Q. My college stopped teaching my course before I finished – what does this mean?
A. If a provider ceases to offer a course or courses before you have finished the course, this is ‘provider default’ under the Education Services for Overseas Students Act 2000 (The Act). The default date is the date the college stopped providing your course.
Q. Will I get a refund?
A. The law requires the college to refund current and accepted students who haven’t started yet all of the money received for courses. They must pay this within two weeks of the default date. You may choose to accept the college’s offer of a place in another suitable course at the college’s expense instead of a refund if this is offered to you.
Q. What if the college does not refund my course money or place me in a suitable alternative course?
A. If the college informs the Department of Education, Employment and Workplace Relations (DEEWR) that it can not offer students a suitable alternative placement OR a refund, the college’s Tuition Assurance Scheme (TAS) will be activated. The TAS will contact you and try to find you a suitable alternative course. If this is not possible you may be referred to the ESOS Assurance Fund. The ESOS Assurance fund was established under the Act and the Fund Manager may offer you an alternative placement or assess your entitlement for a refund in accordance with the Act.
Q. What will happen with my visa?
A. The Department of Immigration and Citizenship (DIAC) appreciates that students are not responsible for the college closing. If you have questions about your visa, please contact DIAC as soon as possible. A list of immigration offices in Australia is at: http://www.immi.gov.au/contacts/australia/index.htm or contact details for immigration offices outside Australia is at http://www.immi.gov.au/contacts/overseas/index.htm
Q. What if I have to stay longer in Australia to complete my qualification – will my student visa be extended?
A. Please check your student visa’s expiry date. If you require further time to finish your new course in Australia you must apply for a further student visa before your visa expires.
You can either check your visa label for your visa expiry date or use the Department of Immigration and Citizenship’s Visa Entitlement Verification Online (VEVO) service at http://www.immi.gov.au/e_visa/vevo.htm
Q. Can I enrol in a new college?
A. You may choose to enrol in a new college. However, you must keep all official records of your academic progress and official receipts for all fees you have paid to your old college as well as your new one. These might be useful later to establish your entitlements.
If you enrol in a new college, remember that you will be entering into a new written agreement with your new education provider. Please make sure that you are aware of the provisions in your new agreement.
Q. I cancelled my course before the default date. Am I entitled to a full refund of my course fee?
A. Students who withdrew from their course while the course was continuing are cases of “student default”. This means you are only entitled to the amount of refund stated in the written agreement you signed with the college. You will need to check the provisions of your written agreement. If you are entitled to a refund under the written agreement which the college has not paid to you, you may be referred to the ESOS Assurance Fund for assessment of your claim.
Q. I enrolled myself in another course with another college after the default date, but before the college or the TAS offered me another course? Do I have to accept an offer made by the college or the TAS ?
A. No. If you have a CoE with another college you can decline these offers. However, it is important that you retain your official records of your academic progress and official receipts for all funds you have paid to the college. These might be useful later on in establishing your refund entitlements, if any.
You must notify the TAS if you are declining their offer.
If you enrol in a new college, remember that you will be entering into a new written agreement. Please make sure that you are aware of the provisions in your new agreement.
Q. Will I still be entitled to assistance from the Assurance Fund if I reject an offer of placement by the college or TAS?
A. The Assurance Fund can only help students who;
- Are due a refund from the college;
- Have not received a refund; and
- Have not been promptly offered a suitable alternative course.
You may not be eligible for assistance from the Assurance Fund if you reject an offer of placement which recognises fees paid to your original college and is similar to the course you were studying in terms of;
- level,
- subject,
- cost,
- duration; and
- location
However, if you reject an offer of placement which is significantly different from your original course of study you may be eligible for help from the Assurance Fund.
Q. Who should I contact regarding my entitlements?
A. Please choose below for the most appropriate contact for your situation: