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Refund for International Students Procedure

Purpose
Scope
Definitions
Actions
Total Refunds
Partial Refunds
Refunds for Students who obtain Permanent Resident Visa Status
No Refunds
Credit Balances
Process For Claiming Refunds
Payment of Refunds
Responsibilities
Policy Base
Associated Documents
Forms/Record Keeping
Implementation

Purpose

The University of Ballarat under the ESOS Act 2000 and the National Code 2007 must have in place a Refund Policy and Procedure which is to be provided international students studying in Australia on a student visa, before formalisation of their enrolment.

Scope

This Refund Procedure applies to:

  • International students studying off shore, and to those students who are ‘overseas students’ as defined in the National Code.
  • Staff of the University of Ballarat involved in the payment and refund of international tuition fees payed to the University of Ballarat.

Definitions

Application Fee:

The fee payable, if any, set out in the Student Agreement to make an Application to study the Course at the University. The Application Fee, if applicable, comprises:

  • a non-refundable fee covering the cost of registration, and
  • a non-refundable airport reception and accommodation booking fee (where applicable).

The Application Fee is subject to change.
Administration Fee: The fee payable to cover costs involved when a student withdraws from a course up to 20 working days before or after commencement of term. The Administration Fee is subject to change.
Census Date: The date on which a student's enrolment is taken to be finalised.
Course: A Full-time Registered course or program offered by the University and registered in accordance with the requirements of the ESOS Act.
Course Money:

The money received by the University for providing the Course to the Student and includes:

  • tuition fees,
  • any amount received by the University that must be paid to a registered health benefits organisation on behalf of the Student; and
  • any other amount the Student has paid, directly or indirectly, to the University in order to undertake the Course.
Domestic Place Commonwealth assisted funded place.
Domestic Student: Refers to all students who are not overseas fee-paying students.
ESOS Act: The Education Services for Overseas Students Act 2000 of the Commonwealth of Australia, as amended from time to time.
Full-time: The normal amount of study for a particular Course which is approved by the accrediting authority for the Course.
National Code: The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students, established pursuant to Part 4 of the ESOS Act, as amended from time to time.
Principal Course: The main course or program of study to be undertaken by a Student where a Student visa has been issued for multiple courses of study. The principal course or program of study would normally be the final course or program of study where the overseas Student arrives in Australia with a student visa that covers multiple courses.
Student: A Student who is enrolled at the University and includes both prospective Students and enrolled Students who are ‘overseas students’ as defined in the National Code and hold student visas as defined by the ESOS Act, and to students of the University who do not hold student visas and are studying off shore but does not include Domestic Students.
Term: Study Period. Also know as semester or teaching period
Tuition Fees: The fees for enrolment in a Course or Program determined by the University and advised in both the Student Agreement, and the Letter of Offer attached to the Student Agreement, as being the tuition fees for the Course or Program (per term).

Actions

Actions required to meet this procedure are outlined in the following sections:

Total Refunds.

Partial Refunds.

Refunds for Students Who Obtain Permanent Resident Visa Status.

No Refunds.

Credit Balances.

Process For Claiming Refunds.

Payment of Refunds.

Total Refunds

  1. Tuition fees and any Application fees will be refunded in full where:
    1. the Course does not start on the agreed starting date which is notified in the Letter of Offer;
    2. the Course stops being provided after it starts and before it is completed;
    3. the Course is not provided fully to the Student because the University has a sanction imposed by a government regulator; or
    4. an offer of a place is withdrawn by the University and no incorrect or incomplete information has been provided by the Student.
  2. In the unlikely event that the University is unable to deliver the Course in full, the Student will be offered a refund of all the Course Money paid by the Student to date for that Course. The refund will be paid within 2 weeks of the day on which the Course ceased being provided. Alternatively, the Student may be offered enrolment in an alternative course by the University at no extra cost. The Student has the right to choose whether to seek a full refund of Course Money, or to accept a place in another course. If the Student chooses placement in another course, the University will ask the Student to sign a document to indicate acceptance of the placement.
  3. A full refund, less any Application fee will be provided to the Student where:
    1. a Student is unable to obtain a student visa;
    2. illness or disability prevents a Student from taking up the course;
    3. a Student fails to meet the English or other requirements for admission for the course;
    4. prior to the commencement of a term, the Student has been excluded from the University for failure to meet progression rules and where fees were paid in advance of notification of the exclusion;
    5. there is death of a close family member of the Student (parent, sibling, spouse or child); or
    6. other special or extenuating circumstances, including political, civil or natural events, are accepted at the discretion of the Vice Chancellor of the University, or his or her nominee, as preventing a Student from taking up the course.
  4. Where an Application for Refund is made under Total Refunds Item 3, the Student must provide at the time of making the application documentary evidence to the satisfaction of the University in support of one or more of the grounds listed in Total Refunds Items 3 (i-vi).

Partial Refunds

  1. Partial refunds of the amounts specified below will be provided in the following circumstances:
    1. where the University withdraws an offer based on incorrect or incomplete information supplied by the Student, all fees paid for the term period are refundable less a $1000 (including GST of 10%) Administration fee and any Application fee;
    2. where a Student, after accepting an offer of a place, withdraws from a course more than 20 working days before the commencement of a term, 100% of the Tuition fees paid for that term and any following terms are refundable less a $1000 (including GST of 10%) Administration fee and any Application fee;
    3. where a Student, after accepting an offer of a place, withdraws from a course between 20 working days before the commencement of a term and 20 working days after the commencement of a term, 50% of the Tuition fees paid for that term and all of the Tuition fees for any following terms are refundable less any Application fee.
    4. where a student withdraws more than 20 working days after commencement - no refund.

Refunds for Students who obtain Permanent Resident Visa Status

  1. Permanent resident status is recognised as from the date of the Visa Grant Letter.
  2. If a Student is granted Australian permanent resident status before enrolling in a Course but after the date of the Letter of Offer for the Course:
    1. the fee paying overseas place will be withdrawn;
    2. if the Student still wishes to study at the University he or she must apply for a domestic place and will be subject to the selection criteria and fees applicable to domestic applicants for that course; and
    3. if the Student has already paid the Tuition fees applicable to overseas Students for the term, or any future terms, a total refund of these fees is payable to the Student.
  3. If a student is granted Australian permanent resident status after enrolling in a Course but before the Census date for the Course:
    1. the student will be eligible for a domestic place and will be subject to the selection and fees applicable to domestic applicants for that course;
    2. if the Student has already paid the Tuition fees applicable to overseas Students for the term, or any future terms, a total refund of these fees is payable to the Student.
  4. If a student obtains permanent resident status after the census date in a term, the student will remain classified as an international student for the remainder of that term and will be liable to pay the international tuition fee for that term. From the following term, the student will be classified as a permanent resident.

No Refunds

  1. A Student who withdraws or defers from a Course more than 20 working days after the commencement of a term shall not be eligible for a refund for that term except for the reasons outlined in Total Refunds Items 3 (i-vi).
  2. A Student whose enrolment is either suspended or cancelled by the University for whatsoever reason during a term, including but not limited to misbehaviour or non-payment of fees to the University, shall not be eligible for a refund for that term.
  3. A Student whose visa is cancelled during a term or term shall not be eligible for a refund.

Credit Balances

  1. Students can apply for a refund of a credit balance, created by overpayment, only if they have no other debts owing to the University. Refund of overpayments will only be made in the currency of the student’s country of permanent residence and payable in that country.
  2. Normally overpayment (excess payment) of Student Tuition Fees resulting in a credit balance on the Student’s account will automatically be transferred as payment or part payment of the Student’s fees payable for the next term or to other outstanding debts owing to the University. It is the responsibility of the student to be aware of all credit amounts (excess payments) on their account and to maintain current address and contact details.
  3. Credit amounts on a student’s account up to and including $100AUD will be forfeited to the University and processed as a forfeit of an insignificant credit balance. The University deems that credit balances are insignificant balances if the credit balance is less than $100 and the student’s program status is inactive for more than one (1) term.
  4. Student’s with unclaimed credit amounts greater than $100AUD will be notified in writing of their credit amount if the student’s program status is inactive for more than one (1) term. If refund applications are not received within twelve (12) weeks of the date of this written communication, credit balances will be deemed as unclaimed and dealt with by the University according to the Unclaimed Monies Act 2008.

Process For Claiming Refunds

  1. Refund applications for full or partial refunds must:
    1. be made in writing on the Application for Refund Form; and
    2. set out the reasons for the application; and
    3. be accompanied by supporting documents as may be appropriate; and
    4. be forwarded to:
      Manager,International and Domestic Student Recruitment
      University of Ballarat
      PO Box 663
      Ballarat Vic 3350
      or
      For students studying at a Third Party Provider location
      Forward directly to your Provider
  2. The information provided by the Student on the Application for Refund Form must include:
    1. the date of the claim;
    2. the Student’s full name;
    3. the course in which the Student was enrolled;
    4. the basis for making the claim;
    5. the amount claimed;
    6. the address to which the refund is to be forwarded;
    7. the Student’s payment details;
    8. the Student’s signature, and
    9. all documents relevant to the consideration of the claim.
  3. 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 University.
  4. A Refund Calculation Statement will be prepared and forwarded to the Student and any refund will normally be made in the currency of the student’s country of permanent residence and payable in that country. Exceptions include non-tradable currencies (where the refund would normally then be paid in USD) or payment to another Australian educational institution. The University of Ballarat is not liable for any variance from the foreign exchange rates fluctuations.
  5. The funds covering the tuition fees must be cleared (i.e. cheques cleared, telegraphic transfers received etc).
  6. All debts to the University of Ballarat must have been paid before any refund can be calculated with any outstanding amounts to be deducted from the refund.
  7. 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 University's Student Complaints and Appeals Procedures.
  8. 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.

Payment of Refunds

  1. Applications for refunds for Students must be authorised by the Vice Chancellor or his or her nominee.
  2. Where:
    1. the Course does not start on the agreed starting date; or
    2. the University stops the Course after it starts and before it is completed; or
    3. the Course is not provided fully to the Student because the University has a sanction imposed by a government regulator,

and the Student has requested a full refund of fees rather than placement in an alternate course, the refund of fees will be paid in full to the Student within 2 weeks.

  1. In any other circumstance, the University will refund the amount within 4 weeks after receipt of the completed and signed Application for Refund Form together with appropriate supporting documents.
  2. The date of the notification for application for refund is the date the completed and signed Application for Refund is received by the University of Ballarat.

Responsibilities

  • Finance Department.
  • International Student Programs Office.
  • Third Party Providers.

Policy Base

Associated Documents

  • Refer to Forms.
Forms

Forms/Record Keeping

Title Location Responsible Officer Minimum Retention Period
UB International Refund Request Form Student File /
Finance Refund File		 Manager, ISP /
Third Party Provider /
Finance Student Fees Officer		 7 years
UB International Refund Calculation Statement Student File /
Finance Refund File		 Manager, ISP /
Third Party Provider /
Finance Student Fees Officer		 7 years

Implementation

This Procedure will be implemented using the following strategies:

  1. An Announcement Notice under ‘UB Communicate’on the ‘myUB Gateway’website and on the ‘Recently Approved Documents’page on the University of Ballarat Policy website to alert the University-wide community of the approved Procedure.
  2. Correspondence to all Heads of Schools from the Vice Chancellor, Deputy Vice Chancellor (HE) and Deputy Vice Chancellor (TAFE) endorsing the implementation of the ESOS Framework (dated 2 June 2008).
  3. Internal training sessions conducted by the Acting Manager, Quality Services and Quality Officer, ESOS Compliance to all Heads of Schools and Departments involved in providing education services for overseas students.
  4. Documentation distribution, eg. posters, brochures, ESOS Policy and Procedure Folder.
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