Student Rights and Responsibilities

The Institute (referred to here after as the Institute) only makes available refunds under certain conditions. Should you wish to cancel your course and seek a refund the following conditions apply.

• The request must be made in writing on a Refund Application Form which can be obtained from the Student Support Officer. The completed form should be submitted to the Student Support Officer. To assist the Institute, you must clearly state the reasons for the refund request and supporting documentation must be supplied where required.
• Where the Institute is advised of your cancellation in writing 28 days or more prior to your course commencement date, tuition, paid to the college are refunded in full within 28 days less application fees and/or $350 enrolment acceptance fee.
• Where the Institute is advised of your cancellation in writing less than 14 days prior to your course commencement date, 50% of tuition fees are refunded within 28 days less application fees and/or $350 enrolment acceptance fee.
• Where you fail to commence a course within one week after the course commencement date your agent will be notified, your CoE will be cancelled and your first 50% of fees will be paid to the Institute as well as the application fee and/or $350 enrolment acceptance fees and $500.00 materials fee.
• Tuition fees that are paid in advance are refunded in full within 28 days when your Student Visa Application is rejected in writing by The Department of Home Affairs before your course start date. You will be refunded in full less application fees and/or $350 enrolment acceptance fee.
• Where there are exceptional circumstances beyond your control such as illness or bereavement, application for an exceptional circumstance refund for illness or bereavement must be supported by certified documents such as a Doctor’s certificate and/or other relevant documents verifying the situation. Decisions regarding exceptional circumstances refunds are at the discretion of the Chief Executive Officer. Please note that this does not apply where the Australian Government has cancelled a visa as a result of a breach of visa conditions or rejected a renewal of a visa.
• Where the course starts on the agreed start date and you commence the course on this date but later seek to cancel your enrolment, you may only cancel your enrolment at the end of a term. Where you seek to cancel your enrolment mid-way through a term, the entire term must be paid for in full.
• Where your enrolment is cancelled as a result of academic misconduct, misbehavior, or the exhaustion of the intervention strategy, no refund will be provided for material fee, application fee and/or enrolment acceptance fee, and course fee for the term yet to commence.
• Where your enrolment is cancelled because the Australian Government has cancelled a visa as a result of a breach of visa conditions or rejected a renewal of a visa, no refund will be provided for material fee, application fee and/or enrolment acceptance fee, and course fee for the term yet to commence.
• Your notice of cancellation is not effective until the Institute receives a completed Refund Application Form with supporting evidence.
• Where a refund is applicable, the refund will be made within four weeks of receiving a completed Refund Request Form.
• Where tuition fees are paid as a deposit and in advance of enrolment, and a student visa is subsequently not approved by the Department of Home Affairs, a refund shall be paid less the $350.00 enrolment fee. The funds shall be directly refunded to the student’s nominated bank account on the first instance.
  
  • Where the student’s nominated bank account does not accept Australian currency or have an AUD corresponding bank, the student will have the option of providing a signed letter of authority, permitting the Institute to transfer the funds to the authorised education agent
  • The agent must have been appointed by the Institute under agreement and be responsible for managing the student’s application, to receive the funds on their behalf
  • The Institute shall not be responsible for refunded fees paid to the authorised education agent, once instructed and authorised by the student
• Fees are not transferable to another student or institution but may be transferred to another course within the Institute at the discretion of the Chief Executive Officer.
• All approved refunds are made payable to and sent to the student in Australian dollars. A refund calculation explanation as to how the refund was calculated will accompany the student refund payment.
• Bank charges may be deducted for refunds made by bank draft or electronic transfer.
• All refund considerations will be strictly limited to the total of monies which the Institute has actually received. The refund calculation will not include:
  • Any application fees and/or enrolment acceptance fees charges by the Institute
  • OSHC expenses
  • Expenses for travel
  • Bank charges
  • Accommodation expenses
  • Personal expenses including personal insurances
  • Proportion of course money received for the proportion of the course provided to the student before the default date
• If a student’s transfer to another provider is approved, the student is subject to the normal refund policy conditions.

This refund and cancellation policy above is summarised in the table below::

Refunds in situations of Provider Default are covered by the provisions of the ESOS Act 2000 and ESOS Regulations 2001 and the ESOS Amendment (Re-registration of Providers and Other Measures) Act 2010.

If the Institute:

• does not offer a course on the advertised start date
• terminates a course after the course start date or before the course completion date
• does not provide a course as advertised due to sanctions by any authority or
• does not provide a course in full

the Institute will pay a full refund which equals the total of the course money the Institute received in respect of the student before the default day, plus the application fee or arrange for placement with an alternative provider. Such refunds will be made within two weeks following the default date.

As a member of the Federal Government’s Tuition Protection Scheme, if the Institute is unable to fulfil its obligation to complete a course, the student will be offered a no cost enrolment with another provider.

Note: Students not satisfied with the calculated refund may use the Institute's Complaints and Appeals procedure and ask for an independent third party to review the calculations..

This agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection laws.

• Queensland (QLD) - https://www.qld.gov.au/law/fair-trading/
• New South Wales (NSW)- http://www.fairtrading.nsw.gov.au/
• Victoria (VIC) - https://www.consumer.vic.gov.au/

In the unlikely event that the Institute is unable to deliver the course in full, the student will be offered a refund of all the course money they have paid to date.

If a student chooses placement in another course, the Institute will ask him/her to sign a document to indicate that s/he accepts the placement. If the Institute is unable to provide a refund or place the student in an alternative course, our Tuition Protection Scheme (TPS) will place you in a suitable alternative course at no extra cost to you.

Students are encouraged initially to attempt to resolve a grievance informally by talking directly with the person concerned to resolve the problem.

Finally, if TPS cannot place the student in a suitable alternative course, the ESOS Assurance Fund Manager will attempt to place him/her in a suitable alternative course or, if this is not possible, s/he will be eligible for a refund as calculated by the Fund Manager.

For more information please visit: https://tps.gov.au/StaticContent/Get/StudentInformation

The ESOS framework protects your rights, including:

• Your right to receive, before enrolling, current and accurate information about the courses, fees, modes of study and other information from your provider and your provider’s agent. If you are under 18,to ensure your safety, you will be granted a visa only if there are arrangements in place for your accommodation, support and welfare.
• Your right to sign a written agreement with your provider before or as you pay fees, setting out the services to be provided, fees payable and information about refunds of course money. You should keep a copy of your written agreement.
• Your right to get the education you paid for. The ESOS framework includes consumer protection that will allow you to receive are fund or to be placed in another course if your provider is unable to teach your course.

The ESOS framework sets out the standards Australian education providers offering education services to overseas students must obey. These standards cover a range of information you have a right to know and services that must be offered, including:

• Orientation and access to support services to help you study and adjust to life in Australia
• Who the contact officer or officers is for overseas students
• If you can apply for course credit
• When your enrolment can be deferred, suspended or cancelled
• What your provider’s requirements are for satisfactory progress in the courses you study and
• What support is available if you are not progressing well
• If attendance will be monitored for your course, and
• A complaints and appeals process.

One of the standards does not allow another education provider to enrol a student who wants to transfer to another course, but has not completed six months of the final course of study you plan to undertake in Australia. If you want to transfer beforehand you need your provider’s permission.

As an overseas student on a student visa, you have responsibilities to:

• Satisfy your student visa conditions
• Maintain your Overseas Student Health Cover (OSHC) for the period of your stay
• If you can apply for course credit
• When your enrolment can be deferred, suspended or cancelled
• What your provider’s requirements are for satisfactory progress in the courses you study and
• Meet the terms of the written agreement with your education provider
• Inform your provider if you change your address, update contact information when you change it.
• Maintain satisfactory course progress
• If attendance is recorded for your course, follow your provider’s attendance policy, and
• If you are under 18, maintain your approved accommodation, support and general welfare arrangements.

Additional information on student visa issues is available on the Department of Home Affairs Internet site at www.homeaffairs.gov.au including the Country Assessment Levels.

For any questions about this policy or to talk to a Student Support Officer please Contact Us. Our goal is to ensure you have the best possible experience with us.