Transfer between Registered Providers Policy & Procedure

Definitions

POLICY

• Under Standard 7 of the National Code 2018 registered providers must not knowingly enrol a student wishing to transfer from another registered provider’s program prior to the student completing six calendar months of his/her principal program of study, except in limited circumstances as outlined in this procedure.
• Charter Australia is entitled to determine the circumstances in which it will provide or refuse to provide a release letter. Where a student requests a transfer within the period of six months of commencement of their principal program, Charter Australia will assess the request for transfer against this procedure.
• Students must co-operate with Charter Australia’s staff and attend any interviews or other appointments scheduled for them including in respect of support services provided by Charter Australia.
• Applying to transfer between registered providers does not preclude students from the requirement to enrol on time. Non-enrolment will not automatically result in a transfer between registered providers, it will however result in the student be reported to the Department of Home Affairs via PRISMS for failing to enrol.
• No release letter is required where:
  • the student has completed at least 6 calendar months study in his or her principal program;
  • the student is government sponsored and that government sponsor provides written support for the change as it considers the change to be in the student's best interests;
  • Charter Australia has ceased to be registered or the program in which the student is enrolled has ceased to be registered;
  • Charter Australia has a sanction imposed on it that prevents the student from continuing his or her principal program.
• To apply to transfer to another registered provider within the first 6 months of the student's principal program, the student must demonstrate that the transfer would be in the best interest of the student. This would include compassionate or compelling circumstances that cannot be addressed by Charter Australia. Students are required to provide documentation to support their application to transfer to another registered provider. Circumstances in which a transfer will be considered within the first 6 months may include, but are not limited to, situations in which:
• the overseas student will be reported because they are unable to achieve satisfactory course progress at the level they are studying, even after engaging with that registered provider’s intervention strategy;
• there is evidence of compassionate or compelling circumstances;
• the registered provider fails to deliver the course as outlined in the written agreement;
• there is evidence that the overseas student’s reasonable expectations about their current course are not being met;
• there is evidence that the overseas student was misled by the registered provider or an education or migration agent regarding the registered provider or its course and the course is therefore unsuitable to their needs and/or study objectives; or
• an appeal (internal or external) on another matter results in a decision or recommendation to release the overseas student.
• No transfer will be granted where:
• the student has not completed the first four weeks of the principal program in which he or she is enrolled and has not accessed the full range of support services available at Charter Australia;
• Charter forms the view that the student is trying to avoid being reported to the Department of Home Affairs for failure to meet Charter’s attendance or academic progress requirements;
• the transfer may jeopardise the student's progression through a package of programs;
• the new program would be detrimental to the student's future study (including being unsuited to student's academic abilities) and/or career objectives;
• the student is applying to transfer to a program with a lower level qualification (e.g. Bachelor to Diploma) without consultation with his/her program coordinator and student support services staff;
• the student has outstanding debts for the current semester or any previous semesters to Charter Australia; or
• the documents provided by the student do not, in Charter Australia’s view, provide adequate grounds to justify the transfer.
• Charter Australia reserves the right to take into consideration other circumstances which may not have been specified in Item 7.

PROCEDURE

Transfer Between Registered Providers Within the First 6 Months

• Students wishing to obtain a transfer between registered providers must complete, sign, date and lodge the Application for Transfer Between Registered Providers Form at the office of the nominated officer. (Refer to Forms Section below)
• The following documents (where applicable) must be attached to the Application for Transfer Between Registered Providers Form as part of the application:
  • a letter detailing the reasons for the request to transfer to another Institution and how the student will benefit from the transfer; and
  • a copy of the offer letter from the other Institution confirming that a valid enrolment offer has been made unconditionally at that Institution; and

• • a copy of the documentary evidence referred to in the letter of application. Where a student’s request is based on medical grounds, documentary evidence from an appropriately qualified medical practitioner, psychologist or counsellor must be provided. Failure to present evidence may adversely affect the outcome of the Transfer Between Registered Providers Application; and

• • written approval for the change from the scholarship body if a sponsor is paying the tuition fees.

• Upon receipt of the Application for Transfer Between Registered Providers form, the nominated officer must:
  • Consider the application and documentation attached and if appropriate forward a copy of the Transfer Between Registered Providers Application to the relevant student welfare officer (or equivalent) for assessment; and
  • respond to the applicant within 10 working days of the Application for Transfer Between Registered Providers being received with an official response.
• If deemed appropriate, the student welfare officer (or equivalent) should:
  • interview the student to determine:
    • the circumstances surrounding the release; and
    • how the student may benefit from a transfer to another education provider; and
    • whether the transfer would be detrimental to the student or his or her future studies and/or career objectives
  • consider the options, other than transferring, available to the student to achieve his or her learning goals, including any support services offered by Charter Australia to assist the student to adjust to study and life in Australia

• • consider any supporting documentation provided by the student

• • where it is in the student's interests, refer the student to appropriate support services for:
  • academic skill support;
  • additional English support;
  • additional tutoring & study group support;
  • a mentor program;
  • personal counselling;
  • consideration of reduction in course load;
  • the purpose of implementing an intervention strategy for the student in compliance with Charter Australia’s Intervention Strategy – Monitoring Course Progression Guidelines; and
  • make a decision as to whether a transfer would be detrimental to the Student or his or her future studies, and/or career objectives and formally notify the nominated officer for responding to the request.

• The Nominated Officer must:
  • consider the Transfer Between Registered Providers Application and supporting documents in light of:
    • the student's educational goals and individual circumstances; and
    • the recommendation made by the student welfare officer; and
    • whether the transfer would be detrimental to the student or his or her future studies, and/or career objectives
  • make and record a decision as to whether or not to grant a transfer between registered providers and issue a release letter within 10 working days of the official receipt of the application.
• If the Nominated Officer decides to approve a Transfer Between Registered Providers, the letter sent to the student (Refer to Registered Providers Approved Request for Transfer Sample Letter within Forms Section below) is to be issued at no cost to the student and is to include:
  • a withdrawal form;
  • advice that the student's CoE will be cancelled and he or she must contact the Department of Home Affairs to seek advice on whether a new student visa is required;

• • advice that Charter Australia will cancel the student's CoE on PRISMS; and

• • advice that if applicable, the student may apply for a refund in accordance with Charter Australia’s the refund clause for international Students in Charter Australia’s Student Fees Policy and Procedure.

• If the Nominated Officer decides not to grant a Transfer Between Registered Providers, the letter sent to the student (Refer to Registered Providers Not Approved Request for Transfer Sample Letter within Forms Section below) is to include:
  • the reasons for the decision not to grant a transfer between registered providers;
  • if the reason is because the documents provided by the student do not, in the view of the nominated officer provide adequate grounds to justify the transfer, advice on what additional documentation should have been lodged with his/her application;
  • advice that he or she may freely transfer after completion of 6 calendar months of his or her Principal Program; and
  • information on the student's right to appeal the decision in accordance with Charter Australia’s appeals processes.

• Appeal Provisions.
  • If the student is not satisfied with the decision as to whether or not to grant a transfer between registered providers or believes the decision was not made in accordance with this Procedure, the student has the right to appeal within 20 working days of the decision to the Principal. In this event, Charter Australia will maintain the student's enrolment in the program in which he or she is enrolled to study until the appeals process is completed.
  • For how to make an appeal, refer to Student Complaints Policy & Procedure.

Transfer Between Registered Providers Within the First 6 Months for Prospective Students

• Under Standard 7 of the National Code 2018, Registered Providers must not knowingly enrol a Student wishing to transfer from another Registered Provider’s program prior to the Student completing six calendar months of his/her Principal Program of study, except in limited circumstances as outlined in this policy.
• No Release Letter is required where evidence is provided:
  • the student has completed at least six months study in his or her Principal Program: or
  • the student is government sponsored and the government sponsor provides written support for the change as it considers the change to be in the Students’ best interests; or

• • the original Registered Provider has ceased to be registered or the program in which the student is enrolled ceased to be registered; or

• • the original Registered Provider has a sanction imposed on it that prevents the Student from continuing his or her Principal Program.

• Prospective students who are not subject to item 2 i-iv, must provide an original release letter from their original provider at time of accepting their offer i.e. at time of returning signed International Student Offer and Acceptance Agreement and payment of fees. If a student cannot provide a release letter, the student agreement and fee payment will not be accepted by Admissions staff

Legislative Context

• Education Services for Overseas Students Act 2000
• National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2018 – Standard 7
• Department of Home Affairs

DOCUMENTS

• Refund for International Students Policy & Procedure
• Student Complaint Policy & Procedure
• FORM -REGISTERED PROVIDERS - Application for Transfer