Do I get a refund if I withdraw from an Australian course in 2026?
If you withdraw from an Australian course in 2026, there is no single rule that hands you back a fixed share of your fees. Your refund comes from the written agreement you signed with your registered provider, and that agreement is legally required to state which amounts may or may not be repaid when a student defaults. A completely separate path opens when the provider is the one that fails to deliver: the Tuition Protection Service (TPS) can place you in another course or refund your unspent tuition fees. These two paths are governed by different parts of the same instrument — the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018) — whose official text, as of September 2026, sits on the Federal Register of Legislation. What follows explains the framework in general terms; it is not personalised advice about your contract, your payments or your visa, and any figure, deadline or procedure that matters to you should be checked against your own written agreement and the latest official material.
Does withdrawing actually count as "student default"?
In most cases, yes. The National Code 2018 definitions describe student default as the situation where an overseas student does not start a course, or withdraws from a course, within the meaning of section 47A(2) of the Education Services for Overseas Students Act 2000 (ESOS Act). Withdrawing mid-course and never turning up at all are therefore treated under the same label.
That label matters because it decides which set of rules applies. Student default is handled through your provider's own refund policy, as recorded in your written agreement. Provider default — where the registered provider fails to provide a course or ceases to provide it, within the meaning of section 46A of the ESOS Act — is handled through the TPS. Mixing the two is the most common source of false expectations: the protections designed for a college collapse do not automatically apply to a student who simply decides to leave.
| You withdraw — student default | Provider cannot deliver — provider default | |
|---|---|---|
| Trigger | Student does not start, or withdraws from, the course (ESOS Act s 47A(2)) | Provider fails to provide, or ceases to provide, the course (ESOS Act s 46A) |
| Where the outcome is set | The written agreement's refund information under Standard 3.4 | Placement in another course or a refund of unspent tuition fees through the TPS |
| What you should read first | Your written agreement and its refund clause | The agreement's plain-English explanation of what happens if the course is not delivered |
What must your written agreement say about refunds?
Standard 3 sets the minimum content. Under Standard 3.1, the provider must enter into a written agreement with you — signed or otherwise accepted by you — at the same time as, or before, it accepts any tuition or non-tuition fee payment. If you are under 18, the agreement must be signed or otherwise accepted by your parent or legal guardian (Standard 3.2).
The agreement must be in plain English and, in addition to everything the ESOS Act requires, cover a long list of items. The refund-specific block is Standard 3.4, which requires the agreement to include, consistently with the ESOS Act:
- 3.4.1 — the amounts that may or may not be repaid to you, expressly including any tuition and non-tuition fees collected by education agents on the provider's behalf;
- 3.4.2 — the process for claiming a refund;
- 3.4.3 — the specified person or people other than you who can receive a refund in respect of you, consistent with the ESOS Act;
- 3.4.4 — a plain-English explanation of what happens if the course is not delivered, including the role of the TPS;
- 3.4.5 — a statement that the written agreement, and the right to complain or appeal, does not affect your rights to take action under the Australian Consumer Law where that law applies.
Two other clauses are easy to overlook when you are counting money. Standard 3.3.4 requires the agreement to list all tuition fees payable, the periods those fees relate to and your payment options — including, if permitted under the ESOS Act, the fact that you may choose to pay more than 50 per cent of your tuition fees before the course commences. Standard 3.3.5 requires details of any non-tuition fees you may incur, including fees arising from having study outcomes reassessed, deferring study, or late payment of tuition fees. Those items sit on the cost side of your calculation, not on the refund side.
Can the refund be paid to someone else, and does money paid to an agent count?
Both questions are answered by Standards 3.4.3 and 3.4.1, and both are worth checking before you assume a refund has gone missing. Your agreement must name the specified person or people, other than you, who can receive a refund in respect of you — so a refund paid to a parent or another named party may be exactly what the contract provides for, rather than an error.
On agents, Standard 3.4.1 is explicit: the amounts that may or may not be repaid include tuition and non-tuition fees that education agents collected on the provider's behalf. Paying through an agent does not put that money outside the refund framework. Standard 4 of the National Code separately requires providers to ensure their education agents act ethically, honestly and in the best interests of overseas students.
What happens if the provider stops delivering the course?
This is the provider default path, and it does not depend on what you decided. The National Code 2018 describes the TPS as a placement and refund service that assists overseas students whose registered providers are unable to fully deliver their course of study. It ensures students can either complete their studies in another course or with another registered provider, or receive a refund of their unspent tuition fees.
Your written agreement is where you should first read about this: Standard 3.4.4 requires a plain-English explanation of what happens in the event of a course not being delivered, including the role of the TPS. The Commonwealth department responsible for education administers the TPS framework and PRISMS, the Provider Registration and International Student Management System used to process information providers give the department. Personal information may be disclosed by the provider, the Commonwealth including the TPS, and state or territory agencies in accordance with the Privacy Act 1988 (Standard 3.3.6) — which is why a TPS process can move without you re-supplying every document yourself.
How do you claim a refund, and what if you disagree with the outcome?
The starting point is Standard 3.4.2: the agreement must state the process for claiming a refund, so the steps, forms and any notification requirements are contractual, not something invented at the counter. Standard 3.3.8 puts a matching obligation on you — the agreement must state that you are responsible for keeping a copy of the written agreement as supplied by the provider, and receipts of any tuition or non-tuition fee payments. Standard 3.6 requires the provider to retain records of all written agreements and payment receipts for at least 2 years after the person ceases to be an accepted student.
If the outcome is not what you expected, the escalation route is also written into the framework. Standard 3.3.7 requires the agreement to outline the provider's internal and external complaints and appeals processes, in accordance with Standard 10 (Complaints and appeals), which sets out that students must have the right to natural justice protected through professional, timely, inexpensive and documented complaints handling and appeals processes. Separately, Standard 3.4.5 requires the agreement to carry the statement that none of this affects your rights to take action under the Australian Consumer Law where that law applies — so the contractual process is not the ceiling on your options.
What else changes when you withdraw: enrolment, fees and records
Withdrawal is rarely only about money. A Confirmation of Enrolment (CoE) is the electronically issued document that confirms your eligibility to enrol in a particular course and must accompany a student visa application, and providers maintain enrolment information in PRISMS under Standard 9. Standard 7 restricts a provider from knowingly enrolling a student who wants to transfer from another provider's course before the student has completed six months of their principal course — or, in the school sector, before the end of the first six months of the first registered school sector course — except in certain circumstances. Standard 8 requires providers to support students to complete their course within the required duration and meet visa requirements for attendance and progress, and under subsection 19(2) of the ESOS Act providers must notify the Commonwealth when overseas students have breached student visa conditions, such as by failing to maintain satisfactory course attendance or progress.
Smaller obligations also keep running. Standard 3.5 requires you, while in Australia and studying with that provider, to notify it of your current residential address, mobile number and email address, who to contact in an emergency, and any changes to those details within 7 days.
Is there anything specific to 2026?
One amendment recorded in the National Code 2018 endnotes is dated 2026: the National Code of Practice for Providers of Education and Training to Overseas Students Amendment (Education Agent Commissions) Instrument 2026 was registered on 20 January 2026 and commenced on 21 January 2026, adding Standards 4.7 and 4.8 and amending the Definitions. It sits in the education agent part of the National Code rather than in the refund clauses, but it is a reminder that agent-related provisions are the part of this instrument currently changing, and that amounts collected by agents remain inside the refund information your agreement must give you.
Frequently Asked Questions
Do I get a full refund if I withdraw before the course even starts?
Not automatically. Failing to start a course is treated as student default under the National Code 2018 definitions, so the outcome is whatever your written agreement says under Standard 3.4.1 about amounts that may or may not be repaid. Read the clause that distinguishes pre-commencement withdrawal from withdrawal after classes begin.
Are fees I paid to an education agent refundable?
They fall inside the refund information your agreement must provide. Standard 3.4.1 states that the amounts that may or may not be repaid include tuition and non-tuition fees collected by education agents on the provider's behalf. Whether a given amount is repayable still depends on the agreement's terms.
Can my refund be paid to my parent instead of me?
It can, if the agreement names them. Standard 3.4.3 requires the written agreement to specify the person or people, other than the student, who can receive a refund in respect of that student, consistent with the ESOS Act. Check that clause before treating a payment to someone else as a mistake.
When does the Tuition Protection Service apply instead of my provider's refund policy?
The TPS applies where the provider cannot fully deliver the course — provider default under section 46A of the ESOS Act — and offers placement in another course or with another provider, or a refund of unspent tuition fees. It is not the route for a student who withdraws voluntarily.
Does signing the written agreement remove my Australian Consumer Law rights?
No. Standard 3.4.5 requires the agreement itself to state that the agreement, and the right to make complaints and seek appeals under various processes, does not affect the student's rights to take action under the Australian Consumer Law where that law applies. The internal complaints process under Standard 10 runs alongside those rights, not instead of them.
How long should I keep my agreement and payment receipts?
Keep them for as long as any refund question is live. Standard 3.3.8 makes you responsible for keeping a copy of the written agreement and receipts of tuition and non-tuition fee payments, and Standard 3.6 requires the provider to retain its own records — agreements and receipts — for at least 2 years after you cease to be an accepted student.
What if I disagree with the refund my provider calculates?
Use the process written into your agreement. Standard 3.3.7 requires the agreement to outline the provider's internal and external complaints and appeals processes in line with Standard 10, which guarantees natural justice through documented, timely and inexpensive handling. The agreement must also note that these processes do not displace any Australian Consumer Law rights.