Purpose of Policy

ANE College is committed to providing quality training and assessment in accordance with the Standards for Registered Training Organisations. This Policy and Procedure observes theprinciples outlined in the Education Services for Overseas Students (ESOS) framework and applies to all new and re-enrolling international students. The purpose of this policy is to set out the circumstances under which students may claim a refund and the associated procedures for handling refunds

We want to make sure you understand all fees and charges associated with your course so please carefully read this document

You can find out about the fees for a course on the Enrolment Form and in addition all fees associated with your course are included in the Student Agreement. The Student Agreement also includes a detailed payment schedule and payment options, as well as your rights.

Definitions

Application/Enrolment Fee: Covers the administrative costs of enrolment

Agreed Start Date: Refers to the day on which the course was scheduled to start, or a later day agreed upon between ANE College and the student.

Course: A program of study leading to a qualification or an award. A course may comprise of units or modules.

International Students:All those students who are either on a student visa or a temporary visa that allows them to undertake formal studies in Australia.

Course Fee: Tuition fee + non tuition fee.

Pre-paid Tuition Fees: Tuition fees towards the course delivery, paid in advance prior to commencement of the course or a study period.

Pre-paid Non tuition fee: This includes, Materials Fee, Accommodation charge, Airport Pick up Fees, OSHC.

Materials Fee: Covers the cost of learning materials and resources provided by ANE College.

Unspent Fee: Total tuition fee/No. of Academic weeks) x weeks in default period (no of remaining paid academic weeks).

Principal Course of Study: Means the main or the final course of study to be undertaken by
an overseas student where a student visa has been issued for multiple courses of study.

TPS: Tuition Protection Service (TPS) assists international students whose education providers are unable to fully deliver their course of study.

Confirmation of Enrolment (CoE): The CoE provides evidence of a student’s enrolment with
a provider registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). This evidence is required before DHA (Department of Home Affairs) will issue a student visa. The CoE contains information about the Provider, agent (if involved), course and duration of study in which the student has enrolled.

Course commencement date: The day when the course of study starts as identified as the
“Commencement Date” on your CoE. The dates for all teaching sessions are available here.

ESOS Act: The Education Services for Overseas Students Act 2000 (ESOS Act) sets out the legal framework governing delivery of education to international students in Australia on a student visa.

Exceptional circumstances: Circumstances that involve something exceptional, compelling,
or compassionate that has affected a student and the cause of which was outside the student’s control.

OSHC: Overseas Student Health Cover.

Refund: An amount of fees paid by the student to the provider, which is returned to the
student under specific circumstances defined in this policy. Under the ESOS Act, a refund may only be paid to the student (unless another person is specified in the Student Agreement as being able to receive the refund on behalf of the student)

Student Default: a student defaults in relation to a course at a location, if

The course starts at the location on the agreed starting day, but the student does not start the course on that day (and has not previously withdrawn); or

• the student withdraws from the course at the location less than 14 days before the commencement date of their course (or initial course in a packaged program); or on or after the commencement date of the student’s enrolled second or subsequent study period; or
• the student provides bogus, false and misleading information and documentation to ANE College during the process of enrolment, or
• the student provides bogus, false and misleading information and documents to the Department of Home Affairs visa processing office during the course of visa application; or
• ANE college refuses to provide, or continue providing, the course to the student at the location because of one or more of the following events:
  • the student failed to pay an amount he or she was liable to pay the provider, directly or indirectly, in order to undertake the course.
  • the student breached a condition of his or her student visa; and/or misbehaviors by the student.

In cases where a student’s enrolment has been suspended or cancelled due to misconduct or their breach of their student visa, the institution will afford a student natural justice before refusing to provide, or continue providing, the course to a student at the location consistent with institution’s academic integrity and/or misconduct policy. These provisions are consistent with ESOS Act 2000, Part 5, Division 2, Subdivision B an overseas student or intending overseas. Consistent with fairness principles, these provisions extend also to domestic students.

Provider Default:A registered provider defaults, in relation to an overseas student or intending overseas student and a course at a location, if either of the following occurs:

• the provider fails to start to provide the course to the student at the location on theagreed starting day.
• the course ceases to be provided to the student at the location at any time after it starts but before it is completed; and
• the course is not provided in full to the student because a sanction has been imposed on ANE College or any other reason.

Protection of Course Fee Paid in Advance

Fees to ANE College must be paid in advance and are deposited into our account, ensuring full protection. Fees are also protected through our membership of the Tuition Protection Service (TPS). The role of the TPS is to assist international students where we are unable to fully deliver their course of study. The TPS ensures that you are able to either complete your studies in another course or with another education provider or receive a refund of your unspent tuition fees.

ANE College Refund Policy, Procedure and Action: Student Guide

Claims for refunds must be made in writing using the Refund Request Form available from
ANE College. Following outlines, the Institutes Policy on Refunds:

• If a student’s visa application is rejected the student will be refunded the full tuition fees, (this does not include the Enrolment Application Fee, any accommodation arrangement fee and/or airport pickup service fee), upon evidence being provided by the student that their Visa has been refused.
• Students are also eligible for a Refund if the Institute cancels the enrolled course, or the principal course application has been denied.
• Requests for withdrawal for reasons other than those mentioned above, will be eligible for a refund as follows:
  • If a student withdraws from a course more than 28 days prior to course commencement, 80% of the initial tuition fees will be refunded.
  • If a student withdraws from a course prior to commencement of study, but less than 28 days prior to the course commencement, 50% of tuition fees paid (up to 24 weeks) and 100% for the remainder fees will be refunded.
• There will be no refund issued following commencement of studies
• All Enrolment Application fees, accommodation arrangement fees and airport pickup service fees are non-refundable.
• If a student breaches visa conditions, resulting in studies being cancelled, there will be no refund.
• If the Institute cancels the course. 100% of fees paid will be refunded. (This includes the tuition fees, accommodation fee, Overseas Student Health Cover fees, Enrolment Application Fee, accommodation arrangement fee and airport pickup service fee)
• The Institute is not responsible for the agency fee you paid to the Education Agency (EA).
• When a refund is applicable, and the student has paid the course fee through an agent, the commission deducted from the course fee by the EA will be refunded by the EA as part of the total refund.
• The Institute is only responsible for the refund of the commission received by the student’s EA.
• To request a refund, the student will need to complete the Refund Request Form. The request will be processed within 4 weeks from the date of application.
• Any arrangement fee (including arrangements for Accommodation, Airport Transfers and Homestay fees) are non-refundable after the arrangement has been made.
• Tuition fees will not be transferred to other educational institutions except in exceptional circumstances and at the discretion of the PEO.
• Refunds may be made to an immediate family member in the instance that a student has been non-contactable for at least 6 months or in the event of the student’s death.
• If ANE College is unable to offer a refund or place the student in an alternative course, the student will be referred to the Tuition Protection Service (TPS) administrator. TPS Administrator will place the student in a suitable alternative course or if a suitable alternative course cannot be offered, TPS Administrator will pay the student a refund as calculated by ESOS legislation. Further information about TPS is available from www.tps.gov.au
• This policy may be waived by the Institute in exceptional circumstances at its absolute discretion and the decision of the Institute is final.
• If a student disagrees with this process, they have the right to submit a Complaint and Appeal Form to appeal the decision.
• This agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection laws.

Refund Procedures

• Student completes a Refund Request Form and emails the form to accounts@ane.edu.au
• The details on the Refund Request Form are reviewed by the Academic Manager
• Refunds are made within 4 weeks (20 working days) from the date the Refund Request Form being submitted, if approved
• The Refund payment receipt will be kept on the student file

Recovery of Fees

If fees are not paid in full by the end of course delivery as per the payment schedule supplied at enrolment no Certificate will be issued and ANE College will be forced to use Debt Recovery Services.

Appeals

Students can choose to appeal any decision made by ANE College in relation to refunds in accordance with the Appeals Policy and Procedure. Students are advised that the agreement and the availability of complaints process does not remove the right of student to take action under consumer protection law.

Application, variation and termination of these Terms and Conditions

• These Terms and Conditions govern the website operated and provided by ANE College.
• Use of ANE College website by you constitutes acceptance of these Terms and Conditions
• ANE College may at any time, in its sole discretion, amend, vary or modify these Terms and Conditions without notice.
• Modifications to these Terms and Conditions will be effective immediately and any subsequent use by you of this website will constitute your acceptance of the modifications and the then-current terms and conditions of use of this website.
• ANE College may, without notice, terminate or suspend this website or any part of the website at any time.

Privacy

Any personal information received by ANE College will be collected and disclosed in accordance with ANE College Privacy Policy (as updated from time to time and available here).

Disclaimer and Liability

• While ANE College provides the website and its contents in good faith, ANE College does not accept liability or responsibility for any content or material on this website, including for the accuracy, completeness, authenticity, reliability or timeliness of the content;
• ANE College does not represent or warrant that this website, any files obtained from or through this website are free from harmful code, computer viruses or other defects;
• To the extent permitted by law, ANE College expressly excludes all conditions and warranties (including warranties as to merchantability, non-infringement of intellectual property or any other rights or fitness for a particular purpose), guarantees, rights and remedies, liabilities and other terms that may be implied by custom, statute or common law in relation to any information or materials on this website or any websites linked to this website; and
• ANE College is not liable for any consequential losses (including any loss of revenue or profits, loss of anticipated savings, loss of data, loss of value of equipment, any penalties or fines imposed by a regulator and any loss that is indirect loss) that you suffer or for any costs, damages, expenses, loss or charges that you incur as a result of your use any information or materials on this website or any websites linked to this website.

Intellectual Property

• Intellectual property rights (including any copyright, trademark rights) in the content on this website, vests in Australian National College Pty Ltd, subject to any third party rights.
• Australian National College Pty Ltd, the ANE College logo, the logo, and the icon are trademarks of ANE College , registered in Australia.
• Nothing contained on this website is to be construed as granting a licence to use any content on this website. You may not use, reproduce or modify any content displayed on this website including Australian National College Pty Ltd’s logo or trademark/s without ANE College written consent.
• You may not pass off content from this website as your own. This includes the practice of ‘Framing’ this website within another website as well as copying and re-using parts of the website.
• No part should be reproduced, copied, stored, distributed or transmitted in any form, or by any means, including photocopying, scanning, or other mechanical or electronic methods without the prior written permission of ANE College. To seek permission, please contact sydney.campus@ane.edu.au.

Linking to other website

This website may contain links to other websites. Australian National College Pty Ltd does not warrant approval of or accept any liability or responsibility for any such websites. Access to these websites is at your own risk.

Guidelines for linking to this website

You are welcome to put links on your website pointing to the ANE College website. In such case we request that you adopt the following guidelines for linking:

• Links to ANE College site should usually be to the home page, i.e. https://ane.edu.au. Linking to other parts of the site poses some risk, as the page or service to which you link may move or become unavailable.
• The correct name for the website is ANE College
• ANE College logo and its variants are registered trademarks and subject to copyright. They may only be used with written permission from ANE College.

Cookies and other features of our website

• This website uses cookies to identify visitors to this site, gather statistical information, store user preferences, activity, and session information. ANE College uses cookies to improve security, enhance website functionality and improve its services. By using this website, you are consenting to ANE College use of cookies on your device.
• You can disable cookies in your browser settings. However, adjusting these settings may affect the functionality of this website.
• Information stored in cookies can include:
  • The identity of the page or services you are requesting;
  • The type of browser or operating system in use;
  • Time and date of access; and
  • The internet address of the website from which you navigated from to reach our website.
• Cookies do not store personal information such as:
  • your name
  • email addresses
  • phone numbers
• ANE College uses web analytics and session recording technology provided by third-party service providers such as Google Analytics and Hotjar. These services use cookies to assist us to understand how visitors access and utilise our site. For more information see ANE College Privacy Policy (as updated from time to time and available here).
• ANE College also uses JavaScript, which is a programming language that helps our website work. In order to use our website, we recommend that you have JavaScript enabled in your browser settings. To enable JavaScript in your browser, follow the instructions for your browser version here.

Governing Law

The laws of the State of New South Wales, Australia governs these Terms and Conditions and any agreement formed under them. You and ANE College irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.

MANAGING COMPLAINTS AND APPEALS (CLAUSES 6.1 TO 6.6)

6.1 The RTO has a complaints policy to manage and respond to allegations involving the conduct of:

• the RTO, its trainers, assessors or other staff;
• a third party providing services on the RTO’s behalf, its trainers, assessors or other staff; or
• a learner of the RTO.

6.2 The RTO has an appeals policy to manage requests for a review of decisions, including assessment decisions, made by the RTO or a third party providing services on the RTO’s behalf.

6.3 The RTO’s complaints policy and appeals policy:

• ensure the principles of natural justice and procedural fairness are adopted at every stage of the complaint and appeal process;
• are publicly available;
• set out the procedure for making a complaint or requesting an appeal;
• ensure complaints and requests for an appeal are acknowledged in writing and finalised as soon as practicable; and
• provide for review by an appropriate party independent of the RTO and the complainant or appellant, at the request of the individual making the complaint or appeal, if the processes fail to resolve the complaint or appeal.

6.4 Where the RTO considers more than 60 calendar days are required to process and finalise the complaint or appeal, the RTO:

• informs the complainant or appellant in writing, including reasons why more than 60 calendar days are required; and
• regularly updates the complainant or appellant on the progress of the matter.

6.5 The RTO:

• securely maintains records of all complaints and appeals and their outcomes; and
• identifies potential causes of complaints
  and appeals and takes appropriate corrective action to eliminate or mitigate the likelihood of reoccurrence.

6.6 Where the RTO is an employer or a volunteer organisation whose learners solely consist of its employees or members, does not charge fees for the training and/or assessment, and does not have in place a specific complaints and appeals policy in accordance with Clauses 6.1 & 6.2, the organisation has a complaints and appeals policy which is sufficiently broad to cover the services provided by the RTO.

Strategy

ANE College will ensure that all grievances are dealt with in a timely and fair manner by utilising a mechanism to allow students and staff to submit a complaint through the Complaints and Appeals process. This mechanism is outlined within the Complaints and Appeals Policy and Procedure. A clear process for submitting a complaint is included within the Student Handbook and the Trainers Handbook

Policy and Procedure/s

Complaints Policy (T&S)

Staff and students have the right to submit a complaint if they wish to express discontent against another person or a complaint against the ANE College’s process or system. In order to ensure that complaints are dealt with in a timely manner, we have implemented a complaints process.
This policy and procedure are relevant to all grievances arising in the following areas:

• Student wishes to raise a complaint against another student
• Student wishes to raise a complaint against ANE College
• Student wishes to raise a complaint about a Third Party
• ANE College staff wishes to raise complaint about a Third Party
• Staff wishes to raise a complaint about another staff member or a student

Complaints Process

If a student, trainer, or staff member is experiencing any difficulties, they are encouraged to discuss their concerns with Senior Management. ANE College administrative staff will make themselves available at a mutually convenient time if a student wishes to seek assistance.

If a student or Staff member wishes to make a formal complaint, they are required to complete a Complaints and Appeals Form, which is included in the Student and Trainers Handbook or can be available upon request from the reception. Once the form has been completed, the form should be submitted to the ANE College’s administrator (sydney.campus@ane.edu.au) for actioning.

If required, the student has the right to have a third party/support person assist them through the Complaints Process, this may be due to language barriers or simply at the students’ request.
Following is the process for managing complaints:

• Formal complaint is received from the complainant to ANE College
• If not already submitted with the complaint, a Complaints and Appeals Form is competed and submitted to the ANE College Administrator.
• A written acknowledgement of receipt of the Complaints and/or Appeal will be forwarded to the complainant following receipt by the ANE College Administrator within 5 business days
• The Complaint is discussed with ALL parties involved in the grievance, and ALL parties are notified in writing of the complaint, which will ensure the requirements of natural justice and procedural fairness are met
• Grievances must be kept confidential, in order to protect the complainants
• All Complaints and Appeals Form are to be reviewed at the monthly Quality and Compliance Meetings.
• ANE College Administrator is to follow the process on the Complaints and Appeals Form for the process under “Recommended Action Required for Improvement”.
  • An initial meeting is to be held within 10 business days
  • If further investigation is required, this should be completed within 60 calendar days
• Each appellant:
  • Has an opportunity to formally present his or her case
  • Is given a written statement of the complaint outcomes, including reasons for the decision
• If the Complainant wishes to appeal the Complaint outcome, the student can bring the complaint before senior management for resolution, agreeable to all parties.
• If Senior Management is party to the grievance, they will not take part in any discussions or decisions made and the appeal will be referred to the CEO.
• If a solution has not been reached to the benefit of all parties the complainant has the right to request a review by an independent party, who is not part of ANE College.
• ANE College is responsible for acting upon the subject of any complaint found to be substantiated.
• Complaints and Appeals Forms received are to be entered onto the Complaints and Appeals Register
• If ANE College determines that the complaint process cannot be finalised within 60 calendar days, ANE College Administrator will:
  • Confirm this in writing to the complainant, including reasons why more than 60 calendar days is required
  • Will regularly update the complainant or appellant on the progress of the matter

Complaints and Appeals Forms are to be actioned by the appropriate staff member and filed into the Complaints and Appeals Register and a scanned copy saved onto the student file in the database.

All Complaints and Appeals Forms are to be reviewed during the monthly Quality and Compliance Meetings and improvements are to be identified and implemented according to the Policies and Procedures of ANE College.

Should you disagree with the result of the appeal by ANE College, you can lodge a complaint to:

• National Training Complaints Hotline (https://www.education.gov.au/NTCH) Phone: 13 38 73 , Monday–Friday, 8am to 6pm nationally. Email Complaints: https://www.education.gov.au/email-complaints
• NSW – Office of Fair Trading (http://www.fairtrading.nsw.gov.au).
• QLD – Fair Trading Queensland (https://www.qld.gov.au/law/fair-trading/)
• SA – Consumer and Business Services SA (http://www.cbs.sa.gov.au)
• TAS – Consumer Affairs and Fair Trading (http://www.consumer.tas.gov.au/)
• VIC – Consumer Affairs Victoria (https://www.consumer.vic.gov.au/businesses/fair-trading)
• WA – Consumer Protection Western Australia (https://www.commerce.wa.gov.au/consumer-protection)
• NT – Consumer Affairs Northern Territory (http://www.consumeraffairs.nt.gov.au/Pages/default.aspx)

There is no cost involved with lodging a complaint with Australian National Education College.

Complaints and Appeals Flowchart (S)

Step 1:

You have a complaint or wish to appeal an assessment result.

Step 2:

Speak to your Trainer or ANE College Administrator.

Step 3:

If your complaint was not resolved by your trainer, complete a Complaint and Appeals Form).

Step 4:

ANE College Administrator will follow process to resolve.

Step 5:

Submit form to ANE College Administrator or CEO.

Step 6:

If ANE College Administraion is unable to resolve the Complaint can bring in a third
party.

Step 7:

Complaint or Appeal is resolved.

Complaints and Appeals Form

The Complaints and Appeals Form is accessible from the Student and Trainers Handbook, or a complainant can also contact ANE College to obtain a copy of the form.

Complaints Report Form

The Complaints Report Form is to be used if there is not enough room on the Complaint and Appeals Form to describe the complaint. This form is to be attached and submitted with the Complaints and Appeals Form.

Complaints and Appeals Register

ANE College has in place a register for filing completed Complaints and Appeals forms. When a complaint or appeal is received, the form collected is to be entered into the Complaints and Appeals Register and given a register number. Complaints and appeals that are placed into the register are reviewed and monitored each month at the monthly Quality & Compliance Meeting.

Assessment Appeals Policy (T&S)

The student has the right to appeal on an assessment result if they believe that the result given was unfair or unjustified.
This includes Appeals arising in the following areas:

• Student disagrees with the result given by their Assessor (including Third Party)
• Student wishes to have their result reviewed by another Assessor
• Student wishes to be re-assessed for the same unit
• Student wishes to change the unit
• Student believes that they were discriminated against by the Assessor

Assessment Appeals Procedure (T)

All students have the right to appeal any assessment decision made by the ANE College if they:

• Believe that the assessment is invalid
  and/or
• Feel that the process was invalid,
  inappropriate, or unfair

Before making an appeal, we ask that you discuss the matter with your Trainer/Assessor in an attempt to reach a
decision.

If you are still not happy, you are then entitled to lodge a formal Appeal by completing an “Complaints and
Appeals
Form” within 7 days of the initial discussion. Once a formal appeal is lodged a new Assessor will be appointed
in an
attempt to resolve the appeal any decision recommended by this party is not binding to either party in the
dispute.

If you are still not satisfied another registered training provider in the same curriculum area will be
appointed to
arbitrate and reassess participants if necessary.

You have the right to a support person to be involved at all times during the appeal process.

Following is the process submitting an Appeal:

• Student receives a result for an assessment task of which they do not agree with the result
• Student completed a Complaints and Appeals Form
• The Complaints and Appeals Form is submitted to the ANE College Administrator
• A written acknowledgement of receipt will be forwarded to the student confirming receipt of the Complaints and Appeals Form
• ANE College Administrator will consult with the trainer/assessor and student individually
• ANE College Administrator is to follow the process on the Complaints and Appeals Form for the process under “Recommend Action Required for Improvement”
• An initial meeting should be held within 10 business days
• The student will be advised of the outcome of this consultation process within 15 business days of the dispute being lodged
• If it is decided that there is a case for review, a suitably qualified, independent assessor will be employed to conduct another assessment. An assessment date will be negotiated with the student. Following the assessment, the student will be advised of the result within 10 business days
• If the student is not satisfied with any decisions made in this review process, a Review Board (which may include representatives from another RTO) will be convened to review the case again. An opportunity for Improvement Form may need to be completed in order to identify any improvements on the process that may need to be made
• All Complaints and Appeals Forms received are to be entered onto the Complaints and Appeals Register

All Complaints and Appeals Forms are to be reviewed during the monthly Quality and Compliance Meetings. If ANE College determines that the appeals process will take more than 60 calendar days, the ANE College Administration will notify the student in writing including reasons why more than 60 days is required. ANE College Administrator will regularly update the student with the process.

Evidence

• Complaints and Complaints and Appeals Form
• Complaints and Appeals Register
• Complaints Report Form

Continuous Improvement

This standard is reviewed, according to the Continuous Improvement Cycle, during the month of June on an annual basis.

Responsibility

• Chief Executive Officer
• Senior Management

If you want to view the Cricos Quality & Compliance Manual detail. Click the button given below

To view the RTO QUALITY & COMPLIANCE MANUAL detail. Simply click the following button.