National Code Part C: Application for registration



In addition to meeting the general requirements for registration set out in this part, providers must submit applications for registration and re-registration in a form to be determined by each designated authority that contains at least the following information:


details of the provider, including:


legal entity name and status of the provider (for example, company or individual)


trading name of the provider and whether it is a registered trading name


an Australian Business Number or Australian Company Number


names, and residency status, as appropriate of the principal executive officer for unincorporated associations or directors, owners, partners, consortium providers, chief executives and managers (where there is no stated position of director, principal or chief executive)


contact details of the head office (street and postal address, email, telephone, facsimile, website); and


contact details of the premises at which the education/training will be provided


proposed maximum number of overseas students having regard to the appropriateness of the resources and facilities for the delivery of the course


locations, including address and contact details, for all sites where students are scheduled to attend classes for teaching purposes, course related information sessions and supervised study sessions. For work-based training sites where the location is unknown at the point of registration, the provider is required to maintain a documented policy specifying the criteria on which the selection and approval of such sites is based


a statement on:


whether the provider (including directors, owners, partners, chief executive or managers) has previously been a registered provider (and, if so, the name of the designated authority, dates of the registration, reasons for ending registration and whether any sanctions are outstanding); and


whether the provider has previously been refused registration by the Department of Education or any designated authority (and, if so, the name of the designated authority) and reasons for refusal


the courses that the provider is seeking to offer to overseas students in that state, including the proposed structure of the course, and


any other information as required under Section 9 of the ESOS Act.


Key issues


  • This section stipulates the minimum information that a designated authority is required to collect under the ESOS Act. Different jurisdictions may require additional information based on other legislation or quality framework requirements.
  • The provider proposes a maximum enrolment capacity for international students to the designated authority. The designated authority will decide whether to approve this capacity.


What Part C Section 6 involves

Each state/territory conducts its registration and re-registration in a slightly different manner. Some states/territories may have additional non-ESOS requirements stipulated by state/territory legislation.

Fit and proper test

Part C Section 6 refers to Section 9 of the ESOS Act. Section 9 of the ESOS Act includes the conditions that need to be satisfied before the Secretary of DEST will register a provider. This includes: a recommendation from the designated authority; that the provider has paid the initial registration charge; and that the provider meets the fit and proper test.

As of 1 January 2007 the fit and proper test was extended to include high managerial agents and applies at all times.

Work-based training sites

Part C Section 6 provides that where the location of work-based training sites is unknown at the time of registration, a documented policy specifying the criteria for selection and approval of such sites is to be maintained.

Elements to be included in such policies might include how:

  • assessment will be marked and moderated;
  • work-based supervisors will be selected; and
  • the registered provider will ensure worksites are meeting its obligations under the ESOS Act and National Code 2007.

It should be noted that where two providers are involved in delivering a course, the provider registered on CRICOS is responsible for full compliance with the ESOS Act and National Code 2007 and must ensure its partner meets these obligations.


When a provider is considering the capacity of its facilities it should have regard to:

  • the specialist facilities required by some courses;
  • the resources available at work-based training sites;
  • its load of domestic students; and
  • occupational health and safety considerations.


High managerial agents of a provider means an employee, agent or officer of the provider with duties of such responsibility that his or her conduct may fairly be assumed to represent the provider in relation to the business of providing courses.




Questions and answers



Provider X states it has capacity for 200 students in its commercial cookery course. The designated authority is aware that Provider X has only one commercial kitchen with 10 work stations. What happens?


The designated authority may contact the provider to ask for further information on how the provider established its capacity and to discuss the assessment in more detail.