ESOS Tuition Protection Service (TPS) levy
CRICOS-registered providers must contribute to Tuition Protection Service annually.
Who must comply
Every non-exempt provider registered on CRICOS to deliver courses to international students on student visas. Universities, TAFEs and government schools are exempt from the requirement to hold pre-paid tuition fees in a designated account.
What triggers it
Applying for CRICOS registration (the initial levy must be paid before registration commences), and being registered on 1 January of each levy year.
When due
Annually. For the 2026 levy: early advice notice and Request for Information sent 3 February 2026, RFI due 3 March, invoice issued 10 March and payment due 10 April 2026. Student contact details must be confirmed in writing every six months.
Evidence required
RFI response with domestic enrolments and international income; levy invoice and payment record; current PEO and eBusiness contacts in PRISMS (levy notices are sent there); designated account holding pre-paid tuition fees; written agreements setting out fees, refund processes and the role of the TPS; student records kept for two years after a student ceases study.
Max penalty
CRICOS registration does not commence until the initial TPS levy is paid, and the levy must then be paid annually alongside CRICOS registration fees. A provider that defaults and fails to place students or refund unspent tuition fees breaches its obligations under the ESOS Act; statutory penalty amounts were not restated here.
Who must comply with this? The applicability test by industry, business structure and size.
Summary
The Tuition Protection Service, established under the Education Services for Overseas Students Act 2000, protects international students on student visas when their provider defaults by closing, failing to start a course or ceasing to offer it. A defaulting provider is legally obliged either to place affected students with an alternative provider or to refund unspent tuition fees; the TPS steps in where it cannot. The scheme is sector funded: each CRICOS provider pays an annual International TPS Levy calculated under the ESOS (TPS Levies) Act 2012 from its size and risk of default, using PRISMS enrolment data and a Request for Information. Coverage is automatic once a provider is registered on CRICOS and has paid the initial levy, and providers must also hold pre-paid tuition fees in a designated account.
Enforced by
Source legislation
Topics
Related
- CWLTHComply with National Quality Framework (childcare)ECEC services must meet the NQF — assessments + ratings + ratios.
- CWLTHInternational student National Planning Level and provider allocations (2027)New overseas student commencements are managed through a National Planning Level (295,000 for 2027) and per-provider indicative allocations, given effect by a Ministerial Direction on visa processing — not a legislated cap.
Frequently asked questions
- Who must comply with ESOS Tuition Protection Service (TPS) levy?
- Every non-exempt provider registered on CRICOS to deliver courses to international students on student visas. Universities, TAFEs and government schools are exempt from the requirement to hold pre-paid tuition fees in a designated account.
- What triggers ESOS Tuition Protection Service (TPS) levy?
- Applying for CRICOS registration (the initial levy must be paid before registration commences), and being registered on 1 January of each levy year.
- When is ESOS Tuition Protection Service (TPS) levy due?
- Annually. For the 2026 levy: early advice notice and Request for Information sent 3 February 2026, RFI due 3 March, invoice issued 10 March and payment due 10 April 2026. Student contact details must be confirmed in writing every six months.
- What is the maximum penalty for ESOS Tuition Protection Service (TPS) levy?
- CRICOS registration does not commence until the initial TPS levy is paid, and the levy must then be paid annually alongside CRICOS registration fees. A provider that defaults and fails to place students or refund unspent tuition fees breaches its obligations under the ESOS Act; statutory penalty amounts were not restated here.
- What evidence is required for ESOS Tuition Protection Service (TPS) levy?
- RFI response with domestic enrolments and international income; levy invoice and payment record; current PEO and eBusiness contacts in PRISMS (levy notices are sent there); designated account holding pre-paid tuition fees; written agreements setting out fees, refund processes and the role of the TPS; student records kept for two years after a student ceases study.
Source: https://www.education.gov.au/tps/international-providers-tps. Rules Mate is not a law firm. Always verify against the live regulator source before acting.