13 July 2026
What?
TEQSA and ASQA are aware of concerns that some advertising by registered providers appears inconsistent with the intent of the ban on the payment of education agent commissions in relation to onshore transfers.
Both agencies view any attempts by providers or education agents to bypass this restriction as unacceptable and providers who are not adequately managing these risks or not meeting the relevant Standards may be subject to a compliance assessment and/or regulatory action.
Why?
The ban is intended to remove incentives for unscrupulous education agents to facilitate unnecessary onshore transfers that may not be in a student’s best interests. It is an important integrity measure that supports quality and transparency in the international education sector and helps protect Australia’s reputation for high-quality education.
Our concerns
TEQSA and ASQA are concerned about:
- referral, recruitment or incentive arrangements that preserve commission-based behaviour
- business practices that encourage and facilitate unnecessary transfers of students from other providers
- providers lacking robust oversight of the performance and behaviour of education agents
- providers failing to declare their arrangements with third parties facilitating student transfers
- improper management of data around agent activities and student enrolment, including inaccurate or delayed reporting
- weak governance, controls, monitoring or recordkeeping practices around recruitment and student enrolment
- providers with poor risk management practices in respect of accepting higher risk students who have transferred from another provider and do not appear to be academically prepared for their new course.
Our expectations
TEQSA and ASQA expect providers to take active steps to ensure their arrangements, practices and controls are consistent with the new definition of ‘education agent’ and with the ban on the payment of education agent commissions in relation to onshore overseas student transfers.
TEQSA and ASQA expect providers:
- not pay, offer or facilitate commissions connected to onshore overseas student transfers
- review agreements, incentives and referral arrangements with education agents and third parties
- closely monitor advertising and recruitment practices to ensure they are not promoting transfer activity in a way that circumvents the restriction on the payment of agent commissions
- ensure that all parties facilitating onshore transfers are transparent in their dealings with students
- exercise effective governance oversight so boards and senior management are accountable, and that risks are understood and managed effectively
- have robust admissions processes in place that ensure decisions to accept students transferring are in students’ best interests, and that the student has sufficient qualifications to enter the course
- be able to demonstrate compliance with the ESOS Framework through clear policies, controls, assurance and recordkeeping.
It is therefore a priority that all higher education and VET providers, and their governing bodies, focus on these issues as a priority.
Relevant standards for providers
In delivering courses to overseas students, the following legislative frameworks apply to higher education providers:
The following legislative frameworks apply to VET providers:
Undertaking a check
Providers need to be able to demonstrate, through robust governance oversight, that their arrangements, practices and controls are consistent with the recent changes to the National Code preventing the payment of education agent commissions in relation to onshore overseas student transfers.
In support of this, TEQSA and ASQA expect all providers to undertake a check of their current processes and practices. This may include, but is not limited to:
- review your agreements, incentives and referral arrangements with education agents and other third parties
- check what your education agents and third parties are promoting in the market, including advertising relating to onshore transfers, and ensure these arrangements are subject to robust oversight
- review admissions, recruitment and transfer practices to ensure they do not facilitate or encourage conduct that circumvents the ban
- ensure decision-making about overseas student transfers is consistent with students’ best interests and the intent of the legislation
- ensure your academic, corporate and governing boards are aware of these risks and the controls in place to manage them
- be able to demonstrate compliance through clear policies, monitoring, assurance and recordkeeping.
Providers who are not adequately managing these risks or not meeting the relevant Standards may be subject to a compliance assessment and/or regulatory action.
TEQSA and ASQA will rely on having communicated this sector alert with an expectation that providers will take action as outlined above in any subsequent compliance assessment or regulatory action that is undertaken.
Raising concerns
TEQSA and ASQA take concerns raised about the quality of student outcomes and experiences seriously. You can report a concern:
Related resources
All providers
Mary Russell
Chief Executive Officer
Tertiary Education Quality and Standards Agency
Saxon Rice
Chief Executive Officer
Australian Skills Quality Authority
TEQSA's approach to sector engagement