Official compliance statement
KOI recognises that the commission ban under the amended ESOS framework and National Code 2026 is a significant reform designed to protect the best interests of international students and ensure that transfers are driven by genuine academic need — not financial incentive. KOI fully supports this intent and has taken proactive steps to ensure all internal processes, agent agreements, and admissions practices are aligned with the new requirements.
As part of this commitment, KOI has developed this compliance training program for all registered education agents. Completion of this training is mandatory. KOI will not pay, and agents must not accept, any commission in connection with the transfer of a student from another provider to KOI where such payment is prohibited. Any breach of this requirement will be treated with the utmost seriousness and will result in immediate review of the agent's agreement with KOI.
KOI's compliance team is available to assist agents with any questions regarding the application of these requirements to specific student circumstances. We encourage agents to seek guidance proactively rather than make assumptions about commission eligibility.
Commission eligibility — scenario guide
| # | Scenario | KOI's position | Required safeguards |
|---|---|---|---|
| 1 | Student is studying onshore with Provider A and is referred by an agent to transfer to KOI for a course at the same or different AQF level. The student has not yet completed their principal course. The agent seeks commission from KOI for facilitating this transfer. Direct onshore transfer — commission sought |
Commission is not payable. This is precisely the scenario the Government's commission ban is directed at. KOI will not pay any commission to an agent for referring or facilitating the transfer of a student who has not yet completed their principal course, regardless of the circumstances. This is a firm and non-negotiable position. ✗ Not commissionable |
|
| 2 | Student enrolled at Provider A for a bachelor degree (AQF 7), lawfully transferred to Provider B under Standard 7 at the same AQF level, completed the course in compliance with their Subclass 500 visa. Now applying to KOI for a master degree (AQF 9). AQF 7 → AQF 9 progression |
Commission may be payable subject to KOI's assessment. The student has completed their principal course and is progressing to a higher AQF level. This constitutes a natural academic progression and is not captured by the commission ban. ✓ Commissionable |
|
| 3 | Student enrolled at Provider A for a master degree (AQF 9), lawfully transferred to Provider B for a different master course at AQF 9. Completed in compliance with their Subclass 500 visa. Now applying to KOI for an MBA (AQF 9). AQF 9 → AQF 9 lateral progression |
Commission may be payable subject to KOI's assessment. The student completed a Master-level qualification and is enrolling in another at the same level. This is regarded as a lateral progression within AQF 9 and the student has completed their principal course. ✓ Commissionable |
|
| 4 | Student enrolled for a UG or PG course, transferred to Provider B for a VET qualification (AQF downgrade). Course completed but not consistent with original Subclass 500 visa conditions. Now applying to KOI for a bachelor or master degree. AQF downgrade — visa non-compliant |
Commission is not payable. The student downgraded their AQF level and the completed course was not consistent with their original visa conditions. The student cannot be considered to have completed their principal course under these circumstances. ✗ Not commissionable |
|
| 5 | Student transferred to Provider B for a VET qualification but subsequently obtained a new Subclass 500 VET visa (AQF 5). Completed course in full compliance with the new visa. Now applying to KOI for a bachelor or master degree. New VET visa granted — compliant |
Commission is payable provided KOI is satisfied that the completed course constituted the students principal course associated with the student's current visa. The student obtained a new valid Subclass 500 visa and completed the course in full compliance. The student has completed their principal course lawfully and is progressing to a higher AQF level. The same principle as Scenarios 2 and 3 applies. ✓ Commissionable |
|
| 6 | Student transferred to Provider B but could not complete within the visa period. New visa was refused and student lodged an ART appeal. Course was successfully completed post-refusal. Student is now applying to KOI for a Master of IT. Visa refusal — ART — course completed |
Commission may be payable subject to KOI's assessment. The student successfully completed their principal course and is progressing to a higher AQF level. KOI will assess students circumstances on a case by case basis — this is a natural academic progression and the same principles as Scenarios 2 and 3 apply. The completion of the course is the determinative factor. ✓ Commissionable |
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- whether the course they have commenced is their principal course associated with their student visa, and
- whether the course is set to be complete prior to the new course commencing."
KOI's compliance assurance: In accordance with the above provision, KOI has implemented a proactive compliance framework to take all reasonable steps required under the ban. For every application assessed under the scenarios above, KOI verifies whether the student has commenced study with another provider, confirms whether the course completed is the student's principal course associated with their student visa, and confirms whether that course was completed prior to the new course at KOI commencing. This process is applied consistently across all applications and is documented on each student's file. KOI's position on commission eligibility is based on this assessment and is applied in good faith in accordance with the legislative requirements and the amended National Code 2026.
Disclaimer: These scenarios are for training purposes only and do not constitute legal advice. Commission eligibility will be assessed by KOI on a case by case basis having regard to the students circumstances and applicable legislation.
Training module — ESOS amendment: commission ban
The Australian Government has amended the ESOS framework and National Code 2026 to prohibit education providers from paying commissions to agents for the recruitment of transferring students. This applies where a student is transferring from another registered provider and has not yet completed their principal course.
The ban is directed at removing financial incentives that may lead to students being transferred unnecessarily or not in their best academic or personal interests. Non-compliant providers and agents risk significant regulatory consequences, including suspension of registration, cancellation of agent agreements, and referral to TEQSA.
Under the amended National Code 2026, commission may remain eligible where a student is enrolling in a course that commences after they have completed their principal course. The principal course is the course associated with the student's Subclass 500 visa grant.
Providers are required under the Government's guidance to take reasonable steps to determine: (1) whether the student has commenced study with another provider; (2) whether that course is the student's principal course associated with their visa; and (3) whether that course is set to be complete prior to the new course commencing. KOI applies this three-step assessment to every application.
Where a student has completed their principal course — or a course at the same AQF level through a lawful Standard 7 transfer — and is enrolling in a course at a higher level, the commission ban does not apply to that enrolment.
A transfer within the first six months of a student's principal course may only be facilitated where it meets the requirements of Standard 7 of the National Code. Agents facilitating transfers must ensure:
- The receiving provider has assessed and approved the transfer
- The transfer is genuinely in the best interest of the student
- The student's visa conditions are not breached by the transfer
- All required documentation is provided to KOI at the time of application
Under the amended framework, agents are permitted to charge students a direct service fee for facilitating a transfer. This fee must be clearly disclosed to the student in writing prior to any service being provided, and must not be structured as a disguised commission from KOI or any other provider.
As a registered higher education provider, KOI has obligations under the ESOS framework to monitor and manage its education agents in accordance with the National Code. Under the amended framework, KOI will:
- Maintain a current register of all active agent agreements and compliance training records
- Conduct regular agent performance and compliance reviews
- Provide agents with updated guidance as regulatory and legal advice is received
- Investigate any suspected breach of the commission ban promptly and thoroughly
- Suspend or terminate agent agreements where non-compliance is confirmed
- Report systemic or serious non-compliance to TEQSA where required
Agents are expected to cooperate fully with any compliance review initiated by KOI and to maintain complete and accurate records of all student referrals and transfer facilitation activities.
KOI recognises that the commission ban affects agents' business models. KOI will continue to provide marketing support to agents where such support is genuinely directed at brand promotion and student awareness, and is not contingent on student enrolments or outcomes.
Permissible support may include co-funded seminars, digital content contributions, and participation in agent-operated platforms on a fixed subscription basis where the fee is not linked to individual enrolment outcomes. Any such arrangement must be properly documented, conducted at arms-length, and structured on equal commercial terms. Agents seeking marketing support should contact KOI's marketing team before committing to any arrangement.
Any agent found to have received, solicited, or facilitated a prohibited commission payment — including any arrangement structured to circumvent the ban — will be subject to immediate review. Consequences may include:
- Suspension or permanent termination of the agency agreement with KOI
- Formal reporting to TEQSA or other relevant regulatory bodies
- Recovery of any payments made in breach of the ban
- Legal action where the circumstances warrant
KOI takes its regulatory obligations as a registered provider extremely seriously and expects the same standard from all agents operating on its behalf.
Agent acknowledgement
You acknowledge and agree that compliance with these requirements is a condition of your Education Agent Agreement with King's Own Institute.
Please complete all fields below. Your submission will be recorded by KOI as evidence of completed agent compliance training under the amended ESOS framework and National Code 2026.