Refunds for Overseas Students Policy
Policy Group(s): Group C: Administration – Students
Group D: Business Management – Business Functions
Related Policy: Overseas Student Grievances Policy
Classification of Students
Provider Default (Overseas Students)
Cancellation of Enrolment for Overseas Students
Commencement Date: January 1998
Review Date: July 2007
Policy Statement
Intent:
CHC recognises that certain sets of circumstances exist in which it is appropriate for a student to apply for a refund of any monies paid for tuition fees. The ESOS Act 2000 requires CHC to clearly define these sets of circumstances.
In such circumstances it is important for students to understand the framework within which such applications can be made and the process for doing so.
This policy will assist staff to make those decisions and to respond in a timely manner.
Scope:
All Overseas students and applicants who are persons making application to Christian Heritage College as Overseas students.
Restrictions: Nil
Exclusions: Domestic students and applicants
Objectives:
To provide a clear understanding of the conditions under which refunds may be granted to any applicants or students who are classified as overseas.
To provide clear guidelines for staff in making decisions regarding the refunds of any money paid to CHC by an applicant or student classified as overseas.
To maintain compliance with all relevant legislation.
Policy Provisions:
1. General
1.1 There are four circumstances under which refunds will be given to overseas students:
a) Provider Default;
b) Student Default;
c) Withdrawal from or suspension of studies by a student prior to the census date;
d) Withdrawal from or suspension of studies by a student after the census date where special circumstances apply. Please see the Supporting Procedures and Guidelines below; or
e) Cancellation of enrolment for reasons of failing to maintain satisfactory progress where tuition fees for the subsequent semester are pre-paid.
1.2 These agreements do not remove the right to take further action under Australia’s consumer protection laws. CHC’s Overseas Student Grievances policy does not circumscribe students’ right to pursue other legal remedies.
1.3 Prospective students must have access to the Refunds for Overseas Students policy and the Written Agreement prior to paying CHC any course money or entering into any contract with CHC. This policy and the terms of the Written Agreement are available in the Christian Heritage College Overseas Student Handbook and on the CHC website.
1.4 Upon arrival in Australia overseas students are given a further copy of the Refunds for Overseas Students policy and the Overseas Student Liaison Officer ensures the student understands the agreement. A copy of the signed agreement is placed on the student file.
2. Provider Default
2.1 A provider default occurs if:
2.1.1 a course does not commence on the agreed starting day for any reason; or
2.1.2 the courses ceases to be provided at any time after it starts but before it is completed; or
2.1.3 the course is not provided in full to the student because CHC has had its registration as an institution able to offer courses to overseas student revoked;
and the student has not withdrawn before the default date.
2.2 In the case of a provider default on the part of CHC a full refund of any course money paid to CHC will be made as required by the provisions of the ESOS Act 2000 and the ESOS Regulations 2001.
2.3 These refunds will be made within two weeks of the agreed starting day to the person who made the initial payment on behalf of the student and in the currency it was paid.
2.4 Christian Heritage College accepts Australian currency only as payment.
3. Student Default
3.1 Student default can occur for three reasons:
3.1.1 the course starts on the agreed starting day, but the overseas student does not start the course on that day and has not previously withdrawn; or
3.1.2 the overseas student withdraws from the course either before or after the agreed starting day; or
3.2.3 CHC refuses to provide, or continue to provide the course to the overseas student because of one or more of the following events:
a) the overseas student failed to pay an amount he or she was liable to pay CHC, directly or indirectly, in order to undertake the course;
b) the overseas student breached a condition of his or her student visa; or
c) misconduct by the overseas student.
3.2 In the case of a student default CHC will make a refund of any tuition fees paid, less any non-refundable application fees and/or applicable withdrawal fees if:
3.2.1 the courses starts on the agreed starting day, but the overseas student does not start the course on that day and has not previously withdrawn; or
3.2.2 the overseas student does not start on the agreed starting day because they were not able to obtain a student visa for any reason; or
3.2.3 the overseas student withdraws from the course either before or after the agreed starting day but on or before the census date.
3.3 These refunds will be made within four weeks of the agreed starting day to the person who made the initial payment on behalf of the student and in the currency it was paid.
3.4 Christian Heritage College accepts Australian currency only as payment.
3.5 In the case of a student default CHC will not make any refund of any course money if:
3.5.1 the overseas student failed to pay an amount he or she was liable to pay CHC, directly or indirectly, in order to undertake the course; or
3.5.2 the overseas student withdrew after the census date; or
3.5.3 the overseas student breached a condition of his or her student visa; or
3.5.4 misconduct by the overseas student.
4. Withdrawal from or suspension of studies by a student on or before the census date
4.1 Overseas students who withdraw from unit(s) of study or who are granted a suspension of studies after the agreed starting day and prior to the census date in the semester will receive a full refund of any tuition fees paid, less any non-refundable application fees or withdrawal fees. The withdrawal fee as published on the CHC website on October 1 of each preceding year of the semester from which the student intends to withdraw.
4.2 The refund will be made within four weeks of the withdrawal date to the person who made the initial payment on behalf of the student and in the currency it was paid. (Please refer to the Cancellation of Enrolment for Overseas Students policy)
4.3 CHC accepts Australian currency only as payment.
5. Withdrawal from or suspension of studies by an overseas student after the census date where special circumstances apply.
5.1 If an overseas student withdraws from unit(s) of study or is granted a suspension of studies after the census date and special circumstances apply, CHC will provide a full refund of any tuition fees paid, less any non-refundable application fees or withdrawal fees.
5.2 The refund will be made within four weeks of the withdrawal date to the person who made the initial payment on behalf of the student and in the currency it was paid. Please refer to the Cancellation of Enrolment for Overseas Students policy.
5.3 CHC accepts Australian currency only as payment.
6. Withdrawal after the census date.
6.1 CHC will not refund any money if an overseas student withdraws after the census date in a semester. Please refer to the Cancellation of Enrolment for Overseas Students policy.
7. Cancellation of enrolment for reasons of failing to maintain satisfactory course progress
7.1 CHC will refund any pre-paid tuition fees where an overseas student’s enrolment is cancelled for reasons of failing to maintain satisfactory course progress.
POLICY SUPPORTING INFORMATION
Supporting Procedures and Guidelines:
1. How to Apply for a Refund
1.1 You must apply in writing for a refund.
1.2 Your written application should include the reasons for the refund as noted within the provisions of this policy.
1.3 Submit your written application either
a) in person to the CHC Reception:
322 Wecker Road Mansfield
OR
b) by mail to:
The Business Manager
Christian Heritage College
PO Box 2246
Mansfield DC 4122
Queensland, Australia
2. Special Circumstances
2.1 Special circumstances exist where:
2.1.1 the condition or circumstance did not exist prior to census date;
2.1.2 the condition or circumstance is beyond the control of the student;
2.1.3 the full impact of the condition or circumstance was not know to the student prior to the census date.
Other: Nil
Definitions and Acronyms: CHC – Christian Heritage College
ESOS Act 2000 – Education Services for Overseas Students Act 2000
Course money – money a provider receives, directly or indirectly, from:
• an overseas student or intending overseas student; or
• another person who pays the money on behalf of an overseas student or intending overseas student
for a course that the provider is providing, or offering to provide, to the overseas student. This includes tuition fees, any amount received by the provider for overseas student health cover, and any other amount that the student had to pay to the provider in order to undertake the course (as defined by Section 7 of the ESOS Act 2000).
Agreed starting day – the day on which the course was scheduled to start, or a later day agreed between the registered provider for the course and the student.
Default day – the day on which a default occurs and includes:
• the day the course was agreed to start but does not start;
• the day the course starts but the student does not start and has not withdrawn;
• the day the course ceases to be provided;
• the day the student withdraws from the course either before or on the agreed starting day;
• the day CHC refuses to provide, or continue to provide the course to the student (see 2.3.3 in the Refunds for Overseas Students policy).
