Purpose:
The Education Services for Overseas Students (ESOS) Act 2000 and the National Code 2007 are part of the ESOS framework governing the responsibilities of education providers towards overseas students. This policy also complies with standard 5.3 of Standards of Registered Training Organisations (RTOs) 2015.

 

The purpose of this policy is to ensure that EAA adopts a refund policy that is fair to students who have valid reasons for requesting refunds and who give EAA sufficient notice, while at the same time protecting EAA from suffering economic loss that may be caused by refund requests that are not submitted within the required timeframe.

 

Scope:
This policy and procedure applies to all the prospective and enrolled international students at EAA who pay part or full advance fees when applying for a place at EAA.

 

References:
ESOS Act (2000) / National Code of Practice 1, 2, 3, 4, 5, 6 and 13.
SRTO Ref: Standard 5.3

Definitions:


Course: A program of study leading to a qualification or an award.

Fee: means fees EAA 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 EAA is providing, or offering to provide, to the student; and

“Fees” only means tuition fees not third party or ancillary fees such as admission fee, OSHC fee, resources, student kit ort material fee.

Resources: 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.

Examples:

Cookery:                        Commercial cookery Kit

IT:                                   Laptop and associated software

 Application/Enrolment Fee: Covers the administrative costs of enrolment.

Fee Due Date: As per the dates on the student agreement

Pre-paid 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 EAA 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 ConditionsRefund Applicable
For these refund conditions the terms

  • “package of courses” means a sequence of one or more courses specified in the letter of offer for which CoE(s) have been issuedToavoid doubt where there is only one CoE, package of courses means that CoE
  • “Fees” only means tuition fees not third party or ancillary fees such as admission fee, OSHC fee or resources fee.
For these refund conditions the terms

  • “package of courses” means a sequence of one or more courses specified in the letter of offer for which CoE(s) have been issued. To avoid doubt where there is only one CoE, package of courses means that CoE
  •  “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 Immigration & Border Protection (DIBP) 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.
  1. If EAA receives a written notice of withdrawal more than 28 days before the agreed start date  of the first course in the “package of courses”
  1. The refund will be 25% of the fees paid in advance by the student for each and every course in the “package of courses “minus an administration and processing charge of AUD$500.00.
  1. If EAA receives a written notice of withdrawal more than 14  days but less than 28 days before the agreed start date  of the first course in  the “package of courses”
  1. The refund will be 15% of the fees paid in advance by the student for each course in the “package of courses” minus an administration and processing charge of AUD$500.00.
  1. If written notice is received 14 days or less  before the agreed start date of the first course of the  “package of courses”
  1. There will be no refund of any fees paid in advance for each and every course in the “package of courses”.
  1. If the student withdraws after the agreed start date of the first course in the “package of courses”
  1. There will be no refund of any fees paid in advance for each and every course in the “package of courses”. Students will also have to pay the balance of any fees due for remainder of their current course of study.
  1. If a student’s visa is cancelled due to their breach of international student visa conditions or EAA Policies and Procedures or Student Misbehaviour after the agreed start of the first course in the “package of courses”
  1. Maintaining the conditions of the visa grant .and following EAA’s policies and procedures as agreed is the student’s responsibility. There will be no refund of any fees paid in advance for each and every course in the “package of courses”. Students will also have to pay the balance of any fees due for remainder of the current course of study.
  1. At the time of enrolment any Credit Transfer(CT)/ Recognition of Prior Learning(RPL) will be discussed & granted after the student provides sufficient  evidence,
  1. If the Credit Transfer allows shortening of the duration of a specific course in the “package of courses” a pro-rata fee will be worked out for the specific course and offered to the student. Once the student accepts the offer, there will be no further reduction of the fee and all refund conditions apply to each course in the “package of courses”
  1. If a student’s visa expires   whilst studying a “package of courses”and  they are not able  to complete   their “package of courses because their application for an extension of visa is not granted by DIBP
  1. All unused fees paid in advance for each and every course in the “package of courses” minus administration and processing charges of AU$500.00 will be refunded. Calculation of ‘unused fees” is in accordance with applicable ESOS regulations.
  1. If a student is granted a deferment or temporary suspension of  studies after the agreed start  date of a “package of courses”
  1. EAA 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 EAA 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 each and every course in the “package of courses”.
  1. In cases of Provider default. EAA defaults, in relation to an overseas student or intending overseas student and a course, if: either of the following occurs:
  • EAA 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.
  1. Full refund of unused fees paid in advance.
    The calculation of ‘unused fees” is in accordance with applicable ESOS regulations.

 

(Note: The date for calculation of the refund will be the date formally received and acknowledged by EAA 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 Student Admissions at EAA.
  • 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 EAA 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 EAA.
  • 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
  • In the event of Provider default, the refund will be paid within two (2) weeks of default day. Alternatively, you may be offered enrolment in another course by EAA at no extra cost to you. You must choose in writing either to receive refund or accept enrolment in another course.

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 EAA’s “Complaints and Appeals Policy”, available from the college for information on lodging an appeal against a decision.