“Does the Education Services for Overseas Students Act 2000 apply on Norfolk Island; if not, why not.”

Norfolk Island is administered in accordance with the provision of the Norfolk Island Act 1979, by which the Australian Parliament conferred a measure of self- government on Norfolk Island as a territory under the authority of the Commonwealth. Generally, Commonwealth laws do not apply to Norfolk Island unless expressed to do so.

The Education Services for Overseas Students Act 2000 (ESOS Act 2000) does not apply on Norfolk Island. It is part of a package of legislation (see Attachment A) designed to strengthen the regulatory framework of Australia's education and training export industry. The legislative package provides a basis for the issue of student visas, by requiring that only providers and courses registered on the Commonwealth Register for Institutions and Courses for Overseas Students (CRICOS) can enrol students on student visas, issued by DIMA under the Migration Act 1958. Student visas will only be issued to students enrolled with a CRICOS-registered provider.

The Migration Act 1958 does not extend to Norfolk Island. Entry and residence are controlled by the Norfolk Island Immigration Act 1980. Given these separate frameworks for immigration controls, it would not be appropriate to extend the ESOS Act 2000 to Norfolk Island.

The ESOS Act 2000 also gives effect to the guarantee that if an overseas student comes to Australia and their provider fails, the student will be offered an alternative course or a refund. It is not practicable to extend that guarantee to the External Territories, which have different arrangements for regulating the entry of students and are remote from alternative providers.