Purpose

This policy sets out the conditions under which the refund of tuition fees may be granted for onshore international students, and defines how refunds will be administered by Victoria University (VU) International. The policy also ensures that VU is able to comply with its legal obligations regarding onshore international students.

Background

The University's policy on the refund of tuition fees for onshore international students has been written to conform to the Education Services for Overseas Students (ESOS) legislative framework, which incorporates the ESOS Act 2000, ESOS Regulations 2001 and National Code 2007. This Policy observes the principles of the Australian National Policy on Fee Refunds established by the Australian Vice-Chancellors' Committee.

General principles

This policy applies only to onshore international students. It applies equally to commencing onshore international students and continuing onshore international students.

Before a refund can be processed, the funds covering the tuition fee must be available to the University, i.e. cheques and drafts cleared and telegraphic transfers received.

Refunds will be processed within four (4) weeks of receiving a written claim, once you have provided the University with all relevant documentation.

Notwithstanding anything else in this policy, a full refund will be paid within two (2) weeks if the University defaults.

Generally, students who withdraw after four (4) weeks of starting a program will not be eligible for a refund, unless otherwise stated in this policy.

Any notice given under this agreement must be written in English and received by VU.

Glossary of terms

Application Processing Fee: A $50 administrative fee paid by international students at the time of lodging an application with VU

Census Date: The VU Census Date is the date by which student enrolment details must be finalised for each semester. The census date for Semester 1 is 31 March. The census date for Semester 2 is 31 August

Course Start Date: The start date as indicated on a Student’s COE

Documentary Evidence: A document presented as evidence to support a refund application. This may include, but is not limited to, a medical certificate supporting illness or injury, or official documentation from the Australian Government regarding a visa refusal. The University will expect to see original documents for authentication purposes

ELI Course Start Date: The official commencement date of a course at English Language Institute (ELI)

Pathway: A formally approved link between and across different courses and/or qualifications offered by VU and other educational providers, including qualifications attained overseas and recognised by the National Office of Overseas Recognition (NOOSR)

Permanent Resident: Includes any person who holds a permanent Australian visa

Political, civil or natural event: A disturbance or turmoil threatening the security and safety of a community requiring an emergency response or military intervention, such as a natural disaster, terrorist attacks or political coups that have occurred in the student’s home country that prevent access to funds.

Prescribed semester fee: The full load fee for a semester (based on the current year’s fees)

Refund: Total or partial reimbursement of tuition fees paid for a semester

Student: Refers to an international student who is studying onshore in Australia, or has accepted an offer to study onshore in Australia on a student visa, temporary resident visa, or other temporary stay visa

Termination: Refers to the end of a student’s studies with VU and/or ELI, through a withdrawal or release

Tuition fees: Fees paid by the student on a semester by semester basis throughout their course of study

University default: The University is unable to provide a course, or it withdraws an offer

Policy

Full refunds

Section 1.1: A student will be entitled to a full refund of tuition fees paid for a semester at VU in the following circumstances:

• If an offer is withdrawn by the University;
• If the University is unable to provide the course. In this situation, new commencing students will also be eligible for a refund of the application processing fee;
• Where a student was unable to meet a condition required by the University in its letter of offer, and can prove that they did not actively fail to meet that condition;
• Where a student has been excluded by the University for failure to meet course progression rules and where tuition fees were paid in advance of notification of exclusion (the refund in this subclause will be only for those periods of study not yet started);
• Where Australian Government authorities refuse to grant a student visa or the student visa is not granted in time for the student to start the course;
• When illness or disability prevents the student from enrolling in the course;
• When the death of a close family member (parent, sibling, spouse or child) occurs, and the student withdraws from their course;
• When a political, civil or natural event prevents the acquittal of a fee; or
• Other special or exceptional circumstances preventing a student from continuing with their enrolment may allow for full or partial refund at the discretion of the Director (VUI), VU International, or their nominee, provided the request is made before the start of the course.

Section 1.2: Documentary evidence must be provided in support of an application for a refund under any of the above circumstances

Section 1.3: Where any of the above circumstances apply and a student has paid tuition fees to study a single unit (or units) of study with VU that will not credit towards an award from VU, a full refund of tuition fees will be issued for such unit(s).

Partial refunds

Section 2.1: A student who has paid tuition fees for a semester, and gives written notice of a withdrawal or an inability to study:

• a) Where a student gives notice in writing i) where notice is given at least four (4) weeks before commencement of teaching in that semester or ii) where notice is given at least four (4) weeks before the specified date for commencement of a research program will be entitled to a refund of tuition fees paid for the semester, less an administrative fee of ten percent (10%) of the prescribed semester fee.
• b) Where a student gives notice in writing i) where notice is given less than four (4) weeks before the start of teaching in that semester, or ii) where notice is given after the start of teaching and before census date in that semester will be entitled to a refund of tuition fees paid for the semester, less an administrative fee of fifty percent (50%) of the prescribed semester fee.

Section 2.2: Where a student has paid tuition fees to study one or more units, which will not credit towards an award from VU, a partial refund will be issued as according to Section 2.1a above, for the prescribed unit fee(s).

Section 2.3: Where a student’s enrolment has been cancelled for non-payment of course fees, any partial payment made by that student will be refunded less an administrative fee of ten percent (10%) of the prescribed semester fee.

No refunds

Section 3.1 (subject to Clause Section 1) :

Any student who withdraws from their course after census date in a semester shall not be eligible for any refund of tuition fees paid for that semester.

A student who gives notice in writing of an inability to undertake a course, or withdraws from the course at any time, will not be eligible for a refund of the application processing fee.

A student who accepts an offer for a VU course as part of an agreed pathway between VU and another education provider, will not be entitled to a refund of the deposit paid for the VU course.

Leave of absence

Section 4.1: A student who is granted a leave of absence will be subject to the conditions set out in Sections 2 and 3. If the student requests it, the balance of non-refunded monies will be retained and offset against the commencing student fee in the appropriate semester.

• The retained balance will be forfeited if the student does not return to study with VU in accordance with the terms of their approved leave of absence.
• The retained balance will be forfeited if the student does not give notice in writing to VU International, at least four (4) weeks before the start of the semester, of his or her inability to recommence the course.

English language institute

Section 5.1: Refund before ELI course start date

Where a student gives notice of withdrawal no less than four (4) weeks before their ELI course start date, all tuition fees actually paid are refundable upon application.

Where a student gives notice of withdrawal less than four (4) weeks before their ELI course start date, all tuition fees paid are refundable, less ten percent (10%) of the total course fee outlined on the student’s offer letter (administration fee).

Section 5.2: Refund after ELI course start date

Where a student gives written notice of their withdrawal anytime after the ELI course start date, this being the start date on the Confirmation of Enrolment (COE), no tuition fee refund will be given.

A closure of ELI will be regarded as a default under Clause 3.4 of this policy.

Any notice not given in writing will not be accepted.

Fees refund related to international students who obtain a permanent residency status

Section 6.1: A student who is granted permanent resident status will be eligible for a refund of tuition fees paid for a semester, less a five hundred dollar ($500) service charge for the current semester, only if (a) the permanent resident status is granted on or before the census date for that semester, and (b) the student presents evidence of their permanent resident status to VU International (e.g. a valid passport containing a visa label). Permanent resident status is recognised from the date officially recognised by the Australian Department of Immigration and Citizenship, not the date on which the application for status is made.

A student who is granted permanent resident status after the census date for a semester will not be eligible for a refund of tuition fees paid for that semester. The student will be classified as an international student for the remainder of that semester.

A student who is granted permanent resident status before census date in a semester will lose their full-fee student place and must re-apply for course entry in competition with other course applicants for government-funded places.

A continuing student who seeks to become a local fee-paying domestic student following a grant of permanent resident status, may have their pre-paid tuition fees carried over in the appropriate semester.

Overpayments

Section 7.1 Where a student makes an overpayment of tuition fees, the overpaid amount will be refunded upon application without financial penalty. The amount will be returned to the student as a cheque to the student’s address in Australia. A memo is required from the English Language Institute to support English Language overpayments.

Review process related to fees refund

Section 8.1: A student who is dissatisfied with a decision relating to a refund application is entitled to request an appeal through VU International, by submitting a written request. The student must submit the request within twenty (20) working days of written notification of the decision.

VU’s complaints and appeals processes do not preclude a student from taking other legal action to recover any fees paid, including a debt action in a court of law. Furthermore, it does not remove the right to take further action under Australia's consumer protection laws.

Payment of refunds

Section 9.1: VU International will process refunds within four (4) weeks of receiving a completed Refund of International Student Fees application form and any other required supporting documentation.

Approved refunds will be paid in accordance with the following circumstances:

• Refunds will be made payable to the student (unless otherwise requested in writing). The refund draft will be made payable in Australian dollars and sent to the student's permanent home country address. The refund will only be made available to the student in Australia if the student provides evidence that they are able to remain in the country without studying.
• Where a tuition fee has been paid by a sponsoring body or scholarship agency, any refund payable will be made to the sponsoring body or scholarship agency.
• Where a student is transferring to another institution, the refund will be paid directly to the new institution, unless the student can provide evidence of having paid the tuition fee to that institution (e.g. COE from the new institution).
• Where a student requests that the refund is made payable to a relative or other person in Australia, this will only be granted if documentary evidence proves that the relative or other person paid the tuition fees.