Education Services for Overseas Students Act 2000 - National Code 2007 (7 March 2007)
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Registered providers are restricted from enrolling transferring students prior to the student completing six months of his or her principal course of study except for the circumstances outlined below. Registered providers, from whom the student is seeking to transfer, are responsible for assessing the student’s request to transfer within this restricted period. It is expected that the student’s request will be granted where the transfer will not be to the detriment of the student (Standard 7).
The National Code recognises that both internal and external complaint and appeals processes play a role in ensuring that grievances are appropriately heard and addressed for both the student and the registered provider. These processes will enable students to firstly seek recourse using the registered provider’s internal processes, and then if needed, through an independent, external person or body.
The complaints and appeals requirements stipulated in Standard 8 may be satisfied by the processes established by the registered provider to satisfy other regulatory requirements. As the student’s stay in Australia is subject to the period of his or her student visa, the timeliness of decision making is a consideration in the development of appropriate complaints and appeals policies, procedures and practices (Standard 8).
Standard 7 – Transfer between registered providers
Outcome of Standard 7
Registered providers assess requests from students for a transfer between registered providers prior to the student completing six months of the principal course of study in accordance with their documented procedures.
7.1 The receiving registered provider must not knowingly enrol the student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course of study except where:
the original registered provider has ceased to be registered or the course in which the student is enrolled has ceased to be registered
the original registered provider has provided a written letter of release
the original registered provider has had a sanction imposed on its registration by the Australian Government or state or territory government that prevents the student from continuing his or her principal course, or
any government sponsor of the student considers the change to be in the student’s best interest and has provided written support for that change.
7.2 The registered provider must have and implement its documented student transfer request assessment policy and procedure, which is available to staff and students. The policy must specify:
a. the circumstances in which a transfer will be granted
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b. the circumstances the registered provider considers as providing reasonable grounds for refusing the student’s request, including when a transfer can be considered detrimental to the student, and
c. a reasonable timeframe for assessing and replying to the student’s transfer request having regard to the restricted period.
7.3 The registered provider must grant a letter of release only where the student has:
provided a letter from another registered provider confirming that a valid enrolment offer has been made, and
where the student is under 18;
the registered provider has written confirmation that the student’s parent or legal guardian supports the transfer, and
where the student is not being cared for in Australia by a parent or suitable nominated relative, the valid enrolment offer also confirms that the registered provider will accept that responsibility for approving the student’s accommodation, support and general welfare arrangements as per Standard 5 (Younger students).
7.4 A letter of release, if granted, must be issued at no cost to the student and must advise the student of the need to contact DIAC to seek advice on whether a new student visa is required.
7.5 Where the registered provider does not grant a letter of release, the student must be provided with written reasons for refusing the request and must be informed of his or her right to appeal the registered provider’s decision in accordance with Standard 8 (Complaints and appeals).
7.6 The registered provider must maintain records of all requests from students for a letter of release and the assessment of, and decision regarding, the request on the student’s file.
Standard 8 – Complaints and appeals
Outcome of Standard 8
Registered providers’ complaints and appeals processes are independent, easily and immediately accessible and inexpensive for the parties involved.
8.1 The registered provider must have an appropriate internal complaints handling and appeals process that satisfies the following requirements, or can use its existing internal complaints and appeals processes as long as it meets these requirements:
a process is in place for lodging a formal complaint or appeal if the matter cannot be resolved informally, which requires a written record of the complaint or appeal to be kept
each complainant or appellant has an opportunity to formally present his or her case at minimal or no cost to him or herself
each party may be accompanied and assisted by a support person at any relevant meetings
the complainant or appellant is given a written statement of the outcome, including details of the reasons for the outcome, and
the process commences within 10 working days of the formal lodgement of the complaint or appeal and supporting information and all reasonable measures are taken to finalise the process as soon as practicable.
8.2 The registered provider must have arrangements in place for a person or body independent of and external to the registered provider to hear complaints or appeals arising from the registered provider’s internal complaints and appeals process or refer students to an existing body where that body is appropriate for the complaint or appeal.
8.3 If the student is not satisfied with the result or conduct of the internal complaint handling and appeals process, the registered provider must advise the student of his or her right to access the external appeals process at minimal or no cost.
8.4 If the student chooses to access the registered provider’s complaints and appeals processes as per this standard, the registered provider must maintain the student’s enrolment while the complaints and appeals process is ongoing.
8.5 If the internal or any external complaint handling or appeal process results in a decision that supports the student, the registered provider must immediately implement any decision and/or corrective and preventative action required and advise the student of the outcome.