Provider obligation period

You must fulfil your default obligations to an overseas student within 14 days of the original default day, which is the provider obligation period. The “default day” for a provider default is the day the provider ceased providing the course to its current studying students, or the day the provider failed to start providing the course on the agreed starting day to its intending students.

Meeting your obligations within this period is a statutory requirement under section 46E of the ESOS Act. Failure to do so is an offence, and can attract a significant penalty. This offence applies even if you are no longer a registered provider.

Defences for delays—for example, waiting for the student to ‘get in touch’ or ‘submit a particular form’—do not apply in situations of provider default.

Following a default, it is important that you have written evidence of any agreements made with the student as a result of your provider obligations.