What are my rights after an intention-to-report notice under the National Code in 2026?
Explains what an intention-to-report notice must contain under National Code 2018, and why a missing element is a procedural flaw.
After an intention-to-report notice under National Code 2018, your central right is that the written notice must do three things: tell you that the provider intends to report you, give you the reasons for that intention, and advise you of your right to access the provider’s complaints and appeals process within 20 working days. If the notice leaves out any one of those items, it is not the notice National Code 2018 requires, and the missing item is a procedural flaw in the step that must happen before any report is made in PRISMS. This is set out in the Federal Register of Legislation — National Code 2018 Standard 8 - Overseas student visa requirements, as of September 2026, with the appeal process described in the Federal Register of Legislation — National Code 2018 Standard 10 - Complaints and appeals, as of September 2026.
This article is general information only and does not constitute personalised professional advice; your specific situation should be checked against the official National Code as currently published and against advice from a qualified professional.
What must the intention-to-report notice actually say?
Under Standard 8, the provider must monitor your course progress and, where applicable, your attendance (Standard 8.1), and it must have told you before you started the course what is required to achieve satisfactory course progress and attendance (Standard 8.5). For school, ELICOS and Foundation Program courses, satisfactory attendance must be at least 80 per cent of the scheduled contact hours, or a higher rate if specified under state or territory legislation or other regulatory requirements (Standard 8.6.1); for a VET course, where an ESOS agency requires attendance monitoring as a condition of registration, the minimum attendance requirement is 80 per cent of the scheduled contact hours for the course (Standard 8.11).
Once the provider has assessed you as not meeting course progress or attendance requirements, Standard 8.13 says it must give you a written notice as soon as practicable. That notice must:
- notify you that the provider intends to report you for unsatisfactory course progress or unsatisfactory course attendance (Standard 8.13.1);
- inform you of the reasons for the intention to report (Standard 8.13.2);
- advise you of your right to access the provider’s complaints and appeals process, in accordance with Standard 10, within 20 working days (Standard 8.13.3).
These three items are the whole of the notice requirement. The provider cannot pick and choose among them.
What if one of the three items is missing?
A missing item is not a minor paperwork slip. The three elements in Standard 8.13 are cumulative, and the point of the notice is to give you the information you need to decide whether to use the complaints and appeals process. If the notice does not tell you the reasons, or does not tell you that you can appeal and that the window is 20 working days, then the notice does not meet Standard 8.13.
Suppose an overseas student receives a letter that says only, “You have not met satisfactory course progress and we intend to report you to PRISMS,” with no statement of reasons and no mention of an appeal right or the 20 working days. On the face of Standard 8.13, that letter is missing the items in 8.13.2 and 8.13.3, so it is not a compliant intention-to-report notice. Because the notice is defective, the provider cannot properly rely on it to say the student has chosen not to access the internal process within the 20 working day period under Standard 8.14.2 — the student was never advised of the right in the first place.
When can the provider actually report you in PRISMS?
Standard 8.14 sets the limits. The provider must only report unsatisfactory course progress or attendance in PRISMS in accordance with section 19(2) of the ESOS Act if one of these applies:
- the internal and external complaints processes have been completed and the decision or recommendation supports the provider (Standard 8.14.1);
- you have chosen not to access the internal complaints and appeals process within the 20 working day period (Standard 8.14.2);
- you have chosen not to access the external complaints and appeals process (Standard 8.14.3);
- you withdraw from the internal or external appeals processes by notifying the provider in writing (Standard 8.14.4).
The practical effect is that, if you have properly accessed the internal or external process, the provider must wait for that process to finish before reporting, unless one of the other situations applies.
What rights do you have in the complaints and appeals process?
Standard 10 sets out what the provider’s internal complaints handling and appeals process must give you. The provider must have a documented process and policy and must give you comprehensive, free and easily accessible information about it (Standard 10.1). If a matter cannot be resolved informally, the process must let you lodge a formal complaint or appeal (Standard 10.2.1).
Once you make a complaint or appeal, the provider must:
- start assessing it within 10 working days of it being made, and finalise the outcome as soon as practicable (Standard 10.2.3);
- give you an opportunity to formally present your case at minimal or no cost, and let you be accompanied and assisted by a support person at any relevant meetings (Standard 10.2.4);
- conduct the assessment in a professional, fair and transparent manner (Standard 10.2.5);
- give you a written statement of the outcome of the internal appeal, including detailed reasons for the outcome (Standard 10.2.6);
- keep a written record of the complaint or appeal, including the outcome and reasons (Standard 10.2.7).
If you are not successful in the internal process, the provider must advise you of your right to access an external complaints handling and appeals process at minimal or no cost within 10 working days of concluding the internal review, and must give you the contact details of the appropriate external body (Standard 10.3). If the internal or external process ends in a decision or recommendation in your favour, the provider must immediately implement it and take any required preventive or corrective action, and must tell you what action was taken (Standard 10.4).
Can the provider decide not to report you even if you breached attendance?
Yes, in a limited way. Standard 8.15 says the provider may decide not to report you for breaching the attendance requirements if you are still attending at least 70 per cent of the scheduled course contact hours and:
- for school, ELICOS or Foundation Program courses, you provide genuine evidence demonstrating that compassionate or compelling circumstances apply (Standard 8.15.1); or
- for VET courses, you are maintaining satisfactory course progress (Standard 8.15.2).
Note the two different thresholds: satisfactory attendance is at least 80 per cent of the scheduled contact hours for school, ELICOS and Foundation Program courses (Standard 8.6.1), and 80 per cent of the scheduled contact hours for a VET course where an ESOS agency requires attendance monitoring as a condition of registration (Standard 8.11), while 70 per cent is the lower attendance level at which the provider still has a discretion not to report if the other condition is met.
Separately, if your enrolment duration is extended, Standard 8.17 requires the provider to advise you to contact Immigration to seek advice on any potential impacts on your visa, including the need to obtain a new visa. Extension itself is only allowed in the situations set out in Standard 8.16, such as compassionate or compelling circumstances, an intervention strategy, or an approved deferral or suspension of enrolment under Standard 9.
What is the status of these rules as at September 2026?
The requirements above are taken from National Code 2018 Standard 8 and Standard 10 on the Federal Register of Legislation, as of September 2026. The National Code is a legislative instrument, and the version currently published on the official page is the one that applies, so you should confirm the wording and any updates against the official National Code as currently published rather than relying on a summary alone.
Frequently Asked Questions
What are the three things an intention-to-report notice must contain?
It must notify you that the provider intends to report you for unsatisfactory course progress or attendance, inform you of the reasons for that intention, and advise you of your right to access the provider’s complaints and appeals process within 20 working days. These requirements come from National Code 2018 Standard 8.13. A written notice that misses any one of them is not the notice the Standard requires.
What if the notice does not tell me the reasons for the report?
Under Standard 8.13.2, informing you of the reasons is a mandatory part of the notice. If the reasons are missing, the notice does not meet Standard 8.13, and you have not been given the information the National Code says you must have before the provider can treat the notice as valid. That gap is a procedural flaw in the reporting step.
How long do I have to access the internal complaints and appeals process?
The notice must advise you of your right to access the process within 20 working days, under Standard 8.13.3 and Standard 10. Once you make a complaint or appeal, the provider must start assessing it within 10 working days and finalise the outcome as soon as practicable (Standard 10.2.3).
Can the provider report me to PRISMS while my appeal is still underway?
No, not if you have properly accessed the internal or external process. Under Standard 8.14, the provider may only report in PRISMS after the internal and external complaints processes have been completed and the outcome supports the provider, or in the other limited situations such as you choosing not to access the process within the 20 working days or withdrawing in writing.
If my internal appeal is successful, what must the provider do?
Under Standard 10.4, if the internal or external process results in a decision or recommendation in your favour, the provider must immediately implement that decision or recommendation and take any required preventive or corrective action, and must advise you of that action. The provider must also give you a written statement of the outcome with detailed reasons (Standard 10.2.6).
When can a provider still decide not to report unsatisfactory attendance?
Under Standard 8.15, the provider may decide not to report a breach of attendance requirements if you are still attending at least 70 per cent of scheduled contact hours and, for school, ELICOS or Foundation programs, you provide genuine evidence of compassionate or compelling circumstances, or for a VET course you are maintaining satisfactory course progress. Satisfactory attendance itself is at least 80 per cent of the scheduled contact hours for school, ELICOS and Foundation Program courses (Standard 8.6.1), and 80 per cent of the scheduled contact hours for a VET course where an ESOS agency requires attendance monitoring as a condition of registration (Standard 8.11).