An Australian provider that markets courses to students on student visas answers to the Education Services for Overseas Students Act 2000 (the ESOS Act) and the National Code 2018 made under it, and a higher education provider also answers to TEQSA and the Higher Education Standards Framework. The provider registers on CRICOS before it enrols overseas students. Its marketing is not false or misleading and stays consistent with the Australian Consumer Law. It names its CRICOS registered name and number in written and online material aimed at overseas students, promises no migration outcome and guarantees no education assessment result. The same rules reach the agents and other parties who represent the provider.
What the ESOS Act, CRICOS and TEQSA Cover, and Who They Apply To
The ESOS framework applies to every provider that delivers courses in Australia to overseas students, meaning students who hold a student visa, and TEQSA adds the higher education standards for universities and other registered higher education providers. TEQSA describes the ESOS framework as a body of legislation that protects international students, protects Australia's reputation for quality education and supports the integrity of the student visa programme. The Department of Education administers the framework, including CRICOS, the Commonwealth Register of Institutions and Courses for Overseas Students. Every provider approved to deliver courses to overseas students, and every approved course, appears on CRICOS.
What does the ESOS Act require before a provider recruits overseas students?
Registration comes first: an institution enrols and teaches students on a student visa only once it is registered on CRICOS. The Department of Education states that registered providers meet the requirements of the ESOS Act and the National Code of Practice for Providers of Education and Training to Overseas Students 2018, the National Code.
Which regulator oversees your institution?
The ESOS agency depends on the sector: TEQSA for higher education providers, ASQA for National VET Regulator registered training organisations, and the Secretary of the Department of Education for schools. TEQSA is also the ESOS agency for all Foundation Programs and for English Language Intensive Courses for Overseas Students (ELICOS) delivered by, or under an entry arrangement with, a higher education provider. For those providers, TEQSA assesses CRICOS applications and changes to registration, and monitors compliance with the whole ESOS framework. TEQSA describes itself as Australia's independent national quality assurance and regulatory agency for higher education, and it evaluates providers against the Higher Education Standards Framework (Threshold Standards) 2021, the minimum standards a provider meets to stay registered.
What does TEQSA expect from a higher education provider's marketing?
Section 7.1 of the Higher Education Standards Framework requires that representation of the provider, its educational offerings and its charges, made directly or through agents or other parties, is accurate and not misleading. Courses are not described as accredited, by TEQSA or by a professional body, until that accreditation exists. Representations about course outcomes, entry to further study, employment outcomes or possible migration outcomes, expressed or implied, are not false or misleading. Agents and other parties who represent the provider work under formal contracts, the provider monitors their performance, and it takes prompt corrective action when misrepresentation or unethical conduct occurs or looks likely. TEQSA's commentary on Domain 7 names marketing materials and claims about career outcomes as its main interest, and it expects controls over how third-party websites represent the provider's courses.
What has changed in the ESOS framework since 2025?
Three recent changes bear on recruitment marketing: new definitions for education agents and their commissions, a ban on commissions for onshore transfers, and a longer transfer restriction period. The Department of Education's page on changes to the legislative framework records that the Education Legislation Amendment (Integrity and Other Measures) Act 2025 replaced the definition of "agent" with "education agent" and introduced "education agent commissions". In January 2026 the National Code banned education agent commissions for recruiting overseas students who have already started studying with another provider, except where the student was accepted on or before 31 March 2026. On 2 October 2026 the transfer restriction period for non-school students was extended from 6 to 12 months, until 30 June 2027.
General guidance, not legal advice.
What the Rules Mean for Your Marketing and SEO Copy
Every course page, landing page, social post, ad and agent brochure that offers a course to overseas students or invites them to apply carries Standard 1 of the National Code, and for higher education providers Section 7.1 of the Higher Education Standards Framework as well. The table matches common claim types in student recruitment search copy to the rule behind each one. The Australian Consumer Law guide covers misleading claims more broadly.
| Claim type | What the rule says | What to check | Source |
|---|---|---|---|
| Course and service claims | Marketing and promotion of courses and education services to overseas students, including through education agents, is not false or misleading and stays consistent with the Australian Consumer Law | Every claim on course, campus and scholarship pages matches the facts your institution holds | National Code, Standard 1 |
| CRICOS name and number | Written or online material that offers a course to overseas students, invites them to apply or says the provider accepts them includes the CRICOS registered name and registration number | Page footers, course pages, PDFs, social profiles, paid ads that link to course pages, and agent materials | National Code, Standard 1 |
| Migration outcomes | The provider claims no commitment to secure a migration outcome from any course | Headlines, meta descriptions, "pathway" pages and question-and-answer blocks | National Code, Standard 1; HESF 7.1 |
| Assessment results | The provider guarantees no successful education assessment outcome | Guaranteed assessment-result claims, such as "guaranteed pass", including in agent posts; entry and pathway claims checked against your institution's documented eligibility conditions and arrangements | National Code, Standard 1 |
| Employment and further study outcomes | Expressed or implied representations about employment outcomes or entry to further study are not false or misleading | Graduate outcome figures, "job-ready" claims and alumni stories | HESF 7.1 |
| Accreditation | A course is not described as accredited, by TEQSA or a professional body, before accreditation is obtained | New course pages, "professionally accredited" badges and comparison tables | HESF 7.1 |
| Partners, prerequisites and work-based training | No false or misleading information on delivery partners, required work-based training, or entry prerequisites, English language proficiency included | Pathway, partner and entry requirements pages | National Code, Standard 1 |
| Pre-enrolment course facts | Before accepting a student, the provider makes current, plain English information available, including the CRICOS course code, course content, duration, campus locations and indicative tuition and non-tuition fees | Course pages carry the CRICOS course code, current fees and the fee change and refund policy | National Code, Standard 2 |
| Transfer recruitment | The provider does not actively recruit a student where that conflicts with the overseas student transfer rules | Campaigns and retargeting aimed at students already enrolled with another provider | National Code, Standards 1 and 7 |
| "University" in names and domains | Using "university" in a business or company name requires the Minister's consent; a new .au domain containing "university" or the letters "uni" also requires approval, except where "uni" is part of a longer word such as "community" or "junior" | Brand names, campaign microsites and new domains | Department of Education, use of the word "university" |
Sources: Federal Register of Legislation, National Code of Practice for Providers of Education and Training to Overseas Students 2018 (compilation of 21 January 2026; the Department of Education records a further amendment on 2 October 2026 to the transfer restriction period) and Higher Education Standards Framework (Threshold Standards) 2021 (compilation of 14 July 2026); Department of Education, Guidelines for the use of the word "university". All checked 24 October 2026.
Where does the CRICOS name and number appear?
The CRICOS registered name and registration number appear in any written or online material your institution disseminates or makes public to offer a course to overseas students, invite an application or show it accepts overseas students.
How do course pages handle migration and employment outcomes?
Course pages make no claim to secure a migration outcome and guarantee no education assessment result, as the National Code requires, and every other outcome claim, stated or implied, is accurate and not misleading under the Higher Education Standards Framework. Employment outcomes and eligibility for further study fall under that accuracy standard, not under a blanket ban: a pathway or articulation claim matches the eligibility conditions your institution documents. A "pathway to permanent residency" headline is a representation about a possible migration outcome even without the word "guarantee". A graduate employment figure carries its source, its date and the cohort it describes, all held on your institution's file.
What are the rules on the word "university"?
Only registered higher education providers offer Australian higher education qualifications, and anyone using "university" in a business, company or domain name applies to the Minister for consent first, whether or not it offers courses. Section 204A of the TEQSA Act covers Australian domain names. Since 24 April 2021, a new .au domain name containing "university", or the letters "uni" outside a longer word such as "community", needs the Minister's approval, and an unapproved domain name faces suspension or cancellation. The Department of Education lists the guidelines and application forms on its use of the word "university" page, and it charges no fee.
General guidance, not legal advice.
What the Rules Mean for AI Answers and AI-Generated Content
The rules attach to the provider and its representations, so copy drafted with an AI tool carries the same obligations as copy written by your team, your agency or your education agents once your institution publishes it or an agent uses it. Section 7.1 of the Higher Education Standards Framework covers representation made directly or through agents or other parties, and the National Code holds the registered provider responsible at all times for compliance with the ESOS Act and the National Code, including in its written agreements with education agents.
Is copy drafted with an AI tool held to a different standard?
No: an AI-drafted course page meets the same tests as any other draft, because neither the National Code nor the Higher Education Standards Framework distinguishes how a representation was written. The practical checks stay the same for every draft: the CRICOS name and number, the CRICOS course code, current fees, no migration promise, no guaranteed assessment result and outcome figures backed by a source your institution holds.
Do education agents' posts and AI-written materials count?
Yes: when an education agent formally represents your institution, the National Code makes the provider responsible for monitoring that agent and ensuring the agent gives students accurate and up-to-date information. The provider's written agreement with each agent sets out its monitoring process and the corrective action it takes. When the provider becomes aware, or has reason to believe, that an education agent is engaging in false or misleading recruitment practices, it immediately terminates its relationship with the agent, or requires the agent to terminate its relationship with the employee or subcontractor involved. An agent's AI-generated social post that promises a visa outcome is the agent's recruitment practice and sits inside those obligations.
What do AI assistants repeat about an Australian institution?
In Aemorph's working model, ChatGPT, Claude, Gemini and Perplexity describe an institution from the public sources they find, your own course pages and profiles among them, so an outdated fee, a missing CRICOS code or an unsupported outcome claim on your site becomes material for their answers. The fix sits at the source, on the pages and profiles you control, and in the materials your agents publish. The free Hallucination Report compares what the AI engines say about your business with what your website currently says, and flags where they conflict.
General guidance, not legal advice.
How Aemorph Checks Education Claims Before Publication
Aemorph uses student, parent and alumni testimonials only where the law permits, and your nominated point of contact signs off every public claim, the CRICOS name and number included, before Aemorph publishes it. Aemorph is not a law firm. It does not review your copy against the ESOS Act, the National Code or the Higher Education Standards Framework, and it does not confirm that any material complies: as the registered provider, your institution holds those obligations.
| Check | Applies to | Standard | Checked against | When |
|---|---|---|---|---|
| CRICOS registered name, number and course codes | Every CRICOS-registered provider | Supplied and confirmed by your institution | Your point of contact's sign-off | Before publication |
| Course outcome, migration and assessment claims | Every page aimed at overseas students | No guaranteed outcomes | Your point of contact's sign-off | Before publication |
| Testimonials from students, parents and alumni | Every education provider | Used only where the law permits | Your point of contact's sign-off | Before publication |
| Showstopper answers and other public claims | Every education provider | Approved by the person your institution nominates | Your point of contact's sign-off | Before Aemorph publishes |
Source: Aemorph compliance practice, October 2026.
Who signs off the claims on your pages?
You decide who signs off: the business owner, the chief marketing officer, the admissions lead or the risk team. Aemorph publishes a public claim only after that person approves it, and the facts in your verified record are the facts your institution supplies and approves. Inside the Showstopper Sensor (Sprint 1), a 30-day showstopper-answer sprint for ChatGPT, Claude, Gemini and Perplexity, the same sign-off covers the showstopper answers before they go live.
General guidance, not legal advice.
Universities and Colleges: Start With a Free Strategic Conversation
Universities, colleges and private higher education providers that want search and AI visibility built on claims their own reviewers have approved start with a free strategic conversation with Aemorph. Aemorph is headquartered in Singapore, serves Australian clients remotely in Australian business hours and replies to every message within 24 hours. The higher education page sets out how Aemorph runs SEO, AEO and GEO for Australian universities, colleges, private higher education providers and international schools.
Disclaimer: This article reflects Aemorph's reading and understanding of the laws, regulations and official guidance cited, based on the sources and review dates stated. It provides general information, not legal advice, and does not assess compliance for your specific circumstances.