Complaints and Appeals Process
- The full Complaints and Appeals policy is available from the The College website.
- If the applicant (or student) is dissatisfied with any decision made by The College or our education agents or any other person providing a service arranged by The College, then you may file a complaint against that decision at any time. This includes fee demands and refunds given, if any. The College will start assessing your complaint within 10 days and respond back to you as soon as practicable. You are welcome to bring a friend to any meetings and a response will be provided in writing.
- If you are not satisfied with the decision, you may appeal the decision for it to be reviewed (internal appeal). The internal appeal procedure allows for an objective review of the decision made. If you are still not happy then you can apply for an external appeal to be heard by an independent body – Overseas Students Ombudsman. The College will immediately follow the external appeal decision.
- This written agreement, and the right to make complaints and seek appeals of decisions and action under various processes, does not affect the rights of the student to take action under the Australian Consumer Law if the Australian Consumer Law applies.
Deferment, Suspension or Cancellation
The full Deferment, Suspension and Cancellation policy is available on the website or can be requested from The College Administration.
College Initiated Deferral, Suspension or Cancellation of Enrolment
The College may defer a student’s commencement on the following grounds:
- When a course is not offered.
- When there are compassionate or compelling circumstances (evidence may be required)
The College may suspend a student’s enrolment in the following instances:
- When a student is deemed to be in breach of the Student Code of Conduct (Misbehaviour by the student).
- When a student is deemed not making satisfactory course progress and fails to comply with the requirements of the Course Progress Intervention Plan.
- Non-payment of outstanding fees.
The College may cancel a student enrolment on the following instances:
- When a student demonstrates serious breach of the Student Code of Conduct (Misbehaviour by the student).
- When a student is in breach of the Course Progress Policy.
- When a student is in breach of the Attendance Monitoring Policy.
- Non-payment of outstanding fees.
The suspension or cancellation of the overseas student’s enrolment will not take effect until the internal appeals process is completed, unless the overseas student’s health or wellbeing, or the wellbeing of others, is likely to be at risk.
- In cases where suspension or cancellation of the student’s enrolment is initiated by The College, the student will be notified in writing (explaining the reasons for doing so) and given 20 working days to access The College’s Complaints and Appeals Policy and Procedure.
- There will be no change in enrolment status and the student will not be reported to DoHA until the appeals process is completed.
- Once the deferral, suspension or cancellation is processed, The College will notify DoHA via PRISMS.
- The College will contact the agent & student directly and inform senior management if a student defaults from the starting the course within 5 business days from CoE commencement date.
- The College will report to DoHA via PRISMS if the student has not stated the course within 14 days.
Student-Initiated Deferral, Suspension, Cancellation of Enrolment
Students may initiate the deferral, suspension and cancellation of enrolment, including granting of a leave of absence during the course through formal agreement on the following limited circumstances:
On the grounds of compassionate or compelling circumstances, conditions which are beyond the control of the student which may impact on the student’s course progress or wellbeing. These include, but are not limited to:
- Where students do not receive their visa in time to arrive at The College to commence study.
- Serious illness or injury – where a medical certificate states the student was unable to attend classes.
- Bereavement of close family members
- Major political upheaval or natural disaster in home country requiring emergency travel and this has impacted on the student’s studies.
- A traumatic experience i.e., involvement in or witness a serious crime or accident and has impact on the student
- Where the Registered provider was unable to offer a pre-requisite unit/course.
- Other reasons may be considered but must have compelling documentary evidence to support the request.
- Unavailability of a course
It should be noted that deferring to go home to be married or attend the wedding of a family member is not normally considered to be compassionate or compelling circumstances which is beyond the control of the student. This could be organised in such a way that the schedule does not conflict with the student’s course timetable (e.g., on student’s holiday break).
Seeking advice from immigration
In any deferral, suspension or cancellation action taken under this policy, The College will:
- Other reasons may be considered but must have compelling documentary evidence to support the request.
- Unavailability of a course
Student Appeal Rights
Where a decision is made by The College, the student always has the right to appeal this decision using the appeals processes as outlined in The College’s Complaints and Appeal Process. This will always be clearly communicated to the student with the notification of the decision.
Fees
The student is liable for ALL the fees set out on the fees table of this agreement. The amount recorded in “Total Payable Now” must accompany this agreement for it to be effective. The balance will be due based on an invoice issued by The College and will be for the following period (term or semester dependent upon the course). The invoice will be issued and must be paid prior to the student commencing studies. Failure to pay will result in students being suspended from class. If the student decides to leave The College prior to completion, then the whole of the outstanding fees for the current qualification being studied immediately become due and any concessionary payment plans that may have been entered into are cancelled.
The College will not grant a letter of release in these cases until they have been paid. The College reserves the right to refer the balance owing to a debt collection agency in the event of non-payment. If fees have already been paid, then refunds will be in accordance with the refund policy.
Refund Policy
The full Refund Policy is available on the website or can be requested from The College Administration. The Refund Application Situation and Refund Calculation Table is found in the table below.
Policy
- The College will provide appropriate handling/management of student’s payments and facilitate refunds in the case of cancellation/retracement by either party. The refunds process will allow students the option to disengage from application/learning in a manner which a negative impact may be negated or reduced, depending upon notification timeframe.
- Unless otherwise stated, all refunds of fees will only be granted in accordance with this policy. The terms and conditions of this policy apply to all students, whether they are waiting to commence or are continuing studies.
- Details concerning the scope of the Refund Policy will be clearly disseminated to prospective students prior to contractual arrangements being made. This dissemination is via the Website, Student Handbook, Letter of Offer and Student Agreement. The Student Agreement, and the availability of complaints and appeals policy/processes, does not remove the right of the student to take action under Australia’s consumer protection laws.
- The refund process reflects the commitment by The College to hold places as booked by students and the amount of administrative resources consumed at the various stages.
- The date the written application is received by The College is the default date, and is the date used for the calculation of any refund and/or cancellation.
- Refunds must be requested in writing by the student completing and submitting a refund application form to the finance department of The College. Verbal notification to The College staff or agents is not valid.
- The fees paid for the course money by way of bank deposits in The College’s bank account must be cleared at the time that an application for refund is made by the student and any debts owing to The College will be deducted from the refund due prior to payment.
- Refund application will not be processed where the signature on the refund application form does not match the student’s signature as shown on other documents provided by the student for admission to The College.
- The finance department of The College will process refund requests and if approved, arrange payment within 28 days.
- Refunds will be paid in Australian dollars into the nominated bank account (less international transfer/conversion fees if applicable)
- To allow prompt settlement of refund requests, all advanced payments will be held in a nominated bank account by The College until the course start date.
- The term “commencement” in this policy refers to the first day of the first course attended by the student.
- The College only accepts responsibility for fees and charges associated with the cost of enrolling in and studying with The College. No accountability will be taken for fees or charges associated with third parties (international education agent or migration agent fees or visa application costs or partnered service providers). Such fees and charges will be subject to the third parties refund policies.
- Students enrolled in packaged courses do not qualify for a full refund once they commence their studies in Australia. Minimum $500 is non-refundable.
- No refunds applicable for refunds requested more than 180 days from the specified commencement day.
- If the student has given misleading information to The College’s approved agent, The College and/or any commonwealth agencies of Australia, no refund will be given.
- The College can forward the refund to the applicant in their country of origin unless otherwise authorised in writing.
- No refunds will be paid to a third party (person other than the student), unless directed by the student in writing and signed.
- In case of a cancellation of eCoE by the student or The College, any outstanding fees to The College become immediately due.
- Any costs incurred by The College to recuperate outstanding fees will be charged to the student.
- Unpaid fees will be recorded as a debt and recovered by action in a court of competent jurisdiction. The College reserves the right to refer the balance owing to any debt collection agency or credit reporting bodies in the event of non-payment, for all purposes permitted by law.
- The College will not release any testamurs/awards/certificates to students until outstanding course fees have been paid in full.
- The College will provide the student in writing the resulting decision of The College’s management.
- The College will advise the student of their right to appeal the decision of The College management.
- The refund policy is subject to review at least once per year. Should it become necessary to change/update this policy, then The College will update the policy on its website, handbook and written agreement
Refund Procedure
- The process is started by the student completing and submitting a refund application form.
- The applicant is recommended to provide supporting evidence.
- The form will be reviewed for completeness. Date received and by whom is entered on the form.
- The form is assessed by finance to review current payment status and amounts owing / in credit are recorded.
- The student file is checked together with the student management system to confirm the details and to calculate refund based on the eligibility of this Refund Policy.
- The Finance Department will process the refund application (in accordance with this Refund Policy) and make a recommendation to the PEO
- The PEO will read the recommendation and make a final decision based on this Refund Policy
- The student will be notified the refund application outcome and applicable refund will be processed within 28 days of the application.
- All documentation relating to a refund (whether granted or not) will be filed in the student file.