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Part-time work
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| Q |
Can I work while studying? |
| A |
Yes, but you must have work rights issued by DIAC and meet guidelines including not working more than 20 hours per week. Also, your part-time job must not stop you from finishing your course within the expected duration.
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Transfer to Another Provider (Also Standard 7)
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| Q |
Can I transfer to another course if I haven’t completed six calendar months of my principal course? |
| A |
Government regulation prevents education providers from enrolling students seeking to transfer from another provider before completing 6 calendar months of their principal course of study except in limited circumstances. If you want to transfer before completing 6 months of your principal course, you need to ask your education provider for a letter of release.
Your education provider must have a written policy and procedure which will tell you how to apply for a letter of release and how your provider will assess your transfer request. This policy and procedure must be made available to you.
Before your provider can assess your request, you must show them that you have a valid letter of offer from another provider. This is a government regulation. If your education provider does not give you a letter of release, it must tell you why in writing. You can use your provider’s complaints processes to appeal this decision if you wish.
Once you have completed six months of your principal course, you can transfer to another provider without a letter of release.
For more information please see the fact sheet about Standard 7. |
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Q |
I want to apply for a new visa but I have not yet done six months of my principal
course. Can a provider give me a COE so I can get a new visa? |
| A |
Government regulations prevent providers from issuing a COE to a student wanting to transfer from another provider’s course prior to that student completing six months of his or her principal course.
Providers may issue you with a COE if you no longer have a student visa and therefore no principal course. Students should talk to DIAC about their visa options. |
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| Q |
How long should it take my provider to give me a letter of release? |
| A |
Your provider’s transfer policy will specify the time it will take to assess and reply to your request.
This timeframe must be reasonable.
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| Q |
What can I do if my provider refuses to give me a release letter? |
| A |
Use your provider’s complaints and appeals processes.
Standard 8 of the National Code 2007 requires providers to have an internal and an external process. If you are unsatisfied with both the internal and external appeals processes and you think your provider may be in breach of its National Code obligations, you can approach DEEWR. However, if your provider has a reasonable policy, and can demonstrate that a change would be detrimental to you, they are not obliged to release you.
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| Q |
What will happen if I withdraw from my course before I have finished six months of my principal course? |
| A |
Once your provider notifies DEEWR of the cancellation of your enrolment through PRISMS, you have 28 days in which to enrol in another course or to return to your home country.
Government regulation prevents education providers from enrolling a student wishing to transfer from another provider before the student completes six months of his or her principal course except in limited circumstances.
You can transfer if:
- you have a letter of release
- you are a government sponsored student, and your sponsor supports a transfer, or
- your 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.
If you withdraw and one of the above situations does not apply to you, another provider can not enrol you. In unusual cases, the provider you want to transfer to may decide to enrol you if you can provide them with documentation which approximates the letter of release (e.g. if you have evidence that your COE was conditional on meeting certain entry requirements and you have not been able to meet those requirements). This is a matter for the provider to decide.
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| Q |
Does getting a letter of release automatically entitle me to a refund? |
| A |
No. A letter of release only enables another provider to enrol you if you have not yet completed six months of your principal course. To determine if you are entitled to a refund, please check your provider’s refund policy and the agreement you have with your provider.
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| Q |
I have lodged a request for a letter of release, but my provider denies receiving it. What can I do? |
| A |
If you have evidence that you have lodged your request with the provider, contact DEEWR on (02) 6240 5069 or via email at esosmailbox@deewr.gov.au. If not, reapply for a letter of release and ensure that you have some record of your application. This may involve obtaining a receipt from your provider or using registered mail to post your application to your provider.
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Course Expectations not Fulfilled (Also Standards 3, 4, 14)
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| Q |
Do I have any legal standing if my expectations are not fulfilled? |
| A |
The final part of your enrolment involves a written agreement between yourself and your provider. It must include details of fees and refund policies and the circumstances when your provider may share your information with other agencies.
By law your provider must have a complaints and appeals policy which lists an independent body that will hear your grievance and determine if you have been wronged by your provider.
If you cannot resolve any difference of opinion with your provider and you believe your provider is not complying with the ESOS legislation you can contact DEEWR on (02) 62405069 or esosmailbox@deewr.gov.au.
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| Q |
If my institution is sold how can I be sure the education standards won’t fall? |
| A |
The new owners and senior managers must undergo a test to ensure they are “fit and proper” to be assuming an international education role. The test criteria is outlined in Section 9(6) of the ESOS Act. As well, the new owner’s marketing must be accurate and ethical because supplying misleading information is a breach of the Code and incurs penalties. The institution must continue to meet all its obligations under the ESOS Act.
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Credit for Study in my Home Country (Also Standard 12)
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| Q |
Can I get credit for subjects I’ve studied in my home country? |
| A |
Yes, if your institution’s procedures for granting course credit allows this. If they do, and you get credit for prior study, you will sign a copy of the record of credit and this will go on your file.
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Students Under 18 (Also Standard 5)
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| Q |
I am under 18. Is someone still responsible for me? |
| A |
If your visa is granted before 1 July 2007 (and your provider has taken responsibility for your welfare) your provider will continue to approve your care arrangements during your entire stay in Australia. However, if you are granted a new visa that takes affect from 1 July 2007 your provider will nominate the dates for which they will accept responsibility for approving your accommodation, support and general welfare arrangements.
Your provider is responsible for you from when you arrive in Australia and at least seven days after the end of your course. When you receive a CoE you also receive a Confirmation of Appropriate Accommodation and Welfare (CAAW) letter. This outlines your welfare arrangements – a prerequisite for DIAC to grant your visa.
By law, your provider must have documented procedures to monitor the suitability of your accommodation, support and general welfare arrangements.
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Support (Also Standard 14)
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| Q |
How will my institution support me when I reach Australia? |
| A |
Your institution is obliged to have a range of support services to help you adjust to study and life in Australia. These support services are enshrined in the National Code and cover things like finding accommodation, study skills support and useful orientation material for living in Australia. Your provider will have a critical incident policy which means the staff will respond to incidents likely to cause you trauma (such as an accident) and/or affect the campus or institution as a whole.
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Defer or Suspend (Also Standard 13)
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| Q |
Can I defer or suspend my course? |
| A |
Yes, in certain circumstances depending on your institution’s procedures for assessing, approving and recording a deferment or suspension of study. Your college may allow you to begin your course later. You may also be allowed to suspend your studies if you have compassionate or compelling circumstances. Your college may also have a policy that allows it to suspend you temporarily or cancel your enrolment if you misbehave.
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| Q |
I have to defer because my college is not offering the units for my course. Do I have to go home? |
| A |
Yes, if the period of deferment is more than 28 days. If you defer or suspend your studies you must return home unless there are exceptional circumstances which prevent you from travelling such as a medical condition.
If you have deferred your studies because the course you have enrolled in is not offering the relevant units, you must return home during the deferral. If you don’t your student visa will be cancelled.
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Appeal (Also Standard 8)
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| Q |
Where do I stand if I want to appeal a decision by my college? |
| A |
Your provider is obliged to have an inexpensive internal complaints/appeals process available for your immediate use. They must also inform you of external complaints and appeals processes. Your provider must maintain your enrolment throughout the process. You will be immediately advised if you win the appeal and the decision will be implemented. The timing of the process will be as swift as possible taking into account the length of your visa.
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Refunds (Also Standards 3, 4, 8)
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| Q |
There is a clause in my education agent’s agreement with me that prevents me from getting my course fees returned if I am not granted a student visa. Should I sign it? |
| A |
The ESOS Act states that if a student is refused a student visa, the provisions of a written agreement can not apply and a refund must be paid in line with the provisions of section 29 of the ESOS Act.
If the agent is referring to monies received on behalf of the provider for the student to undertake the course, the amendment is applicable and all course monies must be refunded under section 29 of the ESOS Act. If it is a fee that falls outside of these parameters, then any refund would be as per a business arrangement agreed between the agent and the student.
A provider may not use a written agreement to limit a refund to a student who is refused a student visa, regardless of the reason for the refusal. There is no point in the agent or provider having a clause in their agreement that limits a refund - it will not apply.
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| Q |
When can I get a refund of my course money? |
| A |
You may be able to get a refund of some or all of your money – depending on your circumstances from your provider which must be listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
You may be entitled to get your course money back if you change your mind about studying with an institution (student default) or the institution doesn’t supply the course you have arranged to study and have paid for (provider default).
Student default – This means you default on the arrangement because you have withdrawn from the course either before or after the agreed starting day, or you didn’t start when the course began and didn’t formally withdraw before it began.
Provider default – This usually means your education provider closes down for unforseen reasons or government authorities cancel a course.
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| Q |
How much will I get back if I don’t proceed with my course? |
| A |
When you default you must ask your provider in writing for a refund and they must return your fee within four weeks. The amount they return depends on your particular circumstances. The providers refund agreement will determine if you get a full or partial refund or no refund. It should also state when the provider must give you your refund. If you don’t think the institution is following its refund policy you can take further action under Australia’s consumer protection laws.
You should be aware that providers are legally bound to keep records of how much course money you have paid (either for part or the total course and its duration), copies of written agreements between them and you, and any amounts that you are due to pay or have not paid.
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| Q |
How much will I get back if my provider doesn’t proceed with my course? |
| A |
When the institution defaults they must return all the course money you have paid within two weeks after the default day. There is no allowance for pro rata or administrative or other deductions from the full refund amount.
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| Q |
What do I do if my provider doesn’t pay the refund I’m entitled to? |
| A |
You should formally write to the provider for a refund, including copies (not originals) of all receipts, and outline why you think they must give you a refund. Providers must also give you access to an appeals process if they disagree with your request for a refund. The ESOS legislation requires them to do this.
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| Q |
If a student transfers to another provider, can the provider transfer the balance of unused fees directly to the new provider? What if the student wrote a letter to release the money to the new provider? |
| A |
If the student decides to change provider, ie ‘student default’, then the provider must refund the the student in accordance with their written agreement (see ESOS Act s28). Providers may state in their agreement that they will transfer the course money to the new provider – with the students consent – but all refunds must be made to the student or the person specified in the agreement.
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| Q |
Should money be refunded in Australian dollars? |
| A |
If the refund is being made because the student defaults the refund must be made as it is specified in the written/refund agreement (as long as it complies with the ESOS Act 2000 (s28) and Standard 13 of the National Code). The ESOS legislation does not prescribe the currency the refund should be made in, however s28(2) specifies that the refund must be made to the student or the person specified in the agreement. State and territory consumer protection legislation may have conditions that apply to refund payments.
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School-Age Children
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| Q |
Do school-aged dependants of student visa holders need to attend CRICOS registered schools? |
| A |
No. School-aged dependants of student visa holders can attend any school that meets relevant requirements for domestic registration. They are not required to attend CRICOS registered schools because dependants are not student visa holders.
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Study in Australia
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| Q |
I know someone who wants to come to Australia to study – what do they have to do? |
| A |
Prospective overseas students can obtain information about studying in Australia , Information on courses and institutions from the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and Information about student visa requirements from the Department of Immigration and Citizenship(DIAC).
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