International Students

The TPS is an Australian Government initiative that assists international students on student visas in the event of an education provider default or a student default. If your education provider fails to meet its obligations to you after a provider default or a student default, the TPS may be able to assist you.

Education provider defaults

Australia has an excellent reputation for quality education. However, sometimes an education provider may close, fail to start a course that students are enrolled in, or stop offering a course that students are enrolled in part way through. This is called a ‘provider default’.

If your education provider has defaulted, please check the education provider notices for information about the next steps you need to take.

Student defaults

A ‘student default’ occurs if:

• you do not start a course you are enrolled in on the agreed starting day; or
• you withdraw from a course; or
• your education provider refuses to provide a course to you due to:
  • failure to pay an amount you were liable to pay your provider, or
  • breaching a condition of your student visa, or
  • misbehaviour.

Your education provider’s default obligations

Your education provider is legally required to meet its obligations to you after a provider default or a student default.

Your provider’s obligations after a provider default

If your education provider defaults, your provider must notify you of the default in writing.

Within 14 days of the default occurring, your education provider must either:

• place you in an alternative course; or
• refund your unspent tuition fees.

Your provider’s obligations after a student default

If a student default occurs, your education provider must refund your unspent tuition fees.

If you do not have a written agreement with your education provider, or if the student default occurred because your student visa was refused, your provider must pay you a refund within 4 weeks of the default occurring.

If you have a written agreement with your education provider, your provider must pay you a refund in accordance with the written agreement within 4 weeks of receiving a written claim from you.

Support from the TPS

If your education provider does not meet its legal obligations to you after a provider default, the TPS may assist you to:

• find alternative course options for you to continue your studies with another Australian education provider; or
• receive a refund of your unspent tuition fees.

The Student Support Process following an Education Provider Default resource outlines the support process offered by the TPS to students affected by a provider default.

If your education provider does not meet its legal obligations to you after a student default, the TPS may provide you with a refund of your unspent tuition fees.

TPS Online

You can request and receive assistance from the TPS through TPS Online. If you are eligible for TPS assistance, the TPS will create a TPS Online account for you.

The TPS Online Step-By-Step Instructions show you how to use TPS Online.

Continuing your studies in an alternative course

If the TPS finds alternative course options for you to continue your studies, you will be able to view those options in TPS Online. You can choose to enrol in an alternative course which is not listed in TPS Online and receive a refund of your unspent tuition fees from the TPS.

You will need to contact your preferred alternative education provider to seek an enrolment offer. When talking to an alternative provider, you should discuss:

• the units of study you successfully completed in your original course
• the units of study you will receive credit for in the alternative course
• any prerequisites or requirements you must meet to undertake the alternative course
• any fees you will need to pay to undertake the alternative course
• the mode of delivery of the alternative course (face-to-face learning, online learning, or a blended delivery)
• the expected timeframe for you to complete your studies in the alternative course.

If the tuition fee costs of the alternative course are higher than your original course, you will need to meet those costs.

Getting a refund of unspent tuition fees

Tuition fees are the fees paid to your education provider that are directly related to the provision of your course. Tuition fees do not include fees for books or equipment, Overseas Student Health Cover (OSHC), administration fees, accommodation costs, or visa application charges.

‘Unspent tuition fees’ include any tuition fees paid to your education provider that have not already been used by your provider in delivering your education and training.

For the TPS to calculate your refund amount, you must submit the following documents in TPS Online showing your course fees and evidence of all payments made to your education provider:

• receipts and bank statements for all payments made to your education provider for your course
• your Letter of Offer
• your Visa Grant Letter from the Department of Home Affairs
• any other documents that will assist the TPS in calculating your refund amount.

If you have an education agent, you must also provide:

• receipts and bank statements for all payments made to your education agent
• receipts for any payments your education agent made to your education provider on your behalf
• your education agent’s commission statement (if applicable).

Documents to request from your education provider

You are strongly encouraged to request copies of the following documents from your education provider if it has defaulted:

• your student records, including details of all completed units of study, assessments and work placements
• your course structure (a list of the units of study in your course and when they were scheduled to be taught)
• your Letter of Offer
• your Confirmation of Enrolment (CoE)
• invoices and receipts for all payments made to your education provider
• any other documents that show the parts of your course you were studying or had completed when your education provider defaulted.

These documents will help you when enrolling in an alternative course or receiving a refund.

Visa information

It is a condition of your student visa that you remain enrolled in a registered course. If you do not enrol in an alternative course after an education provider default, this will affect your student visa. Visit the Department of Home Affairs website for further information about how an education provider default can affect your student visa.

The TPS cannot assist you with matters relating to your student visa. If you have any questions about your student visa, please contact the Department of Home Affairs.

The ESOS framework

The Education Services for Overseas Students Act 2000 (ESOS Act) and related legislation set out the legal framework governing the delivery of education to international students in Australia. They are designed to protect the interests of international students coming to Australia on student visas. The ESOS Act outlines the tuition protection obligations of education providers and the activities of the TPS.

Make a complaint about your education provider

The Commonwealth Ombudsman can investigate complaints from international students about private education providers. However, if you have a complaint about your education provider, please contact your provider to begin an internal complaints process before contacting the Ombudsman.

Health and wellbeing services

Provider defaults and student defaults can cause uncertainty and disruption for international students. If you need support, the Study Australia website contains information about health and wellbeing support for international students.

Contact the TPS

If you have any questions or concerns, please contact the TPS. You can send us an email any time or call us between 9am and 4pm (AEST/AEDT) Monday to Friday.

Email: support@tps.gov.au

Call: 1300 131 798