Complaints about an Australian education provider in 2026: which ESOS agency handles your case, and what it cannot do

Routing comes first, and every route has a limit. According to the Australian Government Department of Education's "ESOS agencies" and "Education Services for Overseas Students (ESOS) enquiry form" pages (checked September 2026), three bodies are ESOS agencies: the Australian Skills Quality Authority (ASQA), the Tertiary Education Quality and Standards Agency (TEQSA) and the Secretary of the Department of Education. Which one is responsible for your provider depends on the education sector and the jurisdiction the provider operates in. The same pages set the boundary clearly: the department's ESOS enquiry service gives general information and assistance, and is not there to give specific or legal advice.

That combination answers two different questions. It tells you who holds regulatory responsibility for your provider, and it tells you what you should not expect that regulator or enquiry service to do for you as an individual student.

Which ESOS agency is responsible for my provider?

Under the ESOS agencies page, the regulator is set by the sector, not by the size of your problem or the amount in dispute:

Note the starting point on the "Registration on CRICOS" page: education institutions can only enrol and deliver education services to students in Australia on a student visa if they are registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). Registered providers must meet the requirements of the Education Services for Overseas Students Act 2000 (ESOS Act) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code). ESOS agencies make decisions on a provider's registration and monitor a provider's compliance with the ESOS framework.

For someone weighing up a complaint, that is the practical split: the agency that registered the provider is also the agency that monitors whether it is keeping to the framework. A regulator checks compliance against national standards; it does not act as your representative.

What if my provider teaches both higher education and VET?

This is the case that most often sends people to the wrong regulator, so it is worth stating precisely. Providers that offer both higher education and VET courses to overseas students should direct CRICOS registration applications relating to higher education courses to TEQSA, and those relating to VET courses to ASQA.

Where a provider is seeking to renew its higher education and VET registrations at the same time, the two agencies work collaboratively and, where possible, synchronise related topics of assessment. Each agency still makes its own decision within its own area of regulatory responsibility; they liaise with each other through the assessment process to coordinate.

The lesson for a student at a dual-sector provider is that responsibility is split by course type, not shared across the whole institution. The units you are actually enrolled in determine which side of that line your issue falls on.

Who regulates my English course?

English Language Intensive Courses for Overseas Students (ELICOS) sits mostly with ASQA, but with two stated exceptions. ASQA is the ESOS agency for ELICOS providers in all states and territories, except where a provider delivers the program:

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

An Entry Arrangement is defined on the page as 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.

There is also a school pathway. The Secretary of the department is the ESOS agency for all ELICOS provided in the capacity of a school; that paragraph on the department's page still uses the department's former title, "Department of Education and Training".

If your ELICOS program is delivered by a higher education provider or under an Entry Arrangement with one, check which ESOS agency covers that delivery before assuming ASQA is the responsible agency.

Separately, providers of ELICOS and foundation programs must meet the relevant ELICOS Standards and Foundation Program Standards respectively, in addition to other registration requirements under the ESOS Act.

How does school registration work, and what do the state authorities do?

Schools sit with the Secretary of the Department of Education, but they do not apply directly. They apply for CRICOS registration to the department through their designated State authority (DSA). The DSA for a provider is the education agency responsible for approving schools to operate in that state or territory.

Under that process, the DSA assesses the school's appropriateness for CRICOS registration, identifies any conditions that should be placed on the school's registration, and issues a DSA assessment certificate. That certificate must accompany the school's application to the department, which makes the final decision on whether to register the school on CRICOS.

Renewal follows the same route through the DSA, except that the DSA issues a recommendation certificate instead of an assessment certificate. State and territory authorities also keep their role of recommending school providers for registration and monitoring schools' compliance under the ESOS Act.

So for a school complaint there are two layers described on the page: a state or territory authority that approves and monitors, and a Commonwealth Secretary who holds registration decisions. Neither layer is described as handling individual grievances as a dispute service.

Can the department tell me what to do about my situation?

Not as legal advice. The department's "Education Services for Overseas Students (ESOS) enquiry form" page states the purpose of the form directly: to provide general information and assistance to education providers and overseas students, with enquiries relating to the National Code and the ESOS Act, and not specific or legal advice.

The same page directs other enquiries elsewhere: visa enquiries to phone 131 881 within Australia, the PRISMS Help Desk and the CARC Helpdesk each to their own email contact published on the page. Those details were current on the page as last modified 9 September 2025, so confirm the current listing before relying on it.

Put those two pieces together and the shape of the system becomes easy to read. A regulator monitors a provider's compliance against national standards. An enquiry service explains how those standards work in general terms. Neither of those functions is the same as someone reviewing your enrolment agreement, your correspondence and your visa conditions and telling you what your best move is. The pages do not describe any of these bodies as deciding your individual entitlement, ordering a remedy in your favour, or representing you.

When should I get independent legal advice instead?

The earlier you involve someone who can look at your own documents, the more options tend to remain open — particularly where more than one of the following is true:

• money is involved and the amount or the refund position is contested;
• the dispute touches your enrolment, your attendance or your course progress, which can carry visa consequences;
• there are deadlines or notice periods in an agreement you signed;
• the provider's account of events differs from yours and there is a written record to interpret;
• the issue crosses more than one framework at once, such as education standards and visa conditions.

This article is general information about how the ESOS framework is set out on the department's own pages and is not tailored advice about your circumstances; anything that depends on your agreement, your course records or your visa conditions should be checked against the latest official information and, where the stakes are real, by a legal practitioner who can look at your matter directly. No outcome is guaranteed by making a complaint, and escalating to a regulator is a compliance step rather than a remedy in itself.

Frequently Asked Questions

How do I find out which ESOS agency covers my provider?

Responsibility turns on the sector the provider is registered in — VET, higher education or school — and the exception rules for ELICOS. The department notes that contact details for CRICOS regulatory authorities can be found on the CRICOS website.

My college offers both VET and higher education courses. Who takes the complaint?

It splits by course type: higher education matters fall to TEQSA and VET matters to ASQA. The two agencies only coordinate formally at the registration or renewal assessment stage.

Can the ESOS enquiry service give me advice about my own dispute?

No. Its stated purpose is general information and assistance relating to the National Code and the ESOS Act, explicitly not specific or legal advice. Anything requiring a view on your documents or contract needs independent advice.

My English course is delivered by a university. Does that change the regulator?

Yes, potentially. ASQA covers ELICOS in all states and territories except where it is delivered in the capacity of a higher education provider or under an Entry Arrangement with at least one higher education provider.

Reporting my provider will not get my money back — is that right?

Regulators deal with compliance against the ESOS Act, the National Code and the relevant sector standards, and the department does not describe them as awarding individual remedies. A consumer or contractual claim is a separate question, which is where tailored legal advice matters.

Do I need a lawyer just to raise a problem with my provider?

Generally not: contacting a provider and understanding which regulator covers it does not require legal representation. It becomes worth getting advice when refunds, enrolment decisions, deadlines or visa conditions are in play.

References

• Australian Government Department of Education — ESOS agencies
• Australian Government Department of Education — Registration on CRICOS
• Australian Government Department of Education — Education Services for Overseas Students (ESOS) enquiry form