In the event that an offer of a place is withdrawn by the College on the grounds that the original offer was made on the basis of incomplete or incorrect information supplied by the student, the College reserves the right to withhold 10% of the tuition fees paid for the first half-year (or $1000 whichever is the lesser amount) and to refund the balance.

A student may withdraw from a unit or course at any time during their course of study.  However, students and colleges need to be aware of the consequences of such an action based on the National Code 2007. 

1.       Up until the Administrative Date associated with a unit, students may withdraw from the unit (discontinue enrolment in the unit) with no academic or financial penalty. 
(a)      Any up-front payments made in relation to the unit will be refunded in full. 
(b)      The unit will be deleted from the enrolment record of the student. 
(c)      All students withdrawing from a unit prior to the Administrative Date will normally be obliged to return all unit material distributed – according to college policy. 
2.         After the Administrative Date and up until the Census Date associated with a unit, students may withdraw from the unit (discontinue enrolment in the unit) with no academic penalty.
(a)     Any upfront payment made in relation to the unit will be refunded.  However, 10% of the normal tuition fee will be deducted per week up until the Census Date.  After that date no upfront payments will be refunded.
(b)     The Variation of Enrolment Fee must be paid prior to lodgement of the request to withdraw from the unit.
(c)     The unit will remain on the enrolment record with a grade of W (Withdrawal) but not print on a student’s transcript.
(d)     If a student is able to prove to the satisfaction of college Registrar that special circumstances were associated with their withdrawal from the unit after the Administrative Date, they will be deemed to have withdrawn from the unit before the Administrative Date and be treated as in (1).
3.         After the Census Date and up to the Withdrawal Date associated with a unit, students may withdraw from the unit (discontinue enrolment in the unit) with no academic penalty but up-front payment liabilities normally remain.
(a)        Normally fees paid up-front will not be refunded. 
(b)        The unit will remain on the enrolment record of the student with a grade of W (Withdrawn). 
(c)        If a student is able to prove that special circumstances were associated with their withdrawal from the unit after the Census Date, they will be deemed to have withdrawn from the unit before the Census Date and be treated as in (1).
4.         After the Census Date and after the Withdrawal Date associated with a unit, students may withdraw from the unit (discontinue enrolment in the unit) with an academic penalty but up-front payment liabilities normally remain. 
(a)        Normally, any up-front payments will not be refunded. 
(b)        The unit will remain on the enrolment record of the student with normally a grade of FW (Failed to withdraw by the Withdrawal Date). 
(c)        If a student is able to prove that special circumstances associated with their withdrawal from the unit after the Census Date, they will be deemed to have withdrawn from the unit before the Census Date and be treated as in (1) (without application of the withdrawal fee but with the grade CW – compassionate withdrawal - awarded).

Refunds if the provider defaults

Refunds if the registered provider defaults cannot be covered by a written agreement between the provider and the student.  Such situations are covered by the provisions of the ESOS Act 2000 and the ESOS Regulations 2001.  Students are advised that the ACTh is a member of the Tuition Assurance Scheme of the Sydney College of Divinity.

As an alternative to making a payment required by this provision of the Act, the registered provider (or former registered provider) may arrange for another course, or part of a course, to be provided to the student at the provider’s expense.

The provider must pay the refund or respond to the request within four (4) weeks of receipt of the written claim from the student by the Registrar of the enrolling college.  Refunds will normally be made in the same currencies as the fees were originally paid and will be made in the student’s home country except in documented exceptional circumstances.

As it is the student only who enters into the written agreement with the affiliated college, and no third party is normally involved, the refund will normally be paid to the student.  If the student wishes the refund to be paid to someone else (eg. in the event that the tuition fees were paid by another person), the student must provide a letter of authority signed by the student and the receiving party, including account details of the receiving party, enabling the college to pay the other party.  The letter should be attached to the request for refund.

In circumstances where a student is approved to study at another institution in Australia, any refund must be paid directly to the new institution accepting the student.  Refunds in the form of transfer of fees to another institution will be made subject to the student presenting evidence of acceptance into that institution.

A notice of withdrawal due to exceptional circumstances may be accepted as grounds for a total or partial refund of fees, subject to the provision of acceptable documentary evidence in support of the application for a refund. Exceptional circumstances may include:

• inability to obtain a student visa
• illness or disability
• failure to meet English language requirements for admission
• death of the student or a close family member (parent, sibling, spouse or child)
• political, civil or natural event which prevents full payment of fees.

This policy and agreement, and the availability of the ACTh Dispute Resolution Policy for International Students, do not remove the right of the student to take further action under Australia’s consumer protection laws.  Moreover, the dispute resolution procedures of the ACTh do not circumscribe the student’s right to pursue other legal remedies.

(b)    The following information will be provided, either in print or by referral to an electronic copy, by
         affiliated colleges approved to enrol overseas students to each overseas student prior to
         acceptance for enrolment in an ACTh approved course:

• the requirements for acceptance into a course, including the minimum level of English language proficiency, educational qualifications or work experience required and whether course credit may be applicable
• advice that should an applicant wish to seek credit based on previous study or RPL towards the course for which they are applying, the application for credit needs to be lodged at the same time as the application for admission and, if credit is granted and reduces the period of study, this will be reflected in the offer letter (as this is the contract with the student) and will be indicated either on the eCoE issued for that student to commence the course, or reported on PRISMS.  Such students are reminded that they must still maintain a full time study load and that credit can affect their visa status.
• a general description of the content and duration of the course
• the qualification gained on completion
• the teaching methods used and modes of study available
• the assessment methods used in the course
• a general description of the facilities, equipment, and learning and library resources available to students on their proposed campus of study
• an accurate description of the local environment in which the affiliated college operates including location of the campus and indicative costs of living and accommodation
• details of any arrangements with other providers for recognition of the course or completed components of the course
• an itemised list of all fees payable to the provider and the current Fee and Refund policy
• a description of the ESOS framework made available electronically by DEST
• a copy of the Dispute Resolution Policy for International Students

(c)     The affiliated college shall assist students to adjust to study and life in Australia, including
         through the provision of an age and culturally appropriate orientation programme that includes
         information about:

• student support services available to students in the transition to life and study in a new environment
• legal services
• emergency and health services
• facilities and resources
• complaints and appeals processes, and
• any student visa condition relating to course progress and/or attendance as appropriate.
  

(d)     The affiliated college shall provide the opportunity for students to participate in services or provide
         access to services designed to assist students in meeting course requirements and maintaining
         their attendance.

(e)    The affiliated college shall provide the opportunity for students to access welfare-related support
         services to assist with issues that may arise during their study, including course progress and
        attendance requirements and accommodation issues. These services shall be provided at no
         additional cost to the student. If the affiliated college refers the student to external support
         services, there shall be no charge for the referral.

(f)     The affiliated college shall designate a member of staff or members of staff to be the official point of
         contact for students. The student contact officer or officers must have access to up-to-date details
         of the support services provided by the affiliated college.

(g)    While not obliged to do so under the National Code 2007, the affiliated college shall monitor the
        attendance records every fortnight for non-attendance.  Procedures are in place for contacting and
        counselling a student if the student has been absent for more than five consecutive days without
         approval, or is not consistently attending their course.
           
(h)    The affiliated college shall monitor the progress of each student to ensure that at all times the
         student is in a position to complete the course within the expected duration as specified in the
         student’s CoE.  In each study period, the student shall be required to study at least one unit that is
         not by distance or online learning.

(i)    The ACTh shall monitor the progress of students in their course at the end of each study period and
        intervene in accordance with the Progression and Intervention policy which shall be provided to
         students by their college of enrolment..

(h)   The ACTh will contact the Department of Immigration and Citizenship (DIAC) if any overseas student
        is breaching the terms if their visa relating to academic performance (see [i] above).

Back to top

2.         Responsibilities of overseas students on a student visa:

(a)    An overseas student must be enrolled in full-time only.  Full-time is defined as normally not less than
         16 cps per semester, or 32 cps per year.  No more than 25 percent of the student’s total course
         may be undertaken by distance and/or online learning.

(b)    Overseas students must be aware that any school-aged dependants accompanying them to
         Australia will be required to pay full fees if they are enrolled in either a government or non-
         government school.

(c)    Overseas students are not allowed to defer commencement of their studies, or suspend their
         studies after commencement, except on the grounds of illness, evidenced by a doctor’s certificate,
         or other exceptional compassionate circumstances beyond the control of the student, for example,
         bereavement.  If a student defers or suspends their studies on any other grounds, the ACTh must
         report the student as not complying with visa conditions.

(d)    Overseas students must consistently attend classes in their course and seek approval for any
         absence expected to be longer than five consecutive days, unless prevented by illness or other
         exceptional compassionate circumstances beyond the control of the student.

(e)   Where an overseas student is required to take extra units to complete a course of study, and the
         remaining units do not constitute a full-time load, the student is not required to be enrolled in full-
         time study by the ACTh.  This may apply to students who are required to repeat a unit of study. 
         Students are not allowed to repeat any unit more than once.

(f)    Overseas students have a duty to advise the ACTh through their college of enrolment of any change
         in their contact details (i.e. Australian residential address and telephone number).  If students do
         not keep their contact details up to date and the ACTh has to send a notice informing that student
         of their failure to satisfy course requirements or to progress satisfactorily, this may result in
         automatic student visa cancellation without the knowledge of the student.  Such cancellation may
         not be revoked if it has occurred where the student has failed to keep the ACTh informed of their
         address.

(g)    Overseas students are responsible for arranging health insurance, and for maintaining the currency
         of that insurance each year.  Details of the insurance policy should be provided to the sponsoring
         college at the time of application.

(h)    Before arranging a visa, overseas students must ensure that they have the financial resources
         available to cover their tuition and other related study costs such as accommodation, health
         insurance, living expenses, childcare, etc.

Regulations:

The information provided by overseas students to the provider (the Australian College of Theology) may be made available to Commonwealth and State agencies and the Fund Manager of the Educational Services for Overseas Students (ESOS) Assurance Fund, pursuant to obligations under the ESOS Act 2000 and the National Code; and the provider is required, under section 19 of the ESOS Act 2000, to tell the Department about: (i) certain changes to the student’s enrolment; and (ii) any breach by the student of a student visa condition relating to attendance or satisfactory academic performance.

Further information:

For detailed information on accommodation resources, the local environment of the campuses, and other details of campus life, students should refer to the web pages of those affiliated colleges endorsed to enrol overseas students.  These sites can be accessed to the right of the ACTh’s home page at www.actheology.edu.au.  Each endorsed affiliated college also makes this information available in hard copy.  A copy of the marketing material of the affiliated colleges will be made available at the site inspection visits.

Back to top