TERMS & CONDITIONS

Refund arrangements

If a visa is refused by the Australian Government

Where a prospective student is refused an initial student visa by the Australian Government a full refund of course fees minus $ 300 Enrolment Fee will be made. In order to receive the refund students will have to provide authenticated evidence of the student visa refusal to the college and attach this to a completed refund application form which is available from the College and can be sent by post, fax or email. The refund application must be used to apply for refunds and must be addressed to the CEO of the College.

If a student defaults on their written agreement

If students want to withdraw from their course after fees have been paid then refunds will be made in accordance with the written agreement that the student signs with the College. The written agreement will be sent to students who are accepted into a course and will not take effect until it is signed and dated by the applicant and received by the College.

Refund conditions

Refund applications must be made in writing to the College. The student refund application form, available from the College, may be used as the written application. The full Fees and Refund Policy and Procedure is available on the website at : https://www.einsteinCollege.vic.edu.au/pdfs/Feesand-Refund-Policy-and-Procedures.pdf
Written applications for refunds will also be accepted by mail or by email. Refunds will be made within 28 days of receipt of a written application and will include a statement explaining how the refund was calculated

VISA Refused	100% Refund of the paid tuition fee minus a A$300Enrolment Fee as per the Letter of Offer and Written Agreement
Written Notice of withdrawal provided 28 days or more before the course commencement date	30% of the tuition fee or $1000, whichever is greater, will be retained by the College and is payable to the College. The remaining paid tuition fee will be refunded minus a A$300 Enrolment Fee as per the Letter of Offer and Written Agreement
Written Notice of withdrawal provided less than 28 days and more than 14 days before the course commencement date	40% of the tuition fee or $2000, whichever is greater, will be retained by the College and is payable to the College. The remaining paid tuition fee will be refunded minus a A$300 Enrolment Fee as per the Letter of Offer and Written Agreement
Written Notice of withdrawal provided less than 14 days before the course commencement date	No Refund of the paid tuition fees for the current course. Tuition fee scheduled in the Letter of Offer and Written Agreement is payable to the College
Student does not commence the course on the start date for any reason and subsequently provides notice of withdrawal from the course	No Refund of the paid tuition fee for the current course. Tuition fee scheduled in the Letter of Offer and Written Agreement is payable to the College
Student breach of VISA conditions, and suspension or cancellation of enrolment by the College or the student has been granted release letter	No Refund of the paid tuition fee for the current course. Tuition fee scheduled in the Letter of Offer and Written Agreement is payable to the College
If the College is unable to deliver the course for any reasons	100% Refund of the paid tuition fee minus a A$300 Enrolment Fee as per the Letter of Offer and Written Agreement
If the College is unable to complete the course that has	Paid tuition fee that has not been spent will be
been starte	refunded. Spent tuition fee is payable to the College
For onshore students, if the student visa is refused after the course commencement date	Paid tuition fee that has not been spent will be refunded. Spent tuition fee is payable to the College
If the student has received an offer letter and paid the tuition fees but has not collected the COE (Confirmation of Enrolment) and has applied for a course withdrawal, the student will be considered as being enrolled into the course and the same refund policy terms in the above table applies to the student.

Full details of refund arrangements and conditions are on the Written Agreement that the student and the College will sign once an application has been received, accepted by the college and an offer made to the student. There is no obligation on the student of the college until the Written Agreement is signed by all parties.

Fees to be paid in Advance

Students are required to pay their tuition fees and relevant fees* in advance before the commencement of the study program or course is delivered.

A Study Period is equal to 10 weeks.
The college receives no more than 50% of the total tuition fees for the course before the student commences the course that are more than 24 weeks (or 100% for short courses that fall within one study period of 24 weeks or less) and then, after the student commences, the college will not require a student to pay any further fees until 2 weeks before the start of the second study period.
If a student pays more than 50% of the total tuition fees for the course before the student commences the course that are more than 24 weeks, the College will refund the overpaid amount within 28 days of receipt of a written application.

Installments: If a student is opting for a payment plan, they must set up a Direct Debit at the time of enrolment. Student must make sure that enough funds available in their account prior to Direct Debit. College will charge extra $50 bank charges, if a Direct Debit gets failed.

It is students responsibility to pay college fees on time. Students must contact the college if they have not received a tax invocie/statement from the Accounts Department before the commencement date of semester or term. Einstein College of Australia takes no responsibility for invoices/statements being lost in the mail due to address change without notifying the college of this change. Please note that students invoice due dates are generally 4-6 weeks prior to the beginning of a semester or term in accordance with the college academic calender. Any delay in payment of the fee will subsequently incur $50 per week late payment fee. We may cancel your enrolment if payment has not been received within 20 working days after the due date and the student cannot appeal. For students on a student Visa, will be reported to the Department of Immigration and citizenship for NON-PAYMENT of FEES which in return could result in your Student VISA being cancelled.

*Relevant Fees are enrolment, services and materials, overseas student health cover,equipment and any other fees associated with your course of study .

Dispute resolution procedure

The College has a Complaints and Appeals Policy and Procedure to provide students with a fair and equitable process for resolving any disputes or complaints they may have. The Complaints and Appeals Policy and Procedure includes a requirement that an independent mediator will be appointed at no expense to the student if the student is dissatisfied with the resolution process undertaken by the College. The College will make no charge to the student for its dispute resolution process or referral to the independent mediator. If the external or any external or any external complaint and appeal handling process results in a decision that support the student, the College will immediately implement any decision and/ or corrective or preventive action required and advise the student in writing of the outcome. If you have a complaint or appeal you should take the following steps:

• Contact the College to obtain a copy of the Complaints and Appeals Procedure and the Complaints and Appeals Form/ download them from the website.

• Complete the Complaints and Appeals Form/and lodge it with the College

• Follow up with the College

Student code of behaviour

The Student Code of Behaviour requires the following rights and expectations to be respected and adhered to at all times:

The right to be treated with respect from others, to be treated fairly and without discrimination, regardless of religious, cultural, racial and sexual differences, age, disability or socio-economic status
The right to be free from all forms of intimidation
The right to study in a safe, clean, orderly and cooperative environment
The right to have personal property (including computer files and student work) and the College property protected from damage or other misuse
The right to have any disputes settled in a fair and rational manner (this is governed by the Colleges Complaints and Appeals Policy and Procedure)
The right to study and learn in a supportive environment without interference from others
The right to express and share ideas and to ask questions
The right to be treated with politeness and courteously at all times
The expectation that students will not engage in cheating or plagiarism
The expectation that students will submit work when required.
The expectation that students will maintain consistent participation by attending all required classes and assessments. The required level of participation is 80% of scheduled sessions. Participation will be reviewed at the end of each study period. This requirement is a student behaviour requirement and not a requirement under Standard 11 of the National Code 2007.

For non-compliance with the Code of Conduct the following procedure for discipline will be followed:

A member of the College staff will contact students in the first instance and arrange a counselling meeting to discuss the issue or behaviour and to determine how the issue might be rectified. This meeting and its outcomes will be documented, signed by all parties and included on the student’s personal file. (Step 1)
Where there is a second breach of the Student Code of Behaviour, students will be invited for a personal interview with the Director of Studies to discuss the breaches further. This meeting and its outcomes will be documented, signed by all parties and included on the student’s personal file. (Step 2)
Should a third breach of the Student Code of Behaviour occur after the stage 2 meeting, the student will be provided with a final warning in writing and a time frame in which to rectify the issue. A copy of this letter will be included on the student’s personal file. (Step 3)
After the three steps in the discipline procedure have been followed, and breaches of the Code of Behaviour still continue, training services will be withdrawn and the student will be sent a student deferral, suspension or cancellation warning letter.
Failure to attend scheduled meetings may result in the College deciding to defer, suspend or cancel a student’s enrolment
If the College intends to suspend or cancel the student’s enrolment where it is not at the student’s request, the student must be informed they have 20 working days to appeal to the College. If the appeal is not upheld or the student withdraws from the appeal pro cess then the College must report the student to the Department of Education and DIBP via PRISMS, for International Students only . The suspension or cancelling of the student’s enrolment cannot take effect until the appeal process is completed unless there are extenuating circumstances relating the student’s welfare.
Suspension or cancellation of your enrolment has to be reported to DIBP and may affect the status of your VISA for International Students only.
At any stage of this procedure students are able to access the College Complaints and Appeals Policy and Procedure to settle any disputes that may arise.

Student initiated deferral or suspension of enrolment

Students may initiate a request to defer commencement of studies or suspend their studies on the grounds of compassionate or compelling circumstances. Students wishing to defer the commencement of studies or suspend their studies must apply to do so in writing to the College using the Deferral or Suspension Application Form that can be submitted in person,by email, fax or post. Full details and documentary evidence of the compassionate or compelling circumstances must be included with the application for it to be considered.

If approved, the Collegewill report your deferral of commencement or suspension of studies to the Department of Education/ DIBP which may affect the status of your visa. If you require more information as to how this action may affect your visa status contact your local DIBPoffice or phone the DIBP helpline 131 881.

Student cancellation of enrolment

Students wishing to cancel the commencement of studies must apply to do so in writing to the College using the Cancellation or Release Letter Application Form that can be submitted in person,by email, fax or post. It must be supported by documentary evidence. Cancellation of enrolment will trigger the refund arrangements in the Written Agreementbetween the College and the student. Students who cancel their enrolment and think they are due for a refund must also apply for a refund. Refund applications must be made in writing to the College. The student refund application form, available from the College, may be used as the written application. Written applications for refunds will also be accepted by mail or by email. Refunds will be made within 28 days of receipt of a written application and will include a statement explaining how the refund was calculated.

The College will report your cancellation of studies to the Department of Education/ DIBP which may affect the status of your visa. If you require more information as to how this action may affect your visa status contact your local DIBP office or phone the DIBP helpline 131 881.

College initiated suspension or cancellation of enrolment

The College may decide to suspend or cancel a student’s enrolment on its own initiative as a response to breaching the student code of behaviour through misbehaviour, a poor academic record or poor participation by the student. If the College is intending to initiate a suspension or cancellation of enrolment a warning letter will be sent to the student’s currently notified address and the student will have 20 working days from the date of the warning letter to complain or appeal against the College suspension or cancellation. The College will report any suspension or cancellation to DIBP which may affect the status of your visa. If you require more information as to how this action may affect your visa status contact your local DIBP office or phone the DIBP helpline 131 881

College deferral of commencement

The College may also decide to defer the commencement of a course. If the College defers the commencement of a course the provider default conditions in the Written Agreement between the College and the student will be triggered and the College will be obliged to repay all course money within 14 days of the date of deferral unless alternative arrangements can be made which are acceptable to students. If approved, the College will report its deferral of commencement to the Department of Education/ DIBP which may affect the status of your visa. If you require more information as to how this action may affect your visa status contact your local DIBP office or phone the DIBP helpline 131 881.

Satisfactory progress

If international students do not have satisfactory course progress you will be reported to the Department of Education// DIBP which may lead to cancellation of your visa. Unsatisfactory academic progress is defined in the ESOS National Code as failing more than 50% of units in any two consecutive study periods. If this occurs the College will report you to the Department of Education/ DIBP. A study period is 10 weeks ofstudy.

The College will monitor all students academic progress, identify students who are “at risk” of breaching this requirement and act to assist student who are “at risk” through meetings and counseling sessions.

Being “at risk” of not meeting satisfactory course progress requirements occurs when a student:

Fails more than 50% of units in a study period; or
Is unable to complete a course within the expected duration of study as recorded on the CRICOS register after having their program reviewed by the Director of Studies; or
Is absent for 28 consecutive days without prior approval or a medical certificate from a registered medical practitioner.

Failing a unit means being assessed as “Not Yet Competent” for a completed unit

All students identified as being “at risk” (during the study period or at the end of the study period) of not meeting satisfactory course progress requirements will be sent a warning letter requiring them to attend a course counseling interview using the appropriate student course progress warning letters.

In order to have the best chance of maintaining satisfactory progress you must:

Attend all theory and practical classes and pay attention to the work and activities undertaken in class
Study the theory and practice the skills that are taught in class
Ensure that you are present for all assessment activities scheduled by the teachers
Make an appointment with the student contact officer if you are having any difficulties with your studies

School-aged dependents

There are requirements for compulsory school attendance for children or dependents of international students. In Victoria it is compulsory for children to attend school until the age of 17. The choice of schools includes public schools, private schools and religious schools. People over the age of 17 can continue to attend school until they have completed year 12. Dependents of persons holding a student visa may be required to pay full fees in any school, College or university that they enrol in whilst in Australia.

Student transfer

Under the ESOS Framework, the College cannot enrol students seeking to transfer from another College before that student has completed 6 months of their principal course of study except in some circumstances. If you want to transfer before completing 6 months of your principal course, you need to ask the College for a Release Letter. The six months is calculated as six calendar month from the first day of your principal course. Your principal course is usually the final course of study you will undertake. For example, if you are studying ELICOS followed by a Diploma program, the Diploma program is your principal course. If you are considering requesting a transfer before completing 6 months of your principal course of study please contact the College administration for a copy of the Transfer Between Registered Providers Policy and Procedure and the Cancellation or Release Letter application form.

Students do not need a Release Letter if:

You have completed more than 6 months of your principal course
You are a government sponsored student, and their sponsor supports a transfer
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

Use of personal information

Information is collected during your enrolment in order to meet the College obligations under the ESOS Act 2000(Cth) and the National Code 2007; to ensure student compliance with the conditions of their visas and their obligations under Australian immigration laws generally. The authority to collect this information is contained in the Education Services for Overseas Students Act 2000, the Education Services for Overseas Students Regulations 2001 and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 for International Students.

Information collected about you during your enrolment can be provided, in certain circumstances, to the Australian Government and designated authorities In other instances information collected during your enrolment can be disclosed without your consent where authorised or required by law, this includes the Australian Skills Quality Authority (ASQA) reported under the Australian Vocational Education and Training Management Information Statistical Standards (AVETMISS).

The Education and Training Reform Act 2006 requires the College to collect and disclose a students personal information for a number of purposes including the allocation of a Victorian Student Number, Unique Student Identifier and updating personal information on the Victorian Student Register.You have a right to access and correct your personal information in accordance with privacy legislation and the College’s Privacy Policy and Procudures

The ESOS Framework – Providing quality education and protecting your rights

The Australian Government wants international students to have a rewarding, enjoyable and safe experience when they come to Australia to study. Australia’s education and training system offers high quality services and protection for international students to ensure they make the most of their time here.

The laws that protect international students form the Education Services for Overseas Students (ESOS) framework. They include the Education Services for Overseas Students Act 2000 and the ESOS National Code.

Protection for overseas students

As an overseas student on a student visa, you must study with an education provider and in a course that can be found on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) at http://cricos.dest.gov.au CRICOS registration guarantees that the course and the education provider at which you study meet the high standards necessary for overseas students. Please check carefully that the details of your course − including its location − match the information on CRICOS.

Your rights

The ESOS framework protects your rights, including:

Receive current and accurate information about the courses, entry requirements, all fees, modes of study and other information from your provider and your provider’s agent before you enrol
Sign a written agreement with your provider before or at the time you pay fees, setting out the services they are providing, the fees you are required to pay and information about refunds of the money you paid for the course and the circumstances in which this would be appropriate. You should keep a copy of your written agreement
Get the education you paid for. The ESOS framework includes tuition (consumer) protection that will allow you to receive a refund or to be placed in another course if your provider is unable to teach your course (that is, the provider defaults)
Access complaints and appeals processes
Request to transfer to another provider and have that request assessed.

The ESOS framework sets out the standards Australian education providers offering education services to overseas students must obey. These standards cover a range of information you have a right to know and services that must be offered, including:

Orientation to help you understand the course and more about the place you are studying, as well as access to support services that can help you study and adjust to life in Australia
The education provider’s contact officer or officers for overseas students
What your provider’s requirements are for satisfactory attendance
What your provider’s requirements are for satisfactory progress in the courses you study and
What support is available if you are not progressing well
If you can apply for course credit and the circumstances in which your enrolment can be deferred, suspended or cancelled
A complaints and appeals process.

One of the standards does not allow another education provider to enrol a student who wants to transfer to another course, but has not completed six months of the final course of study you plan to undertake in Australia. If you want to transfer beforehand you need your provider's permission.

If you are under 18, to ensure your safety, you will be granted a visa only if there are arrangements in place for your accommodation, support and welfare.

Your responsibilities

As an overseas student on a student visa, you have responsibilities to:

Complying with your student visa conditions
Ensuring you have and continue to maintain your Overseas Student Health Cover (OSHC) for as long as you stay in Australia as a student
Telling your provider if you change your address or other contact details
Meeting the terms of the written agreement with your education provider
Meeting the restriction on transfer between registered providers
Maintaining satisfactory course progress
Maintaining satisfactory attendance where applicable.