Unethical behaviour by third-party education agents remains a serious concern—and a top priority—for ASQA and other regulatory bodies across the Australian government. For providers offering VET qualifications to international students, compliance isn’t optional. It’s a legal obligation under the ESOS Act, the National Code of Practice for Providers of Education and Training to Overseas Students 2018, and Australian Consumer Law.

The Role of Providers in Marketing and Recruitment

When it comes to recruiting international students and promoting courses, registered providers must ensure that all marketing and promotional activities are truthful and transparent. This includes avoiding false or misleading statements and never guaranteeing a visa grant or migration outcome as part of their sales pitch. Such behaviour not only breaches legal obligations but also undermines the credibility of Australia’s educational system.

Student Transfers and Course Hopping Under Scrutiny

ASQA’s recent risk monitoring activities have revealed concerning practices regarding student transfers—a trend that’s also been picked up in media reports. International students are increasingly arriving in Australia enrolled with one provider, only to rapidly transfer to another. While there may be valid reasons for a provider or course change, unexplained or unapproved transfers raise concerns.

Such behaviour contradicts the principles of the ESOS Framework and the national code, particularly when there’s no valid justification for the change. ASQA is especially alarmed by allegations that some education agents, both offshore and onshore, may be offering incentives or colluding with providers to facilitate this kind of course hopping.

Providers’ obligations under the ESOS Act and National Code to only engage in ethical student recruitment practices, including where these are facilitated through education agents.

When recruiting overseas students, ESOS requires that providers must:

  • not engage in misleading or deceptive conduct, or make unsustainable claims or guarantees
  • ensure available student information is clear and comprehensive, and sufficient to enable informed course enrolment decisions
  • report accepted students to PRISMS within prescribed timeframes
  • not knowingly accept a student’s transfer from another provider in the student’s first 6 months, without a legitimate release notification
  • not accept students from an education agent it knows or reasonably suspects has engaged in dishonest recruitment practices
  • not accept students it knows or reasonably suspects will not comply with the conditions of their visa – which includes needing to obtain a new visa if transferring to a lower AQF level course
  • ensure that education agents they work with act ethically, honestly and in students’ best interests.

Further information about these obligations is available in the ESOS Act, specifically section 19 (Giving information about accepted students), and in the National Code, specifically Standard 2 (Recruitment), Standard 4 (Education agents), and Standard 7 (Student transfers).

You can find out more information by viewing the following Fact Sheets:
Australian Government Department of Education: Standard 7 – Overseas student transfers
Australian Government Department of Education: Standard 4 – Education Agents
Australian Government Department of Education: Standard 2 – Recruitment of an overseas student

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