No written refund agreement with my Australian provider — do I still get a refund (2026)?
Yes — in most cases you still get a refund, and the missing paperwork is your provider's problem, not yours. Under section 47E of the Education Services for Overseas Students Act 2000 (ESOS Act 2000), a registered provider must provide a refund when a student defaults in relation to a course at a location and the provider has not entered into an agreement with that student that meets the requirements of section 47B. The refund is the amount worked out under the method set by the Minister in a legislative instrument, and it must be paid within four weeks after the default day. This reflects the text of the Act published on the Australian Government's Federal Register of Legislation page for the Education Services for Overseas Students Act 2000 as of September 2026.
Who is actually breaking the law when no written agreement exists?
The duty sits on the provider. Section 47B requires a registered provider to enter into a written agreement with each overseas student — and each 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.
Section 47F turns failure into an offence. A person commits an offence if the person is a registered provider (or, where the provider is an unincorporated body, the principal executive officer of that provider) and fails to enter into an agreement complying with section 47B. The penalty is 60 penalty units. The Act also makes it a strict liability offence, referring to section 6.1 of the Criminal Code, and says that section 4K of the Crimes Act 1914 on continuing offences does not apply — so the failure is not treated as an offence that continues day by day.
The note under section 47B points to two consequence tracks: section 47F (the offence) and Division 1 of Part 6 of the Act, which deals with conditions, suspension and cancellation of a provider's registration. Nothing in these provisions attaches a penalty to the student.
Does the student lose the refund entitlement because the agreement was never signed?
No. Section 47E(1)(b)(i) does the opposite: it makes the absence of a compliant 47B agreement one of the two triggers that obliges the provider to pay. The logic is straightforward — the Act does not let a provider escape a refund obligation by failing to do the paperwork the Act itself requires.
Note the wording carefully. The trigger is not only "no agreement at all"; it is "has not entered into an agreement with the student that meets the requirements of section 47B." An agreement that leaves out the refund requirements, or that does not meet the national code requirements, is treated the same way as no agreement for this purpose.
How is the refund amount worked out if there is no agreement to calculate it from?
Section 47E(2) answers exactly that gap: the provider must pay the student a refund of the amount worked out in accordance with an instrument made under subsection (4). Subsection (4) allows the Minister to specify, by legislative instrument, a method for working out the refund amount. So when the written agreement cannot supply the figure, the statutory fallback is the Minister's specified method rather than the provider's discretion.
The Act adds a note for providers required to maintain an account under section 28: the refund might be paid out of that account, as provided in section 29. The exact method and any current instrument should be read from the official published version of the legislation and the instrument it refers to, since amounts and methods can be updated.
How quickly must the money arrive?
Section 47E(3) sets a fixed outer limit: the provider must pay the refund within the provider obligation period of four weeks after the default day. The clock runs from the default day, not from the date you raise the issue or from any internal review the provider runs.
What if the dispute is about a student visa refusal instead?
Section 47E has a second trigger. The refund obligation also applies where the provider is not required to pay a refund to the student because of subsection 47D(5), which the Act labels as the refusal of a student visa. In other words, the section catches at least two situations where a student would otherwise fall between the cracks: no compliant written agreement, and the visa-refusal carve-out in 47D(5). The conditions of section 47D itself are set out in the Act's text on the official legislation page.
Where does the 47F penalty land, in plain terms?
It lands on the provider side of the relationship. Section 47F(1)(a) names the registered provider, and for an unincorporated body it names the principal executive officer. The student is not the subject of the offence. That distinction is the practical answer to the worry behind the question: a missing or inadequate agreement is evidence of the provider's non-compliance, and it strengthens the student's position rather than weakening it.
Assume a student who has paid tuition and then defaults in relation to a course at a location, with no written agreement ever provided. Under section 47E the provider must pay a refund calculated under the Minister's instrument, within four weeks of the default day. Under section 47F, the same failure to enter a compliant agreement exposes the provider — or its principal executive officer, if the provider is an unincorporated body — to a 60 penalty unit offence.
This article describes the general framework in the Act only. It is general information, not advice on an individual situation, and the current wording of the Act, the national code requirements and any Minister's instrument should be confirmed against the official published version or with a qualified professional.
Frequently Asked Questions
Is a verbal or emailed promise enough instead of a written agreement?
No. Section 47B requires a written agreement that sets out the refund requirements applying on student default and meets any national code requirements. A verbal assurance or an informal message does not satisfy the section, and section 47E still requires the provider to pay a refund calculated under the Minister's instrument.
What penalty does the provider face for not having a compliant agreement?
Section 47F sets a penalty of 60 penalty units. It is a strict liability offence under section 6.1 of the Criminal Code, and section 4K of the Crimes Act 1914 on continuing offences does not apply to it.
Can the provider refuse to refund because I never signed anything?
Not under section 47E. Where the provider has not entered into an agreement that meets the requirements of section 47B, that fact is itself a trigger for the refund obligation, not a defence against it.
How long does the provider have to pay?
Four weeks. Section 47E(3) defines the provider obligation period as four weeks after the default day.
Do I need the agreement to know how much I should get back?
No. Section 47E(2) requires payment of the amount worked out under an instrument made under subsection (4), where the Minister may specify a method for calculating the refund. The entitlement does not depend on a figure written into the missing agreement.
Does the missing agreement affect my student visa?
The consequences named in the Act attach to the provider, not the student: section 47F is an offence committed by the registered provider, or by the principal executive officer where the provider is an unincorporated body. The note under section 47B also points to Division 1 of Part 6, which covers conditions, suspension and cancellation of provider registration.