Purpose
The Education Services for Overseas Students (ESOS) Act 2000 and the National Code 2018 are part of the ESOS framework governing the responsibilities of education providers towards overseas students.
The purpose of this policy is to ensure that Intellect adopts a refund policy that is fair to students who have valid reasons for requesting refunds and who give Intellect sufficient notice, while at the same time protecting Intellect from suffering economic loss that may be caused by refund requests that are not submitted within the required timeframe.
Scope
This policy and procedure apply to all the prospective and enrolled international students at Intellect who pay part or full advance fees when applying for a place at Intellect
References
ESOS Act (2000) / National Code of Practice 2018
DEFINITIONS
Course: An ELICOS program of study at Intellect.
Fee: means fees Intellect receives, directly or indirectly, from:
(i) an overseas student or intending overseas student; or
(ii) another person who pays the fees on behalf of an overseas student or intending overseas student;
that are directly related to the provision of a course that the Intellect is providing, or offering to provide, to the student; and
“Fees” only means tuition fees not third party or ancillary fees such as admission/enrolment fee, OSHC fee, or course material fee.
Course Material: Cost of learning materials and resources indicated in the Student Agreement which each student is required to purchase at the time of joining the course.
Enrolment Fee: Covers the administrative costs of enrolment.
Fee Due Date: As per the dates on the student agreement.
Prepaid Fee: Fees paid in advance prior to course commencement.
Agreed Start Date: for a course means the day on which the course was scheduled to start, or a later day agreed between the Intellect for the course and the student.
POLICY
A refund of tuition fees will only be granted in accordance with the refund policy set out below:
| Fee Refund Conditions | Refund Applicable |
| For these refund conditions, the terms
· “Fees” only means tuition fees not third party or ancillary fees such as admission fee, OSHC fee or course material fee. |
For these refund conditions, the terms
· “Fees” only means tuition fees not third party or ancillary fees. |
| 1. If an intending overseas student is not granted a student visa from Australian High Commission/ Australian Embassy/Department of Home Affairs (DHA) for any reason, (Documentary evidence of visa refusal is required) | 1. All fees paid in advance will be refunded, minus administration and processing charges of AUD$500.00. |
| 2. If Intellect receives a written notice of withdrawal more than 28 days before the agreed start date of the course. | 2. The refund will be 25% of the fees paid in advance by the student for the course “minus an administration and processing charge of AUD$500.00. |
| 3. If Intellect receives a written notice of withdrawal more than 14 days but less than 28 days before the agreed start date of the course | 3. The refund will be 15% of the fees paid in advance by the student for the course ” minus an administration and processing charge of AUD$500.00. |
| 4. If written notice is received 14 days or less before the commencement date of the course | 4 There will be no refund of any fees paid in advance for the course. |
| 5 If the student withdraws after the agreed start date of the course | 5. There will be no refund of any fees paid in advance for the course. Students will also have to pay the balance of any fees due for remainder of their current course of study. |
| 6. If a student’s visa is cancelled due to their breach of international student visa conditions or Intellect Policies and Procedures or Student Misbehaviour after the commencement of the course | 6. Maintaining the conditions of the visa grant and following Intellect’s policies and procedures as agreed is the student’s responsibility. There will be no refund of any fees paid in advance for the course. Students will also have to pay the balance of any fees due for remainder of the current course of study. |
| 7. If a student’s visa expires whilst studying a course and they are not able to complete their course because their application for an extension of visa is not granted by DHA | 8. All unused fees paid in advance for the course in the minus administration and processing charges of AU$500.00 will be refunded. Calculation of ‘unused fees” is in accordance with applicable ESOS regulations. |
| 9. If a student is granted a deferment or temporary suspension of studies after the commencement of a course | 9. Intellect will hold all fees paid in advance for the period of the suspension/deferment. If the student does not return or commence on the agreed date without the approval of Intellect the student is deemed to have inactively withdrawn, and their enrolment will be cancelled. There will be no refund of any fees paid in advance for the course |
| 10. In cases of Provider default. Intellect defaults, in relation to an overseas student or intending overseas student and a course, if:
either of the following occurs: · Intellect fails to start to provide the course to the student on the agreed starting day; · the course ceases to be provided to the student at any time after it starts but before it is completed; and · the student has not withdrawn before the default day.
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10. Full refund of unused fees paid in advance. The calculation of ‘unused fees” is in accordance with applicable ESOS regulations. Role of TPS in these circumstances The Tuition Protection Service (TPS) is an initiative of the Australian Government to assist international students whose education providers are unable to fully deliver their course of study. The TPS ensures that international students are able to either:
For more information on the role of TPS visit (www.tps.gov.au)
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Intellect is also required to notify TPS regarding the outcome of the refund request in case of visa refusals including the amount refunded and date of refund. In case of provider default; an outcome must be recorded to notify TPS if the student was placed in an alternate course or refunded the fee.
(Note: The date for calculation of the refund will be the date formally received and acknowledged by Intellect and in accordance with ESOS regulations)
Process for Claiming Refunds
- Refund applications must be made in writing on the Application for Refund Form; and set out the reasons for the application; and be accompanied by supporting documents as may be appropriate; and be forwarded directly to Intellect.
- Refund applications will not be processed where the signature on the Application for Refund Form does not match the Student’s signature as shown on other documents provided by the Student for admission to the College and the Student agreement.
- Refund will normally be made in the currency of the student’s country of permanent residence and payable in that country.
- The funds covering the fees must be cleared (i.e. cheques cleared, telegraphic transfers received etc).
- All debts to Intellect must have been paid before any refund can be calculated with any outstanding amounts to be deducted from the refund.
- Where a Student is dissatisfied with a decision to provide or not to provide a refund he or she may appeal that decision in accordance with the Complaints and Appeals Procedures of Intellect.
- This procedure, 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.
- All refunds will be paid within Four (4) weeks of receipt of student claim with required documentary evidences
Appeals
Once a decision is made on a student’s application for fee refund, the student will be notified in writing of the outcome, including reasons for the decision.
Student should also refer to Intellect’s “Complaints and Appeals Policy”, available from the college and/or it’s website at www.Intellectenglish.com.au for information on lodging an appeal against a decision.
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