How are Australian schools approved to enrol international students in 2026?
A school in Australia does not approve itself to teach overseas students. Under section 6B of the Education Services for Overseas Students Act 2000 (ESOS Act), it must first obtain a DSA assessment certificate from the designated State authority for that provider, and that certificate has to state, among other things, that the authority is satisfied the school complies — or will comply — with the Act, the national code, and any ELICOS Standards or Foundation Program Standards that apply to it. The rules below follow the official text of the Education Services for Overseas Students Act 2000 published on the Federal Register of Legislation, as of September 2026.
What does a DSA assessment certificate actually have to say?
The certificate is the document through which a State or Territory authority puts its judgement on the record. Section 6B(1) requires it to cover seven things:
- that the authority is satisfied the provider is complying, or will comply, with the ESOS Act, the national code, and the ELICOS Standards or Foundation Program Standards where they apply;
- that the authority is satisfied the provider is fit and proper to be registered — unless the provider is an exempt provider;
- that the authority is satisfied the provider has the principal purpose of providing education;
- that the authority has no reason to believe the provider lacks a clearly demonstrated capacity to provide education of a satisfactory standard, or has not been providing (or will not provide) education of a satisfactory standard;
- which registration conditions, if any, should be imposed;
- a recommended registration period of no more than seven years;
- any other matters prescribed by the regulations.
Two of those items carry most of the practical weight. The "principal purpose" test distinguishes a genuine school from a business whose real activity sits elsewhere, and the "clearly demonstrated capacity" test is what turns teaching quality from a marketing claim into something an authority has to assess. The Act also notes that when deciding whether a provider is fit and proper, the designated State authority must have regard to the matters listed in subsection 7A(2).
Who holds the approval decision: the State authority or Canberra?
Both, and they do different jobs. The designated State authority issues the assessment; a separate body called the ESOS agency administers the registration itself. Under section 6C(1), which body acts as ESOS agency depends on what kind of provider it is dealing with:
| Provider is, to the extent that it is… | ESOS agency |
|---|---|
| a registered higher education provider | TEQSA |
| a registered VET provider | the National VET Regulator |
| an approved school provider | the Secretary |
| a person or entity providing an ELICOS or a Foundation Program | the entity determined under subsection 6C(2) |
| a provider not covered by another item | the entity determined under subsection 6C(2) |
Where a provider falls under more than one item, the Minister may, by legislative instrument, determine which entities are its ESOS agencies and specify the circumstances in which each one acts. Formally, even the paperwork runs through this split: under section 6B(3), a DSA assessment certificate must be in the form approved in writing by the ESOS agency for the provider concerned.
Are all schools asked to prove they are "fit and proper"?
No. Section 6D defines a class of exempt providers, and for those the certificate does not need to include the fit-and-proper finding. A provider is exempt if:
- it is administered by a State education authority; or
- it is entitled to receive funds under a Commonwealth law for recurrent expenditure for providing education or training, and is not a provider prescribed by the regulations for that purpose; or
- it is specified in the regulations.
In practical terms the exemption turns on how a provider is administered and funded, not on whether it is described as public or private: a provider administered by a State education authority, or one entitled to Commonwealth recurrent funding and not prescribed by the regulations, falls outside the fit-and-proper statement.
Subsection 6D(2) closes a loophole worth knowing about: a private corporate body set up in connection with an exempt provider does not become exempt itself merely because of that connection. Being linked to a public institution is not inherited.
Can a school add courses or campuses after it is registered?
Yes, but it goes back through the State authority. Section 6B(2) sets out a separate instrument, the DSA recommendation certificate, which is given by the designated State authority for an approved school provider and does three things: recommends that the ESOS agency add one or more courses at one or more locations to the provider's registration; recommends any conditions that should be imposed; and sets out any other matters prescribed by the regulations.
That is the mechanism behind something families notice later: a registration is not a blanket permission for anything a school might offer. It describes specific courses at specific locations, and expansion is a fresh recommendation rather than a formality. Like the assessment certificate, the recommendation certificate must use the form approved in writing by the ESOS agency.
What happens if a school is suspected of breaking the rules?
Section 87 deals with exactly this, and it deliberately puts the State authority in the loop. The section applies when a registered provider is an approved school provider, the ESOS agency has information suggesting the provider may have breached the Act, the national code, or applicable ELICOS or Foundation Program Standards, and the information did not come from the designated State authority itself.
In those circumstances, before taking any action under the Act, the agency must notify the designated State authority of the possible breach, and may request that the authority investigate the matter or take other suitable action. The one exception is urgency: subsection 87(3) allows the agency to act first if, in its opinion, the circumstances of the possible breach require urgent action.
Here is an illustration of how the split reads in practice. Suppose a compliance concern about a registered school reaches the Secretary through a channel other than the State authority. The Secretary cannot simply move to suspension or cancellation on that information alone: notice goes to the designated State authority first, which may then be asked to investigate. Only if the matter is judged urgent does the notification step give way. Because the State authority is the body that assessed the school's teaching capacity in the first place, it is usually the one closest to the evidence.
This article is general information about how the framework works, not advice on any particular school's registration status or any student's enrolment, and specific situations should be checked against current legislation and official records or taken to a qualified professional.
Frequently Asked Questions
Who approves an Australian school to enrol international students?
A designated State authority must issue a DSA assessment certificate for the school, and the ESOS agency — the Secretary, in the case of an approved school provider — administers the registration itself. The State-level assessment and the federal registration are two separate steps in the same pathway.
What is the maximum registration period recommended for a school provider?
Under section 6B(1)(f), the designated State authority recommends a period of no longer than seven years for which the provider should be registered. The certificate can also recommend conditions to be imposed on the registration.
Do public schools have to pass the "fit and proper" test?
Providers that meet the exempt provider definition in section 6D do not need the fit-and-proper statement in their certificate. This includes providers administered by a State education authority and certain providers entitled to Commonwealth recurrent funding. A private company associated with such a provider is not exempt merely because of that association.
Which regulator handles breaches by a school provider?
If the ESOS agency receives information suggesting a breach of the Act, the national code, or applicable ELICOS or Foundation Program Standards, and the information did not come from the designated State authority, the agency must notify that authority before acting. It may ask the authority to investigate, though it can act immediately where the circumstances require urgent action.
Can a registered school add a new campus later?
Yes, through a DSA recommendation certificate, by which the designated State authority recommends that the ESOS agency add one or more courses at one or more locations to the registration. The same instrument is used to recommend any registration conditions.
Is TEQSA responsible for approving schools?
Not for school providers. Under section 6C, TEQSA is the ESOS agency for registered higher education providers, while the Secretary is the ESOS agency for an approved school provider. Where a provider falls under several categories, the Minister may determine which entity acts as ESOS agency and in which circumstances.
References
- Federal Register of Legislation — Education Services for Overseas Students Act 2000, section 6B: Meaning of DSA assessment certificate and DSA recommendation certificate
- Federal Register of Legislation — Education Services for Overseas Students Act 2000, section 6C: Meaning of ESOS agency
- Federal Register of Legislation — Education Services for Overseas Students Act 2000, section 6D: Meaning of exempt provider
- Federal Register of Legislation — Education Services for Overseas Students Act 2000, section 87: Breaches of this Act etc. by approved school providers