How long do I have to accept a TPS replacement course in Australia (2026)?

Plain-language guide · general information, not immigration advice

Under section 49 (Student placement service) of the Education Services for Overseas Students Act 2000 (ESOS Act 2000), as published on the Federal Register of Legislation (legislation.gov.au) official page and current as at September 2026, if you accept a TPS (Tuition Protection Service) replacement (alternative) course, your acceptance must be in writing, and the default deadline is 30 days after the end of the provider obligation period. If the TPS Director determines that exceptional circumstances apply, the period can be a shorter period determined in writing by the TPS Director, or a longer period determined in writing by the TPS Director — but a longer period only applies if you agree to it.

What does the TPS Director have to give me before I accept?

Before an acceptance deadline can even start to matter, the TPS Director must first be satisfied that the situation is one where the student placement service applies. Under section 49(1), this requires the TPS Director to determine that a registered provider has defaulted in relation to an overseas student or intending overseas student and a course at a location, and that either the provider has failed to discharge its obligations under section 46D by the end of the provider obligation period, or the provider is unlikely to be able to do so by the end of that period.

If any suitable alternative courses are available, section 49(2) requires the TPS Director to provide you, in writing, with one or more options for those alternative courses. So the options themselves must reach you in writing; the Act does not leave this step to a verbal notification.

Do I have to accept in writing, or is a phone call enough?

Your acceptance must be in writing. Section 49(3) says that if a registered provider of an alternative course offers you a place, you may accept the offer, but section 49(4)(a) makes it clear that an acceptance must be in writing. A verbal "yes" over the phone, or an informal indication that you are interested, does not meet the written requirement in the Act.

The written acceptance is also the trigger for funding to the new provider. The note to section 49(3) explains that a call is made on the OSTF (Overseas Students Tuition Fund) to pay the provider of the alternative course, and Division 4 of the Act sets out the rules for those calls.

How is the 30-day acceptance deadline calculated?

The 30 days do not run from the day the provider closed or defaulted. They run from the end of the provider obligation period.

Section 46D(2) defines the provider obligation period as the period of 14 days after the default day. During that 14-day window, the defaulting provider must discharge its obligations to you, either by arranging for you to be offered a place in an alternative course at the provider's expense (and you accepting that offer in writing) or by providing a refund of unspent tuition fees, in accordance with section 46D.

Section 49(5)(a) then provides that, for the purposes of the acceptance requirement, the period is "the period of 30 days after the end of the provider obligation period." So the sequence is: default day → 14-day provider obligation period → 30-day acceptance period (unless an exceptional-circumstances determination changes it).

To make the counting concrete, suppose a provider's default day is 1 June and no exceptional-circumstances determination is made. The provider obligation period is the 14 days after the default day, so it ends on 15 June. The default acceptance period is then the 30 days after the end of that period, meaning the 30 days counted from 16 June onward, not from 1 June.

Can the deadline be shorter or longer than 30 days?

Yes, but only through a written exceptional-circumstances determination. Section 49(5)(b) says that if the TPS Director determines that exceptional circumstances apply, the period is either:

any shorter period determined in writing by the TPS Director; or
any longer period determined in writing by the TPS Director, and agreed to by the student.

The asymmetry is important: the TPS Director can set a shorter period in writing without needing your agreement, but a longer period needs both the Director's written determination and your agreement. If you are offered a longer period, you do not have to accept it; conversely, if the Director sets a shorter period, the Act does not require your agreement for that shorter period to apply.

These sections of the Act do not define "exceptional circumstances", so whether they exist in your case is a matter for the TPS Director's determination, and any resulting shorter or longer period must be given to you in writing. This article is general information only and is not personalised advice; the official wording on the Federal Register of Legislation remains the authority, and the position can depend on determinations and legislative instruments that should be checked against the official page.

What makes a course a "suitable alternative course"?

Section 49(2) only applies to "suitable alternative courses." Section 49(6) provides that the Minister may, by legislative instrument, specify criteria to be applied in considering whether a particular course is a suitable alternative course for the purposes of the Act. These sections do not set out those criteria, so the content of any such instrument, and whether it is in force, should be confirmed on the Federal Register of Legislation.

What happens if I accept, or if I don't accept?

Either way, the Act contemplates a call on the OSTF once the provider-default conditions are met.

Section 50A(2) provides that a call is made on the OSTF if the TPS Director determines that the provider defaulted, the provider failed to discharge its section 46D obligations by the end of the provider obligation period, and the student has not accepted a place in an alternative course in accordance with section 49. Section 50A(3) provides that a call is also made if the student accepts a place in an alternative course in accordance with section 49.

Under section 50B(1), if a call is made, the TPS Director must, as soon as practicable, pay out of the OSTF an amount equal to the amount the provider must still pay to satisfy the refund requirements. Where you have accepted a place in an alternative course, section 50B(3)(a) requires the payment to be made to the registered provider of that alternative course. If you have not accepted a place, section 50B(3)(c) provides for payment to the student, unless section 50B(3)(b) applies—that is, a refund was required to be paid under section 47D and a person other than the student is specified in the agreement made with the student under section 47B to receive the refund, in which case the payment goes to that specified person (and any such payment must be made in accordance with the legislative instrument made under section 50B(5)).

This is a description of what the Act provides, not a promise of any payment or outcome in your case.

Is there an outer time limit on the TPS process?

Yes. Section 50A(5) provides that a call is not made on the OSTF if the time when the TPS Director becomes aware that the circumstances described in subsection (2), (3) or (4) may exist is more than 12 months after the relevant default day. This 12-month awareness limit is separate from the 30-day acceptance period, and it is a limit on when a call can be made, not a deadline for you to accept.

Frequently Asked Questions

Is the 30 days counted from the day my school closed?

No. The provider obligation period is 14 days after the default day, and the default acceptance period is the 30 days after the end of that provider obligation period. So the 30 days start only after the 14-day period has ended, not from the default day itself.

Can I accept a TPS course over the phone?

Your acceptance must be in writing under section 49(4)(a). A purely verbal acceptance by phone does not satisfy the written requirement. The Act does not prescribe one specific written format, but a written record of the acceptance is required.

Who decides if the deadline is shorter or longer than 30 days?

The TPS Director must determine that exceptional circumstances apply, and any shorter or longer period must be determined in writing. The Director may then set a shorter period in writing without needing your agreement. A longer period must also be determined in writing by the Director and agreed to by you as the student.

Does the TPS Director have to give me the options in writing?

Yes. Section 49(2) requires that, if any suitable alternative courses are available, the TPS Director must provide the student with one or more options for those courses in writing.

What if I do not accept any alternative course?

Section 50A(2) provides that a call is still made on the OSTF if the provider defaulted and failed its section 46D obligations by the end of the provider obligation period, and you have not accepted a place in an alternative course in accordance with section 49. Section 50B then requires the TPS Director to pay the outstanding refund amount out of the OSTF as soon as practicable, subject to the Act.

Is there a point after which the TPS can no longer act?

Yes. Under section 50A(5), no call is made on the OSTF if the TPS Director becomes aware of the relevant circumstances more than 12 months after the relevant default day. This 12-month awareness rule is separate from your acceptance deadline.