Fees, Refunds Policy & Procedures

Purpose

The purpose of this policy and procedure is to outline Sydney Academy of Excellence Pty Ltd’s approach to managing fees and refunds and to demonstrate how fees paid in advance are protected by Sydney Academy of Excellence Pty Ltd.
This contributes to Sydney Academy of Excellence Pty Ltd’s compliance with Clauses 5.3, 7.3 and Schedule 6 of the Standards, as well as the ESOS Act and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 Standard 2 and 3, as well as the Education Services for Overseas Students Act (ESOS Act), 2000 and the Education Services for Overseas Students (Calculation of Refund) Specification 2014.

Definitions

ASQA means Australian Skills Quality Authority, the national VET regulator and the RTO’s registering body
DET means the Department of Education and Training
Default day means (as applicable to the type of default):

  • the agreed starting day of the course
  • the day on which the course ceases to be provided; or
  • the day on which the student withdraws from the course; or
  • the day on which Sydney Academy of Excellence Pty Ltd refuses to provide, or continue providing, the course to the student.

DHA means the Department of Home Affairs
ESOS Act means Education Services for Overseas Students Act 2000
The National Code means National Code of Practice for Providers of Education and Training to Overseas Students 2018
SRTOs means the Standards for RTOs 2015 – refer definition of ‘Standards’
Standards means the Standards for Registered Training Organisations (RTOs) 2015 of the VET Quality Framework which can be accessed from www.asqa.gov.au
TPS means the Tuition Protection Service which is an initiative of the Australian Government to protect payments made from overseas students to CRICOS providers.
Tuition fee refund amount is the weekly tuition fee multiplied by the weeks in default period1.
Weekly tuition fee is (the total tuition fees divided by the number of calendar days in the course) multiplied by seven2.
Weeks in default period is (the number of calendar days from the default day to the end of the period to which the payment relates) divided by seven and rounded up to the next full number3.

Policy

1. Protection of fees paid in advance

  • Sydney Academy of Excellence Pty Ltd protects the fees that are paid in advance by both domestic and international students.
  • For domestic students, fee protection is ensured through:
    Sydney Academy of Excellence Pty Ltd does not require a student to ever pay more than $1500 in advance for services not yet provided, either prior to course commencement or at any stage during their course.
  • For international students, fee protection is ensured as follows:
    Sydney Academy of Excellence Pty Ltd pays into the Tuition Protection Service (TPS). The TPS is an initiative of the Australian Government. The role of the TPS is to assist international students whose education providers are unable to fully deliver their course of study. The TPS ensures that in such circumstances international students are provided with either an alternative suitable course with another education provider or a refund of their unspent tuition fees.
    In accordance with Section 27 of the ESOS Act, 2000 (Cth), Sydney Academy of Excellence Pty Ltd does not require international students to pay more than 50% of their course fees prior to course commencement. Note, however, that where a course is less than 25 weeks, Sydney Academy of Excellence Pty Ltd may require students to pay the full cost of the course prior to course commencement.
    All tuition fees paid in advance will be held in a separate bank account that can only be drawn down once the student has commenced their course. For the purposes of this policy, this bank account will be referred to as the trust account. These tuition fees are held in the trust account, separate from the day-to-day operating bank account, so that if a refund is payable before a student commences, a refund can be made in a timely way without impacting the financial operations of the business or recourse to the fee protection measures in place. The trust account is maintained with an Australian owned ADI (authorised deposit taking institution).
    Sydney Academy of Excellence Pty Ltd will ensure all fees received for international students are paid into this account within five days of receiving the funds.
    Sydney Academy of Excellence Pty Ltd ensures that, at all times, there is a sufficient amount in the trust account to repay all tuition fees paid in advance to every international student or incoming international student in respect of whom it has received tuition fees for r; and who have not yet begun the course for which has been paid.
    Sydney Academy of Excellence Pty Ltd will only draw down from the trust account if:
       # A refund needs to be made for tuition fees paid in advance
       # Sydney Academy of Excellence Pty Ltd has arranged for a student to be offered a place in an alternative course at its own expense and the amount is withdrawn to pay the alternative provider that students fees.
       # The amount is withdrawn to pay the TPS Director.

2. Fees and refund information

  • Sydney Academy of Excellence Pty Ltd cannot guarantee that students will successfully complete the course in which they enrol, regardless of whether all tuition fees have been paid or not.
  • A full refund will apply of any deposits paid where a student cancels their enrolment within the cooling off period of 10 business days from any direct approach marketing or sales.
    Fees and Refunds Policy & Procedures
    Fees and Refunds P&P V22 Page 4
    Sydney Academy of Excellence Pty Ltd
  • Fees information relevant to each course is outlined in detail on the Student Agreement and summarised on the Course Outline as well as in Sydney Academy of Excellence Pty Ltd’s Student Handbook. In compliance with Clause 5.3 of the Standards, detailed fee information is provided prior to enrolment and course commencement.
  • The Student Agreement and the Student Handbook which are provided prior to enrolment includes this Fees and Refunds Policy and Procedure and informs the student of their consumer rights. Students are required to sign the Student Agreement in acknowledgement of the terms and conditions of the enrolment and this policy.
  • Fee information provided to domestic and international students includes:
    − All course fees and payment schedules for when those fees will be due.
    − Any additional charges that may apply and the circumstances in which they apply.
    − This fees and refunds policy.
  • Where an employer is paying for a student’s course, an Employer Agreement will be provided at the time of enrolment outlining the total fees, payment terms and schedule of payments applicable.
  • Where tuition fees are required to change due to unforeseen circumstances, Sydney Academy of Excellence Pty Ltd will advise students in writing of the reasons and allow students to receive a full refund of unused tuition fees where a revised payment agreement with the student cannot be reached for the additional fees

3. Written agreements for international students

For international students, fee information is always provided prior to enrolment or receipt of payment as per the requirements of the National Code 2018 Standard 2 and 3. For international students, the written agreement also specifies:


− upfront payment options including that:


   # Sydney Academy of Excellence Pty Ltd does not require international students to pay more than 50% of the course upfront where the course is 25 weeks or more in duration, however, may require it for courses that are shorter than 25 weeks.
   # International students (or the person paying fees on their behalf) may choose to pay more than 50% tuition fees before their course commences.
   # Where a student chooses to pay more than 50% upfront, the remaining amount will be collected according to an agreed payment schedule.


− all tuition fees payable by the student for the course and, the periods to which those tuition fees relate.


− details of any non-tuition fees the student may incur, including fees that may be incurred because of having their study outcomes reassessed, deferral of study, fees for late payment of tuition fees, or other circumstances in which additional fees may apply.


− advice on the potential for changes to fees over the duration of a course.


− a statement that “This written agreement, and the right to make complaints and seek appeals of decisions and action under various processes, does not affect the rights of the student to take action under the Australian Consumer Law if the Australian Consumer Law applies”.


− refund requirements that apply if the student defaults in relation to a course at a location.


− amounts that may or may not be repaid to the student (including any tuition and non-tuition fees collected by education agents on behalf of Sydney Academy of Excellence Pty Ltd).


− processes for claiming a refund.

− the specified person(s), other than the student, who can receive a refund in respect of the student identified in the written agreement, consistent with the ESOS Act.


− a plain English explanation of what happens in the event of a course not being delivered, including the role of the TPS.

4. Course fee inclusions

  • The Student Agreement will clearly itemise all course fees, including both tuition and non-tuition fees as they apply to the individual student enrolment offer.
  • Tuition fees payable to Sydney Academy of Excellence Pty Ltd include:

    All of the education, training and assessment services required for students to achieve the qualification or course in which they are enrolling within the attempts allowed.

    One copy of the required textbooks and learning materials for each student unless otherwise stated on the Course Outline (these may be separately outlined as a materials fee).

    Issuance of one set of certification documents including:
  • For VET courses either:
  • the Testamur (or qualification) and record of results – where a qualification is completed, or;
  • or Statement of Attainment (for single units or in the case of withdrawal or partial completion).
  • Tuition fees may also include (where relevant):

    RPL Fees (application and per unit costs).

    Additional fees that apply for re-enrolment of a VET unit of competency, where a student fails to achieve a satisfactory outcome after three attempts at an assessment tasks.

    An upfront deposit amount required to be paid prior to commencing.
  • Non-tuition fees which may be payable to Sydney Academy of Excellence Pty Ltd in some circumstances/as applicable and which may include (as specified in the Student Agreement):

    Re-issuance or additional copies of certification documents will attract a fee of $50 per document, plus postage if required.

    Fees for deferral of study, late payment of tuition fees, or other circumstances in which additional fees may apply.

    Any optional textbooks and materials that may be recommended but not required to complete a course.

    Replacement textbooks if original copies are lost or misplaced. Costs for replacement textbooks are outlined on the Student Agreement.

    Printing and photocopying charges

    Credit Card or other surcharges

    Fees for insurance to be organised by Sydney Academy of Excellence Pty Ltd.

    Deferral, suspension or transfer fees
  • Non-tuition fees are generally not refundable, unless special circumstances apply beyond the students control and/or products or services have not been provided.
  • Fees payable to Sydney Academy of Excellence Pty Ltd do not include: –
    Personal computers, cameras or personal devices that might be needed to complete coursework.

    Uniform (if required for placement)

    Stationery such as paper and pens.

    Airport pick ups/transport.

    Excursions (unless stated on the Course Outline)

    Living expenses (guidance about indicative costs is in the International Student Handbook).

5. Payments

  • Payments can be accepted by cash, direct debit, or credit card.
  • Students who are experiencing difficulty in paying their fees are invited to call our office to make alternative arrangements for payment during their period of difficulty.
  • Debts may be referred to a debt collection agency where fees are more than 40 days past due.
  • Sydney Academy of Excellence Pty Ltd reserves the right to suspend the provision of courses and/or other services until fees are brought up to date. Students with long term outstanding accounts may be withdrawn from their course if payments have not been received and no alternative arrangements for payment have been made.
  • International students who do not pay their fees on time will receive two warnings regarding non-payment of fees and thereafter will be reported to the Department of Home Affairs (DHA) via PRISMS under student default.
  • Receipts of payments made by international students will be kept for at least two years after the person ceases to be an active student.

6. Refunds - Provider Default (e.g. postponed or cancelled courses)

  • Students who withdraw from a course may seek a refund by making an application for a refund in writing using the Application for Refund Form. The application must include the details and reason for the request. Students who are withdrawing and have not completed a Withdrawal Form are not eligible for consideration of a refund.
  • Applications will be considered in accordance with the refund circumstances outlined below. The outcome of the refund assessment will be provided in writing to the student’s registered address within 4 weeks, outlining the decision and reasons for the decision along with any applicable refund or adjustment note.
  • Refunds will be paid to the student or another person where this is specified the student’s written agreement.
  • Refund decisions can be appealed following our Complaints and Appeals Policy.

7. Refunds due to an International Student’s Visa Refusal (student default)

Reference
Circumstance
Refund entitlement and calculation

8. Refunds due to an International Student withdrawing (student default)

Reference
Circumstance
Refund entitlement and calculation

13. Refunds process - where a course is cancelled by Sydney Academy of Excellence Pty Ltd

  • In the unlikely event that Sydney Academy of Excellence Pty Ltd or any third parties responsible for delivering courses on its behalf, is unable to deliver the course or any portion of the course as agreed, within 14 days of the course ceasing to be delivered, the student will be issued with either:

    a refund for the course or portion of course that was not provided – see clause 15 for further details.

    an offer for a placement into an alternative course at no additional cost which the student also accepts in writing within the 14 days from the date the course ceases to be delivered.
  • In such cases, Sydney Academy of Excellence Pty Ltd will automatically conduct a refund assessment of all affected students and contact students to either offer a suitable alternative course or a refund. In these cases, there is no need for a student to make an individual application for a refund.
  • For international students whose course ceases to be delivered the Tuition Protection Service can assist students in finding an alternative course or to get a refund if a suitable alternative is not found.

16. Recording and payment of refunds

  • Records of refund assessments and issuance of refunds will be stored securely on the student’s file and in our accounts keeping system.

17. Default obligations and notification

  • Where provider default applies Sydney Academy of Excellence Pty Ltd will:
    − record the default in PRISMS (thereby reporting to the Australian Government) within 3 business days of the day of default.
    − discharge its obligations within 14 business days of the day of default, by either:
    o offering an alternative suitable course to a student which the student has accepted.
    o refunding amounts due in accordance with this policy.
    − record outcome of the discharge of its obligations in PRISMS within 21 business days of the day of default.
  • Where a student defaults for any of the reasons below, Sydney Academy of Excellence Pty Ltd will record the default in PRISMS (reporting the student to the Australian Government) within 4 weeks of the day of default:
    − A student has been granted a refund in accordance with this policy.
    − A student has been granted a refund due to a non-compliant written agreement.
    − The student has defaulted due to Visa refusal for one or more of the following acts or omissions by the student that directly or indirectly caused the student to default in relation to the course at the location:
    o the student’s failure to start the course at the location on the agreed starting day;
    o the student’s withdrawal from the course at that location;
    o the student’s failure to pay an amount he or she was liable to

18. Publication

  • Sydney Academy of Excellence Pty Ltd will publish this policy in the Student Handbook, on its website and in the Student Agreement.

Procedures

  1. Student fees
    Refer
    • SRTOs: Clauses 5.3, 7.3
    • National Code: Standard 3
Procedure
Responsibility
a. Deposit invoices • All domestic student fee-payers should pay their enrolment deposit (where applicable) upon enrolment, prior to course commencement. • All international students should pay their enrolment deposit upon enrolment. • Ensure there is a signed written Student Agreement on file before invoicing. • Raise an invoice for the amount in line with the payment schedule for the relevant course. • Fee-payers have 14 days to pay an invoice. • Keep a copy of the invoice on the student’s file.
b. Fee instalment invoices • Charge fee instalments in line with the relevant payment schedule for the course, outlined on the Student Agreement/ Course Outline. • Ensure all payment terms, conditions and amounts are as indicated on the invoice unless a record of an agreed or advised change is in writing and the conditions of such a change were outlined on the initial agreement. • Students have 14 days to pay an invoice. • Keep a copy of the invoice on the student’s file.
c. Receiving payments • Fees for international students may not be collected until the Student Agreement has been signed. • Record payments against the relevant invoice on the accounting/financial system • Provide the student with a receipt. • Ensure receipts for payments from international students are retained for at least 2 years after the first payment is received.
d. Managing overdue fees – domestic students • Send out statements monthly to students to show outstanding fees. • Call students where payments are more than 14 days overdue. • Any student with an invoice over 40 days past due should be referred to the debt collection agency. Refer to the Student Support Officer (SSO)/CEO about suspending enrolment until fees are brought up to date. If the enrolment is suspended, send a letter to the student advising of suspension until payment is made. Advise academic staff/trainers. • Where fees continue to be unpaid, refer to Student Support Officer (SSO) to consider withdrawal.
Refer to the Student Support Officer (SSO)/CEO about suspending enrolment until fees are brought up to date. If the enrolment is suspended, send a letter to the student advising of suspension until payment is made. Advise academic staff/trainers. • Where fees continue to be unpaid, refer to Student Support Officer (SSO) to consider withdrawal.

   2. Refunds
   Refer
   • SRTOs: Clauses 5.3, 7.3
   • ESOS Act, 2000 (Cth): Sections     46A, 46D, 47A, 47D, 47E
   • National Code: Standard 3

Procedure
Responsibility
A. Processing refunds – domestic students • If a course is cancelled by Sydney Academy of Excellence Pty Ltd, students who have enrolled and paid their enrolment deposit should be automatically issued a refund. Notify them in writing and issue refund. Record on file. • Students who withdraw from their course and seek a refund are to make a request for a refund in writing. • To make an assessment of a refund due, consider the services the student has received. Consider the following: − Enrolment deposit is non-refundable – this covers administration time for enrolment and induction process. − Text books provided − Training /education/assessment services received – number of classes attended/ visits received/ online training − Individual support provided by the trainer/assessor − Assessments marked • Consider the costs incurred by Sydney Academy of Excellence Pty Ltd as per above, plus the fees paid by the student to calculate a suitable refund. Refund assessments are to be approved by CEO/Finance Manager. • Notify the student in writing of the outcome of the refund assessment and make payment of refund where applicable. • Keep a copy of the refund assessment on the student’s file.
B. Processing refunds – provider default (international students) • Where Sydney Academy of Excellence Pty Ltd may be able to offer a suitable alternative course to a student (instead of a refund), ensure the offer is made in writing to the student within 7 days, and follow up with student prior within 10 days. If the offer is not accepted, issue a refund within 14 days as below. • Automatically issue a refund within 14 days to students who have enrolled and paid their enrolment deposit and the course is cancelled prior to commencement. • Automatically issue a refund to students within 14 days where the course has commenced but is cancelled. • Notify students to whom refunds are automatically issued in writing and issue refund. Record on file. • All other students who withdraw from their course and seek a refund are to make a request for a refund in writing. • Assess refund as per this Policy, noting all considerations and associated charges. CEO/Student Support Officer (SSO) approves refund assessment. • Notify the student in writing of the outcome of the refund assessment and make payment of refund where applicable. • For student default, process refunds within 4 weeks of the default date. • Keep a copy of the refund assessment on the student’s file.
C. Processing refunds – student default (international students) • All other students who withdraw from their course and seek a refund are to make a request for a refund in writing. • Assess refund as per this Policy. • Calculate the relevant refunds using the Refund Calculation Worksheet. • CEO/Student Support Officer (SSO) approves refund assessment. • Notify the student in writing of the outcome of the refund assessment and make payment of refund where applicable. • Process refunds within 4 weeks of the default date. • Keep a copy of the refund assessment on the student’s file.

   3. Notify of default and discharge of obligations
   Refer
  • ESOS Act, 2000 (Cth): Sections       46B & 46F & 47H

Procedure
Responsibility
A. Notification of Provider of Student Default in PRISMS • Within 3 business days for Provider default or 4 weeks for student default, locate the correct COE − record the circumstances and details of the default day • In the case of provider default - record the discharge of obligations (refund or alternative course provided) against the default within 14 days of the default day.
Document Control
Document No. & Name:
Quality Area:
Author:
Status:
Approved By:
Approval Date:
Review Date:
Standards (SRTOs):
Standards (National Code):