Are ELICOS, foundation and VET courses covered by Australia's tuition protection (2026)?

Plain-language guide · general information, not immigration advice

Yes. Australia's tuition protection rules for overseas students do not start at degree level: the Education Services for Overseas Students Act 2000 (ESOS Act) lists ELICOS, Foundation Programs and VET courses separately in its definition of "course", so each is covered on its own terms. This article reflects the Federal Register of Legislation — Education Services for Overseas Students Act 2000 official page as at September 2026, and is general information only, not advice about your individual case; confirm details against the official page or a qualified professional.

What does tuition protection actually depend on?

It depends on whether your program is a "course" as the Act defines that word.

Both of the protection mechanisms in the Act are framed around "a course at a location". Provider default obligations under section 46D apply when a registered provider defaults in relation to an overseas student or intending overseas student and a course at a location. The written agreement requirement under section 47B applies to refund requirements that operate if the student defaults in relation to a course at a location. So the coverage question comes before every other question: if your program is a course under section 5AA, these obligations are engaged; if it is not, they are not.

Which course types are listed in section 5AA?

Section 5AA(1) says a course is a course of education or training that satisfies one or more of six descriptions.

Listed in s 5AA(1)	In plain terms
(a) Leads to a qualification recognised in the Australian Qualifications Framework	Most diploma, bachelor and master programs
(b) Education at a level that, under section 15 of the Australian Education Act 2013, constitutes primary or secondary education	School-level study
(c) A Foundation Program	Foundation or preparatory programs
(d) An ELICOS	English language intensive courses for overseas students
(e) Offered by a registered higher education provider	Courses from registered higher education providers
(f) A VET course within the meaning of the National Vocational Education and Training Regulator Act 2011	Vocational education and training courses

Only one of these needs to be satisfied. A program that leads to an AQF qualification is covered under (a), but a program that does not can still be covered because it is primary or secondary education under section 15 of the Australian Education Act 2013, a Foundation Program, an ELICOS, offered by a registered higher education provider, or a VET course.

So are ELICOS, foundation and VET covered specifically?

Each is named in its own right, which is what makes self-checking straightforward for English-language, preparatory and vocational students.

ELICOS appears at paragraph (d) as a standalone category. An English program is covered as ELICOS; it does not have to be attached to a degree to qualify.
Foundation Programs appear at paragraph (c). A foundation or preparatory year is covered even where the student has not yet entered higher education.
VET courses appear at paragraph (f), but only "within the meaning of the National Vocational Education and Training Regulator Act 2011". The classification is imported from that Act rather than defined in the ESOS Act itself.

The practical limit runs the other way: a program that does not lead to an AQF qualification, is not primary or secondary education under section 15 of the Australian Education Act 2013, is not offered by a registered higher education provider, and is not a Foundation Program, an ELICOS or a VET course has no limb to sit under unless the Minister has determined otherwise.

Can the Minister add or remove course types?

Yes, and that is why the six paragraphs above are not the last word.

Section 5AA(2) allows the Minister, by legislative instrument, to determine that a course of education or training is a course. Section 5AA(3) allows the Minister, by legislative instrument, to determine that a course of education or training is not a course. Both provisions carry a note pointing to subsection 13(3) of the Legislation Act 2003, which allows specification by class — so these determinations can apply to whole categories rather than single programs. If you are relying on a category that is not one of the six listed paragraphs, or you want to confirm that no determination has removed your category, the current legislative instruments as officially published are what govern.

What happens if a provider defaults?

The provider has 14 days, and two ways to discharge the obligation.

Under section 46D(2), a registered provider that defaults must discharge its obligations to the student within the provider obligation period of 14 days after the default day. Under subsection (3), it does so either by arranging for the student to be offered a place in an alternative course at the provider's expense and having the student accept that offer in writing, or by paying a refund.

The refund under subsection (6) is of unspent tuition fees received by the provider in respect of the student, worked out in accordance with any legislative instrument made under subsection (7); the Minister may specify by that instrument the method for working out the amount. A note to the section records that, for providers required to maintain an account under section 28, the refund might be paid out of that account (see section 29). Breaching the section carries consequences referenced in the note: section 46E (offence), the student placement service provisions, calls on the OSTF, and the conditions, suspension and cancellation provisions in Division 1 of Part 6.

What if the student defaults instead?

A different mechanism applies, and it is contractual rather than a fixed statutory amount.

Section 47B requires a registered provider to enter into a written agreement with each overseas student or intending overseas student that sets out the refund requirements applying if the student defaults in relation to a course at a location, and that meets any requirements set out in the national code. The note records that breach is dealt with under section 47F (offence) and Division 1 of Part 6. In other words, for student default the answer to "how much comes back" sits in the written agreement and the national code, not in the unspent-tuition-fee method used for provider default.

How do I check my own situation?

Work through the category first, then the paperwork.

Suppose an applicant enrols in a standalone ELICOS program and then moves into a VET diploma. The ELICOS is covered under paragraph (d) of section 5AA(1); the diploma is covered under paragraph (f) if it is a VET course within the meaning of the National Vocational Education and Training Regulator Act 2011. Both sit inside the definition independently, so a change of course type between stages does not by itself move the student outside the framework. The next check is the written agreement required by section 47B, because that is where refund requirements for student default are set out.

Frequently Asked Questions

Is ELICOS covered even if I never start a degree?

Yes. Section 5AA(1)(d) lists ELICOS as one of the categories that makes something a course, without any requirement that it feed into further study. The obligations that attach to a course at a location therefore apply to it on its own.

Is a foundation program covered if it does not lead to an AQF qualification?

Yes, on the face of the Act. Paragraph (c) of section 5AA(1) names Foundation Programs separately from paragraph (a), which covers courses leading to an AQF-recognised qualification, so the foundation route does not depend on the AQF limb.

What counts as a VET course?

The ESOS Act does not define it directly. Paragraph (f) of section 5AA(1) refers to a VET course "within the meaning of the National Vocational Education and Training Regulator Act 2011", so that Act supplies the meaning.

Can the government change which courses are covered?

Yes. Under sections 5AA(2) and 5AA(3) the Minister may determine by legislative instrument that a course of education or training is, or is not, a course, and determinations may be made by class. Treat the officially published instruments as the current position.

How quickly must a provider act after it defaults?

Within 14 days after the default day, which the Act calls the provider obligation period (section 46D(2)). Within that period the provider must either arrange an alternative place at its own expense that the student accepts in writing, or pay a refund.

Do I get all my fees back if my provider closes?

Not necessarily as a matter of course. The refund option under section 46D(6) is of unspent tuition fees received by the provider, calculated using any method specified in a legislative instrument made under subsection (7); the alternative is an offered place in another course at the provider's expense.

Must there be a written agreement before I pay?

The Act requires one. Section 47B obliges a registered provider to enter into a written agreement with each overseas student or intending overseas student setting out the refund requirements that apply on student default and meeting any requirements in the national code.