Agreement · Education Law
Written agreement with an overseas student (National Code Standard 3)
A clause skeleton for the written agreement an ESOS provider must have with an overseas student before, or when, it accepts course money: course, fees, refunds, complaints and the privacy and consumer-law statements Standard 3 and the ESOS Act require.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- Australia, Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 4 authorities it cites, for Australia and Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a provider registered under the Education Services for Overseas Students Act 2000 is enrolling an overseas student or an intending overseas student. One agreement may cover consecutive courses with the same provider if the terms are the same. Do not use it for a domestic student.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may fill the course, campus, mode and fee fields from the provider's confirmed offer. The lawyer checks the refund, complaints and under-18 clauses against the current National Code before the agreement is issued.
AI may
- Populate course name, start date, location, mode and the fee table from the provider's approved offer
- Check the draft against the content list on the ASQA written-agreements page and list any missing heading
- Flag a link that carries an obligation rather than supplementary material
AI must not
- Must not set a refund rule the provider has not approved
- Must not state that more than 50 per cent of tuition fees may be collected before the course starts unless the ESOS Act permits it on these facts
- Must not send the agreement to the student
The lawyer checks
- The agreement is signed or otherwise accepted by the student, or by a parent or legal guardian if the student is under 18, before or at the same time as course money is accepted
- Every Standard 3 item on the ASQA list is in the agreement itself, in plain English, and not only behind a link
- Records of the agreement and receipts will be kept for at least two years after the student ceases to be an accepted student
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Education Law · Tasks and AI use in this area