ESOS agencies

 
From 1 July 2016, the Australian Skills Quality Authority (ASQA), the Tertiary Education Quality and Starndards Agency (TEQSA) and the Secretary of the Department of Education and Training will be refered to as 'ESOS agencies'.
 
As ESOS agencies, TEQSA and ASQA will have direct powers to regulate higher education and vocational education and training providers respectively under the ESOS Act.
 
The Secretary of the Department of Education and Training will be the ESOS agency for schools. The state and territory authorities maintain their role of recommending school providers for registration and monitoring schools’ compliance under the ESOS Act but will now be referred to as the ‘designated State authority’ (DSA).

The Department of Education and Training has fact sheets for each education sector outlining the registration and regulatory processes:
 
 

Jurisdictional coverage of ASQA

From 1 July 2016 ASQA is the ESOS agency for all NVR registered training organisations (within the meaning of the NVETR Act) in all states and territories.

Jurisdictional coverage of TEQSA

From 1 July 2016 TEQSA is the ESOS agency for all higher education providers (within the meaning of TEQSA) across Australia.
 

Jurisdictional coverage of the Department of Education and Training

From 1 July 2016 the Secretary of the Department of Education and Training is the ESOS agency for all schools. State and territories also play a role in assessing and recommending schools’ registration on CRICOS, and are referred to as designated State authorities (DSAs).
 
The DSA for a provider is the education agency responsible for approving schools to operate in their state or territory:
 
 
 
Schools will need to apply for CRICOS registration to DET through their DSA. The DSA will assess the school’s appropriateness for CRICOS registration, identify any conditions that should be placed on the school’s registration, and issue a DSA assessment certificate. The DSA assessment certificate must accompany the school’s application for CRICOS registration to DET, which will make a final decision on whether to register the school on CRICOS.
 
Schools seeking to renew their registration follow the same process of applying through their DSA, which will issue a recommendation certificate instead of an assessment certificate.
 
Contact details for CRICOS regulatory authorities can be found at: http://cricos.education.gov.au/Contacts/CRICOSContacts.aspx

 

Dual sector higher education and VET providers

In situations where a provider has at least one higher education course on their scope of registration as well as any VET courses, these providers should send any applications related to ESOS to TEQSA. TEQSA will work collaboratively with ASQA to process these applications. In such cases both ASQA and TEQSA will make decisions in respect of their areas of regulatory responsibility. However, TEQSA will be the principal point of contact for providers and will communicate the outcome to providers. This will enable a more streamlined service for providers so they deal with only one ESOS agency. 
 

Regulation of ELICOS and Foundation Program providers

From 1 July 2016, ASQA is the ESOS agency for providers of English Language Intensive Courses for Overseas Students (ELICOS) programs in all states and territories except where a provider delivers the program:

  • in the capacity of a school; or
  • in the capacity of a higher education provider; or
  • under an Entry Arrangement* with at least one higher education provider. 

TEQSA is the ESOS agency for:

  • all foundation programs
  • all ELICOS delivered by a higher education provider and
  • all providers delivering ELICOS programs under an Entry Arrangement*  with at least one higher education provider.

* (Entry Arrangement - means a pathway arrangement under which an overseas student, who completes an ELICOS program with the provider, meets the minimum English proficiency requirements for entry with the higher education provider to study a higher education course or Foundation program)

The Secretary of the Department of Education and Training is the ESOS agency for all ELICOS provided in the capacity of a school. The state and territory authorities maintain their role of recommending school providers for registration and monitoring compliance under the ESOS act but will now be referred to a the 'designated State authority' (DSA).

Providers of ELICOS and foundation programs must meet the relevant ELICOS Standards and Foundation Program Standards respectively, in addition to other registraion requirements under the ESOS Act.  More information about the ELICOS Standards and Foundation Program Standards can be found in the ESOS framework section of this website.