Australian student written agreements in 2026: the clause that preserves your consumer law rights
What the Australian Consumer Law clause in a 2026 student written agreement says, and how National Code 2018 Standard 3 sets privacy, refund and complaints terms.
Yes. A written agreement covered by Standard 3 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) must carry a set statement confirming that the agreement — and the complaints and appeals available under it — does not affect your rights to take action under the Australian Consumer Law where that law applies. The requirement sits at clause 3.4.5 of Standard 3, in the National Code 2018 text published on the Federal Register of Legislation, as at September 2026. What follows is general information about how the Standard works, not advice on your own circumstances; where a decision turns on your individual facts, the official text and a qualified professional's opinion should govern.
What does the Australian Consumer Law clause actually say?
Clause 3.4.5 requires the written agreement to state that "This written agreement, and the right to make complaints and seek appeals of decisions and action under various processes, does not affect the rights of the student to take action under the Australian Consumer Law if the Australian Consumer Law applies".
Two features of that wording matter. First, it is drafted as a mandatory disclosure rather than a grant of rights: the clause tells you that using the provider's internal processes is not a substitute for, or a waiver of, any separate rights you hold under the Australian Consumer Law. Second, it is conditional — the statement refers to action under the Australian Consumer Law "if the Australian Consumer Law applies", so the clause preserves a pathway rather than asserting that the law applies to every dispute.
When must the written agreement be signed, and who signs if the student is under 18?
Timing is fixed by clause 3.1: the registered provider must enter into the written agreement with the overseas student or intending overseas student concurrently with, or prior to, accepting payment of tuition fees or non-tuition fees. The agreement must be signed or otherwise accepted by the student, and it may take any form provided it meets the requirements of the ESOS Act and the National Code.
Age changes the signature. Under clause 3.2, if the student is under 18 years of age, the written agreement must be signed or otherwise accepted by the student's parent or legal guardian.
What else must the agreement spell out, in plain English?
Clause 3.3 requires the whole agreement to be in plain English, in addition to every requirement in the ESOS Act, and to cover a defined list of items:
- 3.3.1 — the course or courses you are enrolled in, the expected course start date, the location or locations where the course will be delivered, and the offered modes of study, including compulsory online and/or work-based training, placements, other community-based learning and collaborative research training arrangements.
- 3.3.2 — any prerequisites needed to enter the course, including English language requirements.
- 3.3.3 — any conditions imposed on your enrolment.
- 3.3.4 — all tuition fees payable, the periods those fees relate to, and your payment options, including, if permitted under the ESOS Act, that you may choose to pay more than 50 per cent of your tuition fees before the course commences.
- 3.3.5 — details of any non-tuition fees you may incur, including fees arising from having study outcomes reassessed, deferral of study, late payment of tuition fees, or other circumstances in which additional fees may apply.
- 3.3.7 — the provider's internal and external complaints and appeals processes, in accordance with Standard 10.
- 3.3.8 — a statement that you are responsible for keeping a copy of the written agreement as supplied by the provider, and receipts of any payments of tuition fees or non-tuition fees.
- 3.3.9 — links may be used only to provide supplementary material.
How far can the agreement go in disclosing your personal information?
This is clause 3.3.6, and it is narrower than many readers expect. The agreement must set out the circumstances in which personal information about you may be disclosed by three possible disclosers: the registered provider, the Commonwealth (including the TPS), or state or territory agencies. Any such disclosure must be in accordance with the Privacy Act 1988.
In practice, that makes the agreement the document to read when you want to know the scope of information sharing: it has to name the circumstances rather than rely on an open-ended consent, and the disclosure it describes is tied to the Privacy Act 1988. The Commonwealth limb is the one that connects enrolment data to national systems, including the TPS.
How are refunds, non-delivery and the TPS covered?
Clause 3.4 requires the agreement to include the following refund information, consistent with the ESOS Act, for both student default and provider default:
| Clause | What the agreement must tell you |
|---|---|
| 3.4.1 | The amounts that may or may not be repaid, including any tuition and non-tuition fees collected by education agents on behalf of the registered provider |
| 3.4.2 | The processes for claiming a refund |
| 3.4.3 | The specified person or persons, other than you, who can receive a refund in respect of you as the student identified in the agreement |
| 3.4.4 | A plain English explanation of what happens if a course is not delivered, including the role of the TPS |
| 3.4.5 | The Australian Consumer Law statement set out above |
If a dispute arises, what routes does the agreement have to give you?
Two clauses do the work. Clause 3.3.7 requires the agreement to outline the provider's internal and external complaints and appeals processes, in accordance with Standard 10 (Complaints and appeals). Clause 3.4.5 then states that those rights do not affect your ability to take action under the Australian Consumer Law where it applies.
Evidence is the practical hinge, and the Standard allocates it deliberately. Under clause 3.3.8, you are responsible for keeping your copy of the written agreement as supplied by the provider and receipts of payments. On the provider's side, clause 3.6 requires it to retain records of all written agreements and receipts of payments made under them for at least 2 years after the person ceases to be an accepted student.
What do you have to tell your provider, and how quickly?
Clause 3.5 requires the agreement to impose an obligation on you, while you are in Australia and studying with that provider, to notify the provider of your contact details:
- your current residential address, mobile number (if any) and email address (if any);
- who to contact in emergency situations;
- any changes to those details, within 7 days of the change.
What should you have been told before you were asked to sign?
Standard 2 covers the earlier stage. Clause 2.1 requires the provider, prior to accepting you for enrolment in a course, to make comprehensive, current and plain English information available on a list that includes the requirements for acceptance into the course, including the minimum level of English language proficiency, educational qualifications or work experience required, and course credit if applicable (2.1.1); the CRICOS course code, course content and modes of study (2.1.2); course duration and holiday breaks (2.1.3); the course qualification, award or other outcomes (2.1.4); campus locations and facilities (2.1.5); details of any arrangements with another provider, person or business who will provide the course or part of it (2.1.6); indicative tuition and non-tuition fees, advice on the potential for fees to change over the duration of the course, and the provider's cancellation and refund policies (2.1.7); the grounds on which enrolment may be deferred, suspended or cancelled (2.1.8); the ESOS framework, including official Australian Government material or links to it (2.1.9); and accommodation options and indicative costs of living in Australia (2.1.11).
Putting the two Standards side by side is the fastest way to spot a gap: what clause 2.1 describes before enrolment should line up with what clause 3.3 and 3.4 commit to in the signed agreement.
Frequently Asked Questions
Does the written agreement have to be in place before I pay any fees?
Yes. Clause 3.1 requires the registered provider to enter into the written agreement concurrently with or prior to accepting payment of tuition fees or non-tuition fees. The agreement can take any form as long as it meets the requirements of the ESOS Act and the National Code.
Can a student under 18 sign the written agreement alone?
No. Clause 3.2 provides that where the overseas student or intending overseas student is under 18 years of age, the written agreement must be signed or otherwise accepted by the student's parent or legal guardian.
Does making a complaint through the provider's process cancel my Australian Consumer Law rights?
No. Clause 3.4.5 requires the agreement to state that the agreement and the right to make complaints and seek appeals under various processes does not affect the student's rights to take action under the Australian Consumer Law where it applies. The clause is framed conditionally, so it preserves the pathway rather than deciding whether the law applies to your situation.
Who can my personal information be disclosed to under the agreement?
Clause 3.3.6 requires the agreement to set out the circumstances in which your personal information may be disclosed by the registered provider, by the Commonwealth including the TPS, or by state or territory agencies. Any such disclosure must be in accordance with the Privacy Act 1988.
Can the provider put key terms behind a web link instead of in the agreement?
Only supplementary material. Clause 3.3.9 permits links to be used for supplementary material alone, and clause 3.3 separately requires the substantive items — course details, prerequisites, enrolment conditions, fees, non-tuition fees, information disclosure, complaints and appeals, and record-keeping — to be set out in the agreement in plain English.
Who can receive a refund if it is not paid to me?
Clause 3.4.3 requires the agreement to specify the person or persons, other than you, who can receive a refund in respect of the student identified in the written agreement, consistent with the ESOS Act. Clause 3.4.1 also requires the agreement to cover amounts collected by education agents on behalf of the registered provider.
How long are records of the agreement kept?
You are responsible under clause 3.3.8 for keeping your own copy of the written agreement as supplied by the provider, plus receipts of tuition fee and non-tuition fee payments. Clause 3.6 separately requires the provider to retain records of all written agreements and payment receipts for at least 2 years after the person ceases to be an accepted student.