What this determination covers
The federal government has registered a new legislative instrument titled the Education Services for Overseas Students (ESOS Agency - ELICOS and Foundation Programs) Determination 2026. The determination sets out which government agency is responsible for regulating providers of ELICOS (English Language Intensive Courses for Overseas Students) and Foundation Programs that enrol overseas students.
Enabling legislation and administration
The determination is made under the Education Services for Overseas Students Act 2000 and is administered by the Department of Education.
Registration and commencement
The determination was registered on 28 September 2026. It replaces the previous 2016 version of the same determination, which is repealed by this instrument.
What has changed
The source does not specify what, if anything, has changed from the 2016 version beyond the repeal and replacement itself.
Key actions
- Providers running an ELICOS or Foundation Program that enrols overseas students can check the full text of the new determination at https://www.legislation.gov.au/F2026L01317 to confirm which agency now has oversight of their program.
- Providers registered or accredited under the 2016 determination can confirm with the Department of Education whether any re-registration or updated compliance steps are required - the source does not specify this.
This is a plain-English summary for information only, not legal or compliance advice. Always check the official source or consult a qualified professional.