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Refund Policy and Agreement

The information on this page can be downloaded as a PDF file here.

1.         Responsibilities of the ACTh and its Affiliated Colleges:

(a)    The ACTh (as the legal entity for all courses and the Provider) ensures that no fees for a course from an overseas student, or an intending overseas student, are accepted if the ACTh has not given the student a copy of the following refund policy and agreement:

REFUND POLICY and AGREEMENT FOR OVERSEAS STUDENTS

The Australian College of Theology (ACTh, the College) has developed this policy and agreement in accordance with Section 28(1) of the ESOS Act 2000 and the National Code 2007.

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 (ESOS National Code, Standard 3.2.d).  Moreover, the dispute resolution procedures of the ACTh do not circumscribe the student’s right to pursue other legal remedies, such as action under Australia’s consumer protection laws.

A copy of this policy must be given to all intending and enrolling overseas students before any course fees are paid.  This policy and agreement is available on the ACTh website (www.actheology.edu.au).

Affiliated colleges may levy a non-refundable Application Fee. 

Tuition fees for ACTh courses are subject to annual review and the annual tuition fee for a calendar year of study may change on 1 January each year.  Thus, tuition fees for units studied will be at the rate applicable at the time of study.

Overseas students are required to pay their tuition fees up-front in full for the first half-year of full-time study (16cps), unless other arrangements have been agreed to in writing by the Registrar of the affiliated college at which the student proposes to enrol.  The amount of the fees due at their enrolling college will take account of any subsidy provided by the college.

In the event that the information supplied by an applicant which was the basis for an offer of admission to a course is found to have been incorrect or insufficient for the offered course or to gain admission to another College course, the College shall withdraw the offer and 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.*
* This fee is not applicable in Western Australian affiliated colleges.

Overseas students are obliged to make up-front payments of tuition and other fees normally no later than the first day in each study period of teaching of units in their course.  Tuition fees will be charged according to the unit load for the next study period.

While the new National Code no longer requires overseas students to enrol in a full-time unit load each study period, they are required to complete the enrolled course within the time frame as stated on the student’s Confirmation of Enrolment (CoE) document.  This means that if overseas students elect to take less than a full-time load in any study period, they need to keep in mind how they will organize their unit load in future study periods in order to complete the course on time.

Refunds if the student defaults

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

After enrolment students will be subject to the provisions of the Variation of Enrolment policy as it relates to withdrawing from units and courses and the consequences according to the time in a study period that the action occurs. The Variation of Enrolment policy is available on the College’s website: www.actheology.edu.au. A summary of the implications of the policy as relating to overseas students withdrawing from units and courses is available at appendix A-C in this policy.

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.

Other information concerning the refund of tuition fees

The Registrar of the affiliated college at which a student is enrolled must pay the refund or respond to the request for a refund within four (4) weeks of receipt of the written claim from a student.  Refunds will normally be made in the same currency as the fees were originally paid and will be made in the student’s home country except in documented special 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 an offer of a place to study in that institution.

A notice of withdrawal due to special circumstances may be accepted as grounds for a total refund of fees, subject to the provision of acceptable documentary evidence in support of the application for a refund. Special circumstances include, but are not limited to::
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.

(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 DEEWR
  • 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).

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2.         Responsibilities of overseas students on a student visa:

(a)    An overseas student will normally be enrolled in full-time only. Although the new National Code no longer requires this for each study period, students are required to complete the enrolled course within the time frame as stated on the student’s Confirmation of Enrolment (CoE) document.  This means that if overseas students elect to take less than a full-time load in any study period, they need to keep in mind how they will organize their unit load in future study periods in order to complete the course on time. 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.

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