National Code 2018

Standard 9

ESOS Act (2000)

Para. 19 

POLICY

PURPOSE

The policy outlines the principles that underpin Australian National Institute of Business and Technology (ANIBT)'s approach to cancellation, deferment and suspension of students' enrolment.

It also defines the circumstances for the application of deferment, suspension, leave from studies or cancellation of enrolment when instigated by either student or ANIBT.

The policy also ensures that the reporting obligations under Paragraph 19 of the ESOS Act (2000) are timely met.

POLICY STATEMENT

ANIBT is committed to complying with the National Code and the ESOS Act in resolving cancellation, deferment and suspension matters expediently.

SCOPE

This policy applies to all International Students studying onshore holding a Student Visa due to their enrolment into ANIBT programs.

DEFINITIONS

Deferment - A request by the student prior to the commencement of the study period to temporarily postpone study.

Leave from Studies - A request by the student to temporarily postpone study after the commencement of the study period.

Suspension - When the enrolment of a student in their course of study is suspended by ANIBT for a period, after which the student may recommence study.

Cancellation - Confirmation of Enrolment (CoE) is cancelled. Student must re-apply (as a new student or to be re-instated) if they wish to continue study.

Accepted Student, (ESOS Act) of a registered provider means a student (whether within or outside Australia):

(a)   who is accepted for enrolment, or enrolled, in a course provided by the provider; and?

(b)   who is, or will be, required to hold a student visa to undertake or continue the course?

POLICY

1.   Standard 9 of the National Code allows students, where compassionate or compelling circumstances exist, to defer commencement of studies, take a leave from studies or temporarily suspend their studies during their program. This must be completed through a formal agreement with their registered provider.

2. Students must be advised that deferring, taking leave from studies or suspending their studies during their program may affect their student visa.

3.  ANIBT, as a Registered Provider, may also seek to cancel or suspend the student’s enrolment for disciplinary reasons.

4.  Extenuating Circumstances exist if a student:

• is missing – cannot be contacted via known contact details.
• has medical concerns, severe depression or psychological issues which lead ANIBT to fear for the student’s wellbeing.
• has engaged or threatened to engage in behavior that is reasonably believed to endanger the student or others.
• is at risk of committing a criminal offence.

5.  Compassionate or Compelling circumstances:

Professional judgment is required to assess each case on its merits:

• Where a student does not receive their visa in time to arrive at ANIBT to commence study.
• Serious illness or injury – for which a medical certificate states the student was unable to attend classes.
• Bereavement of close family members such as parents or grandparents – in which death certificates or comparable evidence, translated into English (if in a different language) by an accredited translator, should be provided.
• Major political upheaval or natural disaster in home country requiring emergency travel which has impacted on the student’s studies - evidence of overseas travel to be provided.
• A traumatic experience i.e., involvement in or witnessed a serious crime or accident which has impact on the student (police or psychologist’s report to be provided).
• Where ANIBT was unable to offer a pre-requisite or mandatory unit.
• Other reasons which may be considered but must have documentary evidence to support the claim.

Misbehavior or undesired behavior

Behavior that is unacceptable for an educational setting. This could include:

• Physical violence (or risk of physical violence) towards other students or staff.
• Criminal activity
• Unsolicited attention towards another student or member of staff.

6. ANIBT meets its reporting obligations under Paragraph 19 of the ESOS Act (2000) within prescribed timeframes.

PROCEDURE 

PURPOSE

This procedure explains the sequence in processing a student’s application for deferment, suspension, a leave from studies or cancellation of enrolment when instigated by either student or ANIBT. The procedure also covers the reporting obligations under Paragraph 19 of the ESOS Act.

POLICY STATEMENT

ANIBT is committed to complying with the National Code and the ESOS Act in resolving cancellation, deferment and suspension matters expediently.

SCOPE

This policy applies to all International Students studying onshore holding a Student Visa due to their enrolment into ANIBT programs.

PROCEDURE

1.  Deferrals

The reasons for a deferral could include:

• Visa not yet granted.
• Failure to complete a preceding qualification in a package.

The student or their registered representative should notify the Student Services Department, in writing, as soon as possible that he/she is not intending to commence his/her studies at the date indicated on the CoE. The student must indicate when he/she would be most likely to commence.

The Student Services Department will check any study package arrangements and issue a revised Letter of Offer and CoEs as appropriate. The new documentation will be sent to the student and/or the registered representative.

2.  Leave from Studies.

Students are advised to discuss this request with their Student Services prior to submitting the application.

Students apply for Leave from Studies in writing to the Student Services Department by completing the Request for Application for Deferment, Suspension and Cancellation from Studies form. Additional documentation to support the application must be submitted with the form.

The application will be assessed by Student Services. Approval will be considered in accordance with defined compassionate or compelling circumstances. Any outstanding fees must be cleared for the suspension request to be approved.

Where a student needs to take a break from his/her studies but does not have compassionate or compelling circumstances, the student will need to withdraw from the course and re-apply when he/she is ready to return to study.

The student is notified of the decision in writing.

The communication to students should include the following, where applicable:

·    Advice about how the deferment or leave from studies may affect their student visa.

·   The Department of Home Affairs website and information line phone number.

·   Notification of how to complete the process with the Student Services Department, or

·   Notification of the appeals process and how to access that if necessary.

The form and a copy of the outcome will be recorded by the Student Services Department who will update the Student Management System and PRISMS as required.

A record of all correspondence relating to this application will be kept in the Student Management System.

3.   Withdrawal

Students are advised to discuss this request with Student Services prior to submitting the application.

Students notify ANIBT of their intention to withdraw by using a Withdrawal of Enrolment form, available from the reception area at the Flinders Street Campus.

Student submits the form to the Student Services Department. Student Services Department members may refer the student to meet with the Manager of Compliance and Special Projects, after assessing the student’s reasons for withdrawal.

The Student Services member notes if the student has met with the Manager of Compliance and Special Projects, noting the student’s reasons for withdrawal in the SMS.

Student Services members check for any outstanding fees. Student Services members also check for any special arrangements or issues recorded in the SMS.

The student cannot withdraw from the course if the student is on suspension. They can apply to withdraw in 5 working days after returning from suspension.

For ANIBT's courses, Student Services will cancel the student’s enrolment according to the date on the withdrawal form, in the SMS and via PRISMS. The withdrawal form will be kept in the student file.

Important Note:

Failure to re-enrol within the appropriate time period (according to published deadlines) will be considered as a notification of withdrawal from the student.

Students should check with the Department of Home Affairs before applying for leave or withdrawing from all studies.

4.  ANIBT Initiated Suspension

Students may be suspended from studies on the grounds listed below:

• misbehaviour
• poor academic performance (covered under the Academic Course monitoring policies).
• failure to pay fees within the relevant periods - outstanding fees will be referred to the debt collection agency and they will collect the payment on our behalf.

a.     Decision is made by  Manager of Compliance and Academic Support to suspend the student. If the student has a Higher Education pathway, they will be informed.

b.     Student is notified in writing of the decision.

c.      The advice must include information for the student that:

• suspension may have an impact on their student visa.
• student has 20 working days in which to access the Appeals process.
• useful information is available on Department of Home Affairs website and through the Department of Home Affairs helpline.

d.     If the student accesses the Appeals process, the suspension cannot take effect until the internal appeal process is completed unless extenuating circumstances relating to student welfare apply.

e.     Copies of all correspondence are forwarded to Student Services for filing in the SMS.

f.       Student Services will action the suspension after seven (7) days of appeal period passing or if any appeal findings are in favor of the original decision to suspend.

g.     Students who access external appeals have 10 working days to provide Student Services with evidence of having accessed the external appeals process after being advised that their internal appeal was not successful. Students do not need to be enrolled during the external appeals process and their suspension may be reported to the Department of Home Affairs

h.     Student Services will report student’s suspension of enrolment via PRISMS.

5.   ANIBT Initiated Cancellation

Students’ enrolment may be cancelled on the grounds listed below:

severe and/or repeated misbehavior

poor academic performance (covered under the Academic Standing, Progression and Exclusion policy)

failure to pay fees within the relevant periods.

failure to re-enrol within stipulated deadlines.

a.      The decision to cancel a student’s enrolment is to be made collectively by the CEO,  Manager of Compliance and Academic Support and Student Services.

b.      Student is notified in writing.

c.      The advice must include information for the student that:

• cancellation may have an impact on their student visa.
• the student has 20 working days in which to access the appeals process.
• useful information is available on the Department of Home Affairs website and through the helpline.

d.      The Cancellation cannot take effect until the internal Appeals process is completed unless extenuating circumstances relating to student welfare apply.

e.      Copies of all correspondence are forwarded to Student Services for filing in the SMS for record keeping.

f.       Student Services to finalise the Cancellation after seven (7) days of appeal period passing or if any appeal findings are in favor of the original decision to cancel.

g.      Students have 20 working days to access the external appeals process after being advised that their internal appeal was unsuccessful. Depending on the reason for the cancellation students are continued to be enrolled and must follow normal student procedure. At the end of the period if ANIBT has not heard from the Overseas Student Ombudsman the students CoE’s will be cancelled and the student may be reported to the Department of Home Affairs.

h.      Student Services will report student’s enrolment cancellation via PRISMS.

i.        A copy of all correspondence will be kept in the SMS.

6.  Reporting via PRISMS

In compliance with the ESOS Act (2000) Paragraph 19, ANIBT reports the following information via PRISMS within 31 days after the event specified below occurs:

(a)   the name and any other prescribed details of each person who becomes an accepted student of ANIBT.

(b)   for each person who becomes an accepted student—the name, starting day and expected duration of the course for which, the student is accepted.

(c)   the prescribed information about an accepted student who does not begin his or her course when expected (non-commencement of studies).

(d)   any termination of an accepted student’s studies (whether as a result of action by the student or ANIBT or otherwise) before the student’s course is completed (early termination of studies).

(e)   any change in the identity or duration of an accepted student’s course (change to identity or duration of course).

(f)     any other prescribed matter relating to accepted students (e.g., deferment or suspension of studies).

RESPONSIBILITIES

□     Manager of Compliance and Academic Support is responsible for:

• the development, implementation and review of this procedure and the associated policy
• the dissemination of the policy and procedure to the heads of departments and the students

□    Student Services team is responsible for understanding the details of and the implementation of the policy and procedure.

□    Marketing team is responsible for understanding this policy and the associated procedure in order to ensure accurate information is provided to prospective students before their enrolment is confirmed.

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