What happens to the tuition I paid if my provider closes?

If your provider closes or cannot start or continue your course, that is a provider default . The provider must tell you in writing and, within the statutory deadline (14 days from the default date), place you in a replacement course or refund your unspent tuition fees . If it does not, TPS may help with a replacement course or a refund. Make your request through TPS Online. Amounts and outcomes vary from case to case and cannot be predicted. Check your visa with Home Affairs.

Can I get my tuition fees refunded if I stop studying?

If you choose to stop studying, that is a student default , and whether you get a refund, and how much, is in principle set by the refund clause in your written agreement . However, if a student visa refusal caused the default, or there is no written agreement of the kind the law requires, the refund amount is set by a statutory formula rather than by the agreement. If a visa refusal meant you could not start the course, you get back the tuition and other fees the provider received, minus only the lesser of 5% and $500; in all other cases, the refund is calculated by the week on the tuition fees already paid that cover the period after the default date. The refund deadline is 4 weeks after a written claim for a refund under an agreement, or 4 weeks from the default date if there is no agreement or a visa refusal caused the default. If the provider does not comply, TPS may help with the refund. Amounts depend on each case and cannot be predicted, so check the official website.

How long before an international student can change providers?

A new provider cannot knowingly enrol a student who has not completed a set period of their principal course with their current provider. That period is a temporary 12 months from 2 October 2026 to 30 June 2027, then 6 months from 1 July 2027, and for the school sector it is the first 6 months (checked October 2026). The exceptions are the current provider's registration ending, a sanction by a regulator, transfer approval and written support from a government sponsor. Check visa effects with Home Affairs.

Where do I complain if I have a dispute with my provider?

Start with the provider's internal complaints and appeals process . The provider must begin its review within 10 working days of receiving your complaint and, if the complaint is not accepted, give you an external body's contact details within 10 working days after the review ends. External bodies: NSO for higher education, the Overseas Student team for VET at private providers, and the state or territory Ombudsman for VET at public providers.

What should I do if an agent gave me wrong advice?

Because a provider's internal complaints process must also cover your dealings with the provider's education agent , you can raise the problem with the provider in writing. For VET at a private provider, the Overseas Student team can also look at wrong advice from an agent acting for the provider. Providers must publish a list of their agents on their website, so check it. For the conduct of a migration agent , you can contact the OMARA (Office of the Migration Agents Registration Authority).

Do I still have to attend and pay during a complaint?

Yes. During a complaint or appeal, enrolment, attendance and progress requirements still apply and your agreement's payment terms remain valid. Before reporting poor attendance or progress, the provider must give you written notice and 20 working days to appeal, and a suspension or cancellation has no effect until the internal appeal ends (except where there is a health or wellbeing risk). Stopping attendance or payment does not protect your rights.

How do I check that my provider is properly registered?

Providers and courses that can enrol student visa holders are listed on CRICOS ; look them up using Institution Search and Course Search. You can also check registration status on TEQSA's National Register for higher education providers and on the government's National Register of VET for VET providers (RTOs). This guide does not rate or recommend any provider, and registration status can change, so check again before you pay.

International student rights in Australia: ESOS, TPS and the Ombudsman - Toowoomba

Back to Guides

Problems with your education provider: international student rights under ESOS, TPS and the Ombudsman

A summary of the schemes available to international students when a provider cannot deliver a course as contracted, or closes. Covers written agreements and refund rules, the Tuition Protection Service (TPS), limits on changing providers, internal processes and Ombudsman complaint pathways.

Overview: ESOS protections for international students

If a provider cannot deliver your course after you have paid and enrolled, or suddenly closes, you can face serious financial and visa problems. Australia has the ESOS Act 2000 (Education Services for Overseas Students Act) and the National Code 2018 for these situations. Providers and courses that can enrol student visa holders are listed on the government register, CRICOS, and providers must follow rules on recruitment information, written agreements, limits on prepaid tuition, changing providers and handling complaints. If a provider cannot deliver a course, the government's TPS (Tuition Protection Service) helps with a replacement course or a refund.

Three layers: agreement, TPS and complaint bodies

Protection comes in three main layers. First, the written agreement you sign before (or when) you pay sets out the refund conditions and complaints process in writing. Second, TPS may be able to help if a provider fails to meet a legal obligation such as a refund or replacement course. Third, if you disagree, raise the dispute through the provider's internal process first, then an external Ombudsman. Study pathways, course choice, work hours, visa conditions and OSHC are outside this guide, so check the official guidance.

Written agreements and refund rules: read before you pay

Before or at the same time as a provider takes any tuition or other fees, it must enter into a written agreement that the student (or a parent or guardian, if under 18) signs or accepts. The agreement sets out the course, fees and how to pay them, refund conditions and the complaints process in plain English, and says the student is responsible for keeping a copy and receipts. The ESOS Act also bars taking more than 50% of the total tuition fees before the course starts, but this does not apply if the student or payer agreed to pay more or the course is 25 weeks or less (checked October 2026).

Provider default vs student default

A provider default is when a provider closes, cannot start a course or stops it partway. The provider must notify you in writing and, within the statutory deadline (14 days from the default date), place you in a replacement course or refund unspent tuition fees. A student default is when you do not start on the course start date, you choose to stop, or the provider refuses or ends your enrolment because of unpaid fees, a breach of visa conditions or misconduct. In that case, the written agreement in principle decides any refund, but if a student visa refusal caused the default, or there is no written agreement that meets the requirements set by law, a statutory formula decides it.

Changing providers: limits and checks

Standard 7 of the National Code 2018 limits when you can move to another registered provider. A new provider cannot knowingly enrol a student before they have completed a set period of their principal course with their current provider. That period is a temporary 12 months from 2 October 2026 to 30 June 2027, then 6 months from 1 July 2027; for the school sector it is the first 6 months of the first school course (checked October 2026).

4 exceptions: the current provider or course ceases to be registered, a sanction blocks study, the current provider approves the transfer, or a government sponsor gives written support
Transfer policy: providers must give students a documented policy covering the request process, approval and reasons for refusal (students under 18 need written confirmation from a parent or guardian)

4 dispute bodies: who handles what

The provider's internal process comes first; external bodies are divided by course type. Where the Australian Consumer Law (ACL) applies, the written agreement says it does not affect your rights under that law. For private disputes, see the small claims tribunal and legal assistance guides.

Internal process (step 1)

Every provider must have a documented internal complaints and appeals process. It must start its review within 10 working days of receiving your complaint, cover your dealings with the provider's agents and, if your complaint is not accepted, give you the contact details of an external body.

Overseas Student team

The Overseas Student team at the Commonwealth Ombudsman (1300 362 072) handles complaints from student visa holders about VET courses at private providers (fees, refunds, transfers, enrolment cancellation and so on). Courses at public providers are excluded.

NSO: higher education

The NSO (National Student Ombudsman, 1300 395 775) is a free, independent service for higher education student complaints that the provider's own process has not resolved; international students are covered. Academic judgements such as grades, VET courses and employment matters are excluded.

State Ombudsman

The Ombudsman in each state or territory can help with complaints about VET courses at public providers (such as public TAFE). If you are unsure where to take a VET complaint, the National Training Complaints Hotline (13 38 73) will direct you to the right body.

Closure or dispute: steps to take

Follow these steps in order if a provider has closed or you are in a dispute. Deadlines and forms can change, so check the official guidance first.

Check official notices: read the Department of Education's Education Provider Notices and your provider's notices, and ask the provider for your academic record, course structure, CoE and receipts.
Request help through TPS Online: if you are eligible, you will be given an account, and receipts and bank records of what you paid are used to calculate a refund (1300 131 798).

Myths and mistakes

These misunderstandings can cost you rights you are trying to use. Knowing how the system works avoids most of them.

Myth: "I can stop attending and paying during a dispute." Attendance, progress and payment conditions still apply during a complaint. Unpaid fees can lead to suspension or cancellation, and poor attendance or progress can be reported to Home Affairs.
Myth: "TPS gives back everything I paid." In a provider default, TPS helps with a replacement course or a refund of unspent tuition fees. Books, equipment, OSHC, administration fees, accommodation and visa application fees are not tuition fees.

Life in Australia Guide