPS will ensure that you are able to either:

  • Complete your studies in another course or with another institution, or
  • Receive a refund of your unspent tuition fees

Your rights as an international student

Under the ESOS framework, students have rights. You can expect to receive current and accurate information about

  • Your program
  • The University of Newcastle
  • Our services and facilities.

Before your start your degree your will receive a written letter of offer from the University to accept and sign, that provides detailed and up to date information on:

  • The degree program fees (including refunds),
  • study options
  • other important information relevant to the degree
  • The University’s obligations with respect to your personal information

The University will also provide you with information about:

  • Our Services for you
  • The requirements of you for satisfactory academic progress
  • Academic support services available
  • The University Student Grievance Resolution Process and Policy (internal and external complaints and appeals).
  • Information on deferring, suspending, or cancelling enrolment.

You’ll receive this information as part of our Welcome Program and our ongoing International Student Support service.

Your responsibilities as an international student

All students are required to adhere to University rules and policies for students.

As a holder of a student visa, it is your responsibility to:

  • Understand and satisfy your student visa conditions at all times.
  • Follow the work conditions attached to your visa.
  • Maintain Overseas Student Health Cover (OSHC) for the period of their stay in Australia
  • Inform the University of any change of address or contact details within 7 days
  • Maintain satisfactory course progress and attendance in their programs.

A breach of student visa conditions may result in the cancellation of your Confirmation of Enrolment (CoE) with the University. Additionally, the University is required to monitor your progress to ensure that you finish study within the duration of your CoE. Before making any decisions about study you must consider your obligations under your student visa.

Additional information on studying in Australia is available from the Department of Home Affairs.

Change of Passport, Visa, or Residency Status

It is important that you notify the Department of Home Affairs  if your passport details change, as your visa is linked to your passport number.

You should also email internationalsupport@newcastle.edu.au with your new passport details so that the University can update the information on your Confirmation of Enrolment (CoE).

Students should email internationalsupport@newcastle.edu.au if you change your visa type - for example, from a student visa to a Temporary Partner visa. The University will then report this change to the Department of Education and cancel your Confirmation of Enrolment (CoE) if it’s no longer required.

If you become a Permanent Resident or citizen of Australia, you must ensure you email fees@newcastle.edu.au before the Census Date for the current study period. You must include a certified copy of your new Permanent Residency or Australian Citizenship certificate with your email. Our fees team will ensure that you fees are then revised. Please note that changes to residency status for some programs, such as Medicine, Dentistry and Oral Health courses, may require a new application to the degree.

Need Help?

Need Help?

International students with enquiries about any aspect of the ESOS Act or associated National Code can email the International Student Support team for help.

Send Email