Terms and condition

Refund arrangements

If a visa is refused by the Australian Government

Where a prospective student is refused an initial student visa by the Australian Government a full refund of course fees will be made. In order to receive the refund students will have to provide authenticated evidence of the student visa refusal to the college and attach this to a completed refund application form which is available from the College and can be sent by post, fax or email. The refund application must be used to apply for refunds and must be addressed to the CEO of the College.

If the college defaults on delivery of qualifications

In the unlikely event that the College is unable to deliver your course in full, you will be offered a refund of all the course money you have paid to date. The refund will be paid to you within 2 weeks of the day on which the course ceased being provided. Alternatively, you may be offered enrolment in an alternative course by the College at no extra cost to you. You have the right to choose whether you would prefer a full refund of course fees, or to accept a place in another course. If you choose placement in another course, we will ask you to sign a document to indicate that you accept the placement. If the College is unable to provide a refund or place you in an alternative course our Tuition Assurance Scheme (TAS) provided by ACPET will place you in a suitable alternative course at no extra cost to you. Finally, if ACPET cannot place you in a suitable alternative course, the ESOS Assurance Fund Manager will attempt to place you in a suitable alternative course or, if this is not possible, you will be eligible for a refund as calculated by the Fund Manager. In the case of provider default there is no requirement for a student to lodge a refund application form as the College will initiate payment of the refund.

If a student defaults on their written agreement

If students want to withdraw from their course after fees have been paid then refunds will be made in accordance with the written agreement that the student signs with the College. The written agreement will be sent to students who are accepted into a course and will not take effect until it is signed and dated by the applicant and received by the College.

Refund conditions

• Refund applications must be made in writing to the College. The student refund application form, available from the College, may be used as the written application. Written applications for refunds will also be accepted by mail or by email. Refunds will be made within 28 days of receipt of a written application and will include a statement explaining how the refund was calculated.

• In the unlikely event that the College is unable to deliver your course in full, you will be offered a refund of all the course money you have paid to date. The refund will be paid to you within 2 weeks of the day on which the course ceased being provided. Alternatively, you may be offered enrolment in an alternative course by the College at no extra cost to you. You have the right to choose whether you would prefer a full refund of course fees, or to accept a place in another course. If you choose placement in another course, we will ask you to sign a document to indicate that you accept the placement. If the College is unable to provide a refund or place you in an alternative course our Tuition Assurance Scheme (TAS) ACPET will place you in a suitable alternative course at no extra cost to you. Finally, if ACPET can not place you in a suitable alternative course, the ESOS Assurance Fund Manager will attempt to place you in a suitable alternative course or, if this is not possible, you will be eligible for a refund as calculated by the Fund Manager.
• Fees not listed in this refund section are not refundable.
• Prior to a student enrolling fees may be altered without notice. Once a student has completed enrolment, fees will not be subject to change for the normal duration of the course. If a course length is extended by the student then any fee increases will be required to be paid for the extended component of the course.

Full details of refund arrangements and conditions are on the Written Agreement that the student and the College will sign once an application has been received, accepted by the college and an offer made to the student. There is no obligation on the student of the college until the Written Agreement is signed by all parties.

Dispute resolution procedure

The College has a dispute resolution procedure to provide students with a fair and equitable process for resolving any disputes or complaints they may have. The dispute resolution procedure includes a requirement that an independent mediator will be appointed at no expense to the student if the student is dissatisfied with the resolution process undertaken by the College. The College will make no charge to the student for its dispute resolution process or referral to the independent mediator. If you have a complaint or appeal you should take the following steps:

• Contact the College to obtain a copy of the complaints and appeals procedure and the application form
• Complete the application form and lodge it with the College
• Follow up with the College

Student code of behaviour

The Student Code of Behaviour requires the following rights and expectation to be respected and adhered to at all times.

• The right to be treated with respect from others, to be treated fairly and without discrimination, regardless of religious, cultural, racial and sexual differences, age, disability or socio-economic status
• The right to be free from all forms of intimidation
• The right to work in a safe, clean, orderly and cooperative environment
• The right to have personal property (including computer files and student work) and the Registered Training Organisation property protected from damage or other misuse
• The right to have any disputes settled in a fair and rational manner (this is accomplished by the Grievance Procedure)
• The right to work and learn in a supportive environment without interference from others
• The right to express and share ideas and to ask questions
• The right to be treated with politeness and courteously at all times
• The expectation that students will not engage in cheating or plagiarism
• The expectation that students will submit work when required.
• The expectation that students will maintain consistent participation by attending all required classes and assessments. The required level of participation is 80% of scheduled sessions. Participation will be reviewed at the end of each study period. This requirement is a student behaviour requirement and not a requirement under standard 11 of the National Code.
• The expectation that students will at all times meet the requirements, terms and conditions in the student agreement including payment of fees.

For non-compliance with the Code of Conduct the following procedure for discipline will be followed:

• A member of the Registered Training Organisation staff will contact students in the first instance and arrange a counselling meeting to discuss the issue or behaviour & to determine how the issue might be rectified. This meeting and its outcomes will be documented, signed by all parties and included on the student's personal file. (Step 1)
• Where there is a second breach of the Student Code of Behaviour, students will be invited for a personal interview with the Training Manager to discuss the breaches further. This meeting and its outcomes will be documented, signed by all parties and included on the student's personal file. (Step 2)
• hould a third breach of the Student Code of Behaviour occur after the stage 2 meeting, the student will be provided with a final warning in writing & a time frame in which to rectify the issue. A copy of this letter will be included on the student's personal file. (Step 3)

After the three steps in the discipline procedure have been followed, and breaches of the Code of Behaviour still continue, training services will be withdrawn and the student will be sent a student deferral, suspension or cancellation warning letter.

Failure to attend scheduled meetings may result in the College deciding to defer, suspend or cancel a student's enrolment

If the College intends suspending or cancelling the student's enrolment where it is not at the student's request, the student must be informed they have 20 working days to appeal to the College. If the appeal is not upheld or the student withdraws from the appeal process then the College must report the student to DEERW and DIAC via PRISMS. The suspension or cancelling of the student's enrolment cannot take effect until the appeal process is completed unless there are extenuating circumstances relating the student's welfare.

Suspension or cancellation of your enrolment has to be reported to DIAC and may affect the status of your VISA.

At any stage of this procedure students are able to access the college complaints and appeals procedure to settle any disputes that may arise.

Student initiated deferral or suspension of enrolment

Students may initiate a request to defer commencement of studies or suspend their studies on the grounds of compassionate or compelling circumstances. Students wishing to defer the commencement of studies or suspend their studies must apply to do so in writing to the College using the student deferral, suspension or cancellation application form or in writing by email, fax or post. Full details and documentary evidence of the compassionate or compelling circumstances must be included with the application for it to be considered.

If approved, the College will report your deferral of commencement or suspension of studies to DIAC which may affect the status of your visa. If you require more information as to how this action may affect your visa status contact your local DIAC office or phone the DIAC helpline 131 881.

Student cancellation of enrollment

Cancellation of enrolment will trigger the refund arrangements in the Written Agreement between the College and the student. Students who cancel their enrolment and think they are due for a refund must also apply for a refund. Refund applications must be made in writing to the College Training Manager. The student refund application form, available from the College, may be used as the written application. Written applications for refunds will also be accepted by mail or by email.Refunds will be made within 28 days of receipt of a written application and will include a statement explaining how the refund was calculated.

The College will report your cancellation of studies to DIAC which may affect the status of your visa. If you require more information as to how this action may affect your visa status contact your local DIAC office or phone the DIAC helpline 131 881.

College initiated suspension or cancellation of enrolment

The College may decide to suspend or cancel a student's enrolment on its own initiative as a response to breaching the student code of behaviour through misbehaviour, a poor academic record or poor participation by the student. If the College is intending to initiate a suspension or cancellation of enrolment a warning letter will be sent to the student 's currently notified address and the student will have 20 working days from the date of the warning letter to complain or appeal against the College suspension or cancellation. The College will report any suspension or cancellation to DIAC which may affect the status of your visa. If you require more information as to how this action may affect your visa status contact your local DIAC office or phone the DIAC helpline 131 881

College deferral of commencement

The College may also decide to defer the commencement of a course. If the College defers the commencement of a course the provider default conditions in the Written Agreement between the College and the student will be triggered and the College will be obliged to repay all course money within 14 days of the date of deferral unless alternative arrangements can be made which are acceptable to students.

If approved, the College will report its deferral of commencement to DEEWR which may affect the status of your visa. If you require more information as to how this action may affect your visa status contact your local DIAC office or phone the DIAC helpline 131 881.

Department of Immigration and Citizenship

According to the Dept of Immigration and Citizenship (DIAC) you must provide evidence that satisfies the assessment factors applicable to you to be granted a student visa. Assessment factors include your financial ability, English proficiency, likely compliance with the conditions of your visa and any other matters considered relevant to assessing your application". Additional information on student visa issues is available on DIMIA Internet site on http://www.immi.gov.au and the Study in Australia internet site

http://studyinaustralia.gov.au/Sia/en/WhatToStudy/howtoapply /visarequirements.htm#student_visa_sub-classes

Full time study and participation

Australian law requires International students to study at a full time study load. A full-time study load is normally a minimum of 20 hours per week for 40 weeks each calendar year or continuous 12-month period.

Please be aware that students who have unsatisfactory academic progress will be reported to DIAC. Unsatisfactory academic performance is defined as failing more than 50% of units in two consecutive study periods or no attempt at all in doing any assessment for two consecutive study periods. The College is required to monitor, review and takes intervention action when a student is in danger of not progressing satisfactorily or completing their course.

Overseas student health cover

Overseas student health cover (OSHC) is insurance that provides cover on the costs for medical and hospital care which international students may need while in Australia. OSHC will also pay for most prescription drugs and emergency ambulance transport.

If you are an international student studying in Australia, you must purchase an approved OSHC policy from a registered health benefits organisation - commonly referred to as health funds before applying for your visa. You will need to buy OSHC before you come to Australia, to cover you from when you arrive.You will also need to maintain OSHC throughout your stay in Australia. You can find out more about purchasing OSHC at the DepartmentofHealth and Aging

Satisfactory progress

If you do not have satisfactory academic progress you will be reported to DIAC which will lead to cancellation of your visa. Unsatisfactory academic progress is defined in the ESOS legislation as failing more than 50% of units in any two consecutive study periods. If this occurs the College will report you to DIAC. A study period is one term of study.

The College will monitor your academic progress, identify students who are "at risk" of breaching this requirement and act to assist student who are "at risk" through meetings and counselling sessions.

Being "at risk" of not meeting satisfactory course progress requirements occurs when a student:

• fails more than 50% of units in a study period; or
• fails two or more units in a study period; or
• fails two or more units in a study period; or
• is absent for 28 consecutive days without prior approval or a medical certificate from a registered medical practitioner.

Failing a unit means being assessed as "Not Yet Competent" for a completed unit

In order to have the best chance of maintaining satisfactory progress you must:

• Attend all theory and practical classes and pay attention to the work and activities undertaken in class
• Study the theory and practice the skills that are taught in class
• Ensure that you are present for all assessment activities scheduled by the teachers
• Make an appointment with the student contact officer if you are having any difficulties with your studies

School-aged dependents

There are requirements for compulsory school attendance for children or dependents of international students. In Victoria it is compulsory for children to attend school until the age of 16. The choice of schools includes public schools, private schools and religious schools. People over the age of 16 can continue to attend school until they have completed year 12. Dependents of persons holding a student visa may be required to pay full fees in any school, college or university that they enrol in whilst in Australia.

Student transfer

Under the ESOS Framework, the College cannot enrol students seeking to transfer from another college before that student has completed 6 months of their principal course of study except in some circumstances. If you want to transfer before completing 6 months of your principal course, you need to ask the College for a letter of release. The six months is calculated as six calendar month from the first day of your principal course. Your principal course is usually the final course of study you will undertake. For example, if you are studying ELICOS followed by a Diploma program, the Diploma program is your principal course. If you are considering requesting a transfer before completing 6 months of your principal course of study please contact the College administration for a copy of the transfer procedure and the application form

Students do not need a letter of release if:

• they have completed more than 6 months of your principal course
• they are a government sponsored student, and their sponsor supports a transfer
• their current education provider or course has ceased to be registered or a sanction has been imposed that prevents your provider from continuing to deliver your principal course

Use of personal information

Information is collected during your enrolment in order to meet the College obligations under the ESOS Act and the National Code 2007; to ensure student compliance with the conditions of their visas and their obligations under Australian immigration laws generally. The authority to collect this information is contained in the Education Services for Overseas Students Act 2000, the Education Services for Overseas Students Regulations 2001 and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007. Information collected about you during your enrolment can be provided, in certain circumstances, to the Australian Government and designated authorities and, if relevant, the Tuition Assurance Scheme and the ESOS Assurance Fund Manager. In other instances information collected during your enrolment can be disclosed without your consent where authorised or required by law.

It is a requirement of the Australian Quality Training Framework that students can access personal information held by the College and may request corrections to information that is incorrect or out of date. Apply in writing to the General Manager International if you wish to view your own records.

The ESOS Framework | Providing quality education and protecting your rights

The Australian Government wants overseas students in Australia to have a safe, enjoyable and rewarding place to study. Australia's laws promote quality education and consumer protection for overseas students. These laws are known as the ESOS framework and they include the Education Services for Overseas (ESOS) Act 2000 and the National Code 2007.

Protection for overseas students

As an overseas student on a student visa, you must study with an education provider and in a course that can be found on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) at http://cricos.dest.gov.au CRICOS registration guarantees that the course and the education provider at which you study meet the high standards necessary for overseas students. Please check carefully that the details of your course - including its location - match the information on CRICOS.

Your rights

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 a refund 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.

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 responsibilities

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
• meet the terms of the written agreement with your education provider
• inform your provider if you change your address
• 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.