What must be in an Australian written agreement for international students in 2026?
A written agreement with an Australian education provider must be in place at the same time as, or before, the provider accepts any payment of tuition fees or non-tuition fees from you. The agreement may take any form, provided it meets the requirements of the ESOS Act and the National Code, and it must be written in plain English; if you are under 18, it must be signed or otherwise accepted by your parent or legal guardian. This is set out in Standard 3 — Formalisation of enrolment and written agreements of the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (National Code 2018), published on the Australian Federal Register of Legislation, as of September 2026.
When must the written agreement actually be in place?
The trigger is money, not paperwork order. Under Standard 3.1, the registered provider must enter into the written agreement with you concurrently with or prior to accepting payment of tuition fees or non-tuition fees. The agreement has to be signed or otherwise accepted by you, so the obligation is met either by a signature or by another form of acceptance.
Suppose an applicant is asked to transfer a deposit to hold a place before any agreement has been presented. Under Standard 3.1 the agreement must be entered into at the same time as or before that payment is accepted — the two cannot be sequenced the other way around.
For students under 18, Standard 3.2 adds a second signatory: the agreement must be signed or otherwise accepted by the student's parent or legal guardian. The student's own acceptance is not sufficient at that age.
Does it have to be a paper contract?
No. Standard 3.1 states that a written agreement may take any form, as long as it satisfies the ESOS Act and the National Code. What matters is the content, not the label on the document.
There is one structural limit worth knowing: under Standard 3.3.9 the agreement may only use links to provide supplementary material. The items that Standard 3 requires must sit in the agreement itself; a hyperlink is acceptable for extra material, not as a substitute for the mandatory content.
What must the agreement say about the course?
Standard 3.3 requires the following to be stated in plain English, in addition to everything the ESOS Act requires:
- The course and how it is delivered (3.3.1): the course or courses you are enrolled in, the expected course start date, the location or locations where the course will be delivered, and the offered modes of study, including compulsory online and/or work-based training, placements, other community-based learning, and collaborative research training arrangements.
- Entry prerequisites (3.3.2): any prerequisites needed to enter the course, including English language requirements.
- Conditions on enrolment (3.3.3): any conditions imposed on your enrolment.
How much detail is required about fees?
Fee disclosure is split into tuition fees and non-tuition fees, and both have to be itemised.
| Fees covered | What the agreement must state |
|---|---|
| Tuition fees (Standard 3.3.4) | All tuition fees payable by the student for the course, the periods those fees relate to, and the payment options — including, if permitted under the ESOS Act, that the student may choose to pay more than 50 per cent of tuition fees before the course commences. |
| Non-tuition fees (Standard 3.3.5) | Details of any non-tuition fees the student may incur, including fees arising from having study outcomes reassessed, deferral of study, late payment of tuition fees, or other circumstances in which additional fees apply. |
The payment-options clause is the one students most often skim past: if the ESOS Act permits it, the agreement must tell you that paying more than half your tuition fees up front is a choice you can make, rather than presenting it as the default.
What about personal information, complaints and your own copy?
Three separate items appear under Standard 3.3:
- Personal information (3.3.6): the agreement must set out the circumstances in which your personal information may be disclosed by the registered provider, by the Commonwealth including the Tuition Protection Service (TPS), or by state or territory agencies, in accordance with the Privacy Act 1988.
- Complaints and appeals (3.3.7): the provider's internal and external complaints and appeals processes must be outlined, in accordance with Standard 10 (Complaints and appeals).
- Your records (3.3.8): the agreement must state that you are responsible for keeping a copy of the written agreement as supplied by the provider, together with receipts of any payments of tuition fees or non-tuition fees.
Which refund terms are compulsory?
Standard 3.4 requires the agreement to include refund information for both student default and provider default, consistent with the ESOS Act:
- the amounts that may or may not be repaid, including any tuition and non-tuition fees collected by education agents on behalf of the provider (3.4.1);
- the processes for claiming a refund (3.4.2);
- the specified person or persons other than you who can receive a refund on your behalf, consistent with the ESOS Act (3.4.3);
- a plain English explanation of what happens if a course is not delivered, including the role of the TPS (3.4.4);
- a statement that "This written agreement, and the right to make complaints and seek appeals of decisions and action under various processes, does not affect the rights of the student to take action under the Australian Consumer Law if the Australian Consumer Law applies" (3.4.5).
That final clause is what stops the agreement's internal complaints process from being presented as your only remedy.
What contact details are you required to keep up to date?
Standard 3.5 requires the agreement to include a requirement that, while you are in Australia and studying with that provider, you notify the provider of your contact details: your current residential address, mobile number (if any) and email address (if any) (3.5.1), who to contact in emergency situations (3.5.2), and any changes to those details within 7 days of the change (3.5.3).
The seven-day clock applies to changes, including a change of residential address, mobile number or email address.
Who keeps records, and for how long?
Both sides hold records. Under Standard 3.3.8 you are responsible for keeping your copy of the agreement and the receipts for payments you have made. Under Standard 3.6, the registered provider must retain records of all written agreements as well as receipts of payments made by students under the agreement for at least 2 years after the person ceases to be an accepted student.
What should you already have received before being offered a place?
Standard 2 (Recruitment of an overseas student) sets a separate, earlier disclosure duty: before accepting you for enrolment, the provider must make comprehensive, current and plain English information available on entry requirements including the minimum level of English language proficiency, educational qualifications or work experience, and course credit (2.1.1); the CRICOS course code, course content, modes of study and assessment methods (2.1.2); course duration and holiday breaks (2.1.3); the qualification, award or other outcomes (2.1.4); campus locations and facilities, equipment and learning resources (2.1.5); arrangements with another provider, person or business delivering the course or part of it (2.1.6); indicative tuition and non-tuition fees, advice on the potential for fees to change over the duration of a course, and the provider's cancellation and refund policies (2.1.7); the grounds on which enrolment may be deferred, suspended or cancelled (2.1.8); the ESOS framework (2.1.9); where relevant, approval of accommodation, support and general welfare arrangements for younger overseas students (2.1.10); and accommodation options and indicative costs of living in Australia (2.1.11).
If course credit or recognition of prior learning shortens your course, Standard 2.5 requires the provider to inform you of the reduced duration and to issue the confirmation of enrolment (CoE) only for that reduced duration, and to report the change in course duration in PRISMS if the credit is granted after your visa is granted.
This article describes the National Code requirements in general terms and is not a substitute for advice on your own circumstances; the official ESOS Act and National Code text, and any professional advice you choose to obtain, govern how these rules apply to you.
How do you check a document against these requirements?
Read the agreement itself rather than the pages it links to, and confirm that each group of items appears in plain English: the course, start date, locations and modes of study; prerequisites and enrolment conditions; tuition fees with their periods and payment options; possible non-tuition fees; information disclosure under the Privacy Act 1988; complaints and appeals processes; the refund block for student and provider default, including the Australian Consumer Law statement; and your obligation to notify contact details. Keep the copy you were given, together with receipts for every payment.
Frequently Asked Questions
Does the agreement have to be signed before I pay any tuition fees?
Yes. Standard 3.1 requires the registered provider to enter into the written agreement with you concurrently with or prior to accepting payment of tuition fees or non-tuition fees. A request to pay first and receive the agreement afterwards does not match this sequencing.
Can the written agreement be an email or an online acceptance?
It can take any form, as long as it meets the requirements of the ESOS Act and the National Code and is in plain English. The only restriction is that links may be used solely for supplementary material, not for content the National Code requires in the agreement itself.
I am 17 — do my parents have to sign?
Yes. Under Standard 3.2, if the student is under 18 years of age, the written agreement must be signed or otherwise accepted by the student's parent or legal guardian. The student's own signature alone does not satisfy the requirement.
May I pay more than half my tuition fees before the course starts?
Standard 3.3.4 requires the agreement to list the payment options, including — if permitted under the ESOS Act — that you may choose to pay more than 50 per cent of your tuition fees before the course commences. Whether that option applies depends on what the ESOS Act permits, so the agreement's own payment-options clause is the place to check.
Does the agreement have to explain how my personal information is shared?
Yes. Standard 3.3.6 requires the agreement to set out the circumstances in which your personal information may be disclosed by the provider, by the Commonwealth including the TPS, or by state or territory agencies, in accordance with the Privacy Act 1988.
How quickly must I report a change of address or phone number?
Within 7 days of the change. Standard 3.5 requires you to notify the provider of your current residential address, mobile number (if any) and email address (if any), who to contact in an emergency, and any changes to those details inside that period.
Does the agreement cancel out my consumer law rights?
No. Standard 3.4.5 requires the agreement to state that the written agreement and the right to make complaints and seek appeals does not affect the student's rights to take action under the Australian Consumer Law, where that law applies.
How long does the provider keep my agreement and receipts?
At least 2 years after the person ceases to be an accepted student, under Standard 3.6. Your own obligation under Standard 3.3.8 is separate: you are responsible for keeping the copy of the agreement supplied to you and the receipts for payments you made.