Who regulates my Australian education provider in 2026 — ASQA, TEQSA or the Department of Education?

In 2026, the answer depends primarily on the sector of the course you are enrolled in — and, for schools, on the state or territory whose designated State authority handles the application. If you are studying a VET course, your provider's ESOS agency is the Australian Skills Quality Authority (ASQA). If you are in a higher education course, it is the Tertiary Education Quality and Standards Agency (TEQSA). If you are at a school, it is the Secretary of the Department of Education. English language (ELICOS) students are usually under ASQA, with two exceptions — plus a separate rule for ELICOS provided in the capacity of a school — that this article sets out in full. This follows the Australian Government Department of Education's ESOS agencies and Registration on CRICOS official pages, as of September 2026.

What is an "ESOS agency", and why does it decide who polices my provider?

An Australian education institution can only enrol and teach students in Australia on a student visa if it is registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). Registered providers must meet the requirements of the Education Services for Overseas Students Act 2000 (ESOS Act) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code).

The department refers to three bodies — ASQA, TEQSA and the Secretary of the Department of Education — as the "ESOS agencies". Following amendments to the ESOS Act passed by Parliament in December 2015, registration requirements changed, and the rule became: a provider applies for registration to the ESOS agency for its own education sector. That agency decides whether registration is granted and monitors ongoing compliance with the ESOS framework. The ESOS agency is determined by the sector and jurisdiction in which the provider operates.

So which one covers my provider?

Start from your course, then check the exceptions below.

Those labels have precise legal meanings. "Higher education provider" means a provider within the meaning of the Tertiary Education Quality and Standards Agency Act 2011; "NVR registered training organisation" means one within the meaning of the National Vocational Education and Training Regulator Act 2011. If your offer letter names a university, you are almost certainly looking at TEQSA; if it names a TAFE or a private training college delivering a nationally recognised VET qualification, you are looking at ASQA.

Why isn't my English college always under ASQA?

ELICOS is the one category where three agencies can be involved, which is why ownership of a college is not a reliable shortcut.

ASQA is the ESOS agency for providers of English Language Intensive Courses for Overseas Students (ELICOS) programs in all states and territories except where the provider delivers the program:

1. in the capacity of a higher education provider, or
2. under an Entry Arrangement with at least one higher education provider.

Read together with the department's statement that TEQSA is the ESOS agency for all higher education providers across Australia, those two exceptions sit with TEQSA: all ELICOS delivered by a higher education provider, and all providers delivering ELICOS under an Entry Arrangement with at least one higher education provider, are outside ASQA's responsibility. The third case is separate — the Secretary of the Department of Education is the ESOS agency for all ELICOS provided in the capacity of a school.

An Entry Arrangement has a specific meaning on the department's page: a pathway arrangement under which an overseas student who completes an ELICOS program with the provider meets the minimum English proficiency requirements for entry with the higher education provider, in order to study a higher education course or foundation program. In practice this means a package offer — English plus a university place conditional on reaching the required English level — can move the ELICOS leg out of ASQA's hands, even though the teaching looks identical to that at a neighbouring private college. The distinguishing factor is the arrangement the provider operates under, not the timetable.

What if my provider teaches both higher education and VET?

Dual-sector providers do not get a single regulator. A provider offering both higher education and VET courses to overseas students should direct CRICOS registration applications relating to its higher education courses to TEQSA and those relating to its VET courses to ASQA.

The two agencies do try to avoid putting a provider through the same exercise twice. Where a provider is seeking to renew its higher education and VET registrations concurrently, the two regulatory agencies will work collaboratively to consider and, where possible, synchronise related topics of assessment. ASQA and TEQSA each make their own decision within their area of regulatory responsibility, but they liaise throughout the assessment process to ensure coordination.

For a student, the practical consequence is that the same institution may answer to two agencies depending on which course your Confirmation of Enrolment covers.

How does the school route actually work?

Schools sit with the Secretary of the Department of Education, but states and territories are deeply involved. They recommend school providers for registration and monitor schools' compliance under the ESOS Act; in that role they are called designated State authorities (DSAs). A provider's DSA is the education agency responsible for approving schools to operate in that state or territory.

The sequence is:

• The school applies for CRICOS registration to the department through its DSA.
• The DSA assesses whether the school is appropriate for CRICOS registration and identifies any conditions that should be placed on the registration.
• The DSA issues a DSA assessment certificate, which must accompany the school's application.
• The department makes the final decision on whether to register the school on CRICOS.

Renewal follows the same path through the DSA, with one difference: the DSA issues a recommendation certificate instead of an assessment certificate.

What standards must my provider meet, whichever agency applies?

Registration is only the entry point. Every registered provider must meet the ESOS Act and the National Code 2018. On top of those general registration requirements, providers delivering ELICOS or foundation programs must meet the relevant ELICOS Standards or Foundation Program Standards respectively. The standards a provider is held to therefore track the courses it delivers, in the same way the responsible agency does.

This is also where the boundary of what you can expect becomes clear. Registration and compliance monitoring sit with the ESOS agency for the sector; the department's own ESOS enquiry form is described in its stated purpose as providing general information and assistance to education providers and overseas students on the National Code 2018 and the ESOS Act, and expressly not specific or legal advice. This article sits in the same category — it is a general explanation of how responsibility is allocated, not advice on an individual case, and anyone with a specific contract, refund or enrolment dispute should confirm the current position against the official pages and consider professional advice on their own circumstances. Current government fee amounts and processing times should be checked against the department's official publication.

Frequently Asked Questions

How do I find the ESOS agency for a specific provider?

Identify the sector of the course you are enrolled in: higher education goes to TEQSA, VET delivered by an NVR registered training organisation goes to ASQA, and schooling goes to the Secretary of the Department of Education through the relevant designated State authority. ELICOS defaults to ASQA unless one of the two exceptions applies. The department notes that CRICOS regulatory authority contact details can be found on the CRICOS website.

My private college runs both a diploma and a bachelor degree. Who regulates it?

Both agencies, for different courses. The provider directs its higher education CRICOS registration applications to TEQSA and its VET applications to ASQA. If the registrations are being renewed at the same time, the two agencies coordinate their assessments but still issue separate decisions.

I am studying English at a university-owned language centre. Is that still ASQA?

No. ELICOS delivered by a higher education provider is excluded from ASQA's ELICOS coverage, and TEQSA is the ESOS agency for all higher education providers across Australia. If instead your centre delivers its English program under an Entry Arrangement with at least one higher education provider, it is likewise outside ASQA's ELICOS remit.

What exactly counts as an Entry Arrangement?

A pathway arrangement under which an overseas student who completes an ELICOS program with the provider meets the minimum English proficiency requirements for entry with the higher education provider, in order to study a higher education course or a foundation program. It is the existence of the arrangement that matters, not whether any individual student eventually takes it up.

Do state education departments regulate schools for overseas students?

They recommend registration and monitor compliance, but they are not the ESOS agency. The Secretary of the Department of Education holds that role for all schools, while designated State authorities issue the assessment certificate (or recommendation certificate on renewal) that must accompany a school's CRICOS application.

Do registration requirements differ for ELICOS and foundation programs?

Yes, in one respect. Beyond the general ESOS Act registration requirements and the National Code 2018, ELICOS providers must meet the ELICOS Standards and foundation program providers must meet the Foundation Program Standards.

When were the current registration arrangements introduced?

Registration requirements changed following amendments to the ESOS Act passed by Parliament in December 2015. The current rule is that a provider applies to the ESOS agency for its own education sector, which decides registration and monitors compliance.

References

• Australian Government Department of Education — ESOS agencies
• Australian Government Department of Education — Registration on CRICOS
• Australian Government Department of Education — Education Services for Overseas Students (ESOS) enquiry form