Suspension of ESOS registration 28 August 2024

Provider: Kontea Pty Ltd

Suspension of ESOS registration

Report on the suspension of the ESOS registration of Kontea Pty Ltd

On 28 August 2024 a delegate of TEQSA suspended the registration of Kontea Pty Ltd under section 83(3)(b) of the Education Services for Overseas Students Act 2000 (ESOS Act).

  • The suspension is effective immediately
  • Under section 95 of the ESOS Act Kontea must not:
    • do anything for the purpose of recruiting or enrolling overseas students for any course at any location; or
    • solicit or accept any money from an overseas student or an intending overseas student for any course at any location; or
    • if an accepted student has not begun a course - permit the student to begin any course at any location.
  • TEQSA has decided that for the whole period of the suspension that paragraph (b) does not apply to Kontea Pty Ltd in relation to overseas students that have already started their course.

Main reasons for the decision

TEQSA made this decision based on concerns regarding Kontea Pty Ltd.'s financial viability and corporate governance.

In particular, TEQSA is concerned Kontea:

  • did not meet its obligations under section 29(3) of the ESOS Act to ensure that, at all times, there is a sufficient amount to repay all tuition fees to every overseas student or intending overseas student
  • based on its non-payment of the Registered Higher Education Provider (RHEP) charge imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021, may not meet the registration requirements of the ESOS Act, considering paragraph 11(h) of that Act
  • has shown there are issues with its financial viability and governance
  • lacks the financial capacity to address the non-compliance
  • has not provided credible evidence to show it is currently ableto meet its obligations under section 29(3).

Right of review

The decision to impose a condition on CRICOS registration is a reviewable decision under Part 7A of the ESOS Act. Kontea Pty Ltd may apply to the Administrative Appeals Tribunal (AAT) for an external review of the decision. Information about making applications to the AAT, including the time limits, contact details and fees payable, is available at http://www.aat.gov.au/applying-for-a-review.