Give information about an accepted student to the Secretary within 14 days of any specified change in the status of the student's enrolment or the course they are undertaking;
Send a student a written notice if the student has breached a student visa condition, informing them that they are required to attend in person before an officer (within the meaning of the Migration Act 1958) at a specified place within 28 days;
Keep records of each accepted student;
Belong to a tuition assurance scheme, unless exempted through the regulations;
If liable to pay an annual registration charge, pay the charge by the last business day of February of the year; and
Pay an annual Fund contribution, unless exempted under the Act.
The providers that are exempt from the fit and proper person requirements of the Act (section 9(5)) are also exempt from making Fund contributions (section 24(2)). Sections 27-32 of the Act outline the obligations of providers with regard to refunds of course money. Refunds may apply in the event of provider default or student default.
If there is a written agreement between the provider and the student relating to student default, the provider must pay the required amount within 4 weeks after receiving a written claim from the student. In other cases, the provider must pay the student the total of all course money the provider received in respect of the student before the default day, less the expenses the provider incurred for the student for the course before the default day. The refund must be paid within two weeks in the case of provider default, and within four weeks in the case of student default'. (ESOS Evaluation Report (3.22)). (See: Part 3 of ESOS Act)
