Discussion of Standard 13 – Deferring, suspending or cancelling the student's enrolment
Introduction
What's new
Obligations and responsibilities
Documents, knowledge and procedures
Definitions
Learning Activity
National Code 2007
DEST (now DEEWR) Commentary
Students may, through formal agreement with their registered provider, be given permission to defer commencement, take a leave of absence or temporarily suspend their studies during the course. Such absences, however, may affect the student’s visa status. The registered provider may also seek to cancel the student’s enrolment.
Generic standard applicable to all sectors
- The provider must have in place documented procedures for assessing, approving and recording deferment of studies.
- Providers may now defer or suspend on the grounds of misbehaviour.
- Students must be informed of the potential effect on their visa of any deferment.
- Further reference document: DEST
Comparison Chart
(December 2006).
Obligations and responsibilities
- A provider can only defer or suspend a
student's enrolment in limited circumstances:
- compassionate or compelling circumstances, or
- misbehaviour by the student.
- In granting a student’s deferment, suspension or cancellation
of enrolment, the provider must:
- notify DEEWR (via PRISMS), and
- inform the student that their student visa may be affected.
- If a provider initiates the termination, suspension or cancellation
of a student's enrolment:
- the student must be informed that they have 20 days to access the provider’s internal complaints and appeals process (Standard 8)
- until the internal process is completed, the termination, suspension or cancellation cannot take effect unless there are extenuating circumstances relating to the welfare of the student.
List of documents, specific knowledge of institutional and government matters and procedures required for this standard
- Documents:
- documents supporting the student's compassionate or compelling circumstances.
- Knowledge:
- Section 19 of the ESOS Act.
- Standard 8 of the National Code.
- Procedures:
- for assessing, approving and recording a deferment of the start of study, or suspension of study, including notifying DEEWR via PRISMS. All documentary evidence must be kept on the student’s file.
- for notifying DEEWR via PRISMS where a student's enrolment has been deferred, temporarily suspended or cancelled.
Definitions of key words/phrases
- Compassionate and compelling
- The provider must determine whether the student’s request is genuine, and be able to assess if their chances of satisfactorily completing the course within the nominated timeframe will be strengthened if they give the student permission to suspend their studies for a short, defined period. Examples of compassionate or compellng circumstances include but are not limited to serious illness or injury (where a medical certificate states that the student was unable to attend classes); bereavement of close family members such as parents or grandparents (where possible a death certificate should be provided); major political upheaval or natural disaster in the home country requiring emergency travel and this has impacted on the student's studies; or a traumatic experience which could include: involvement in, or witnessing of a serious accident; or witnessing or being the victim of a serious crime.
Providers have latitude to assess student's individual compassionate and compelling circumstances. The assessment of compassionate and compelling reasons is at the provider's discretion because they have the expertise to manage the circumstances affecting students' learning. Providers therefore can determine policies that state the "certain limited circumstances" they consider acceptable grounds to grant deferral/suspension of studies. This policy must be documented and applications assessed against this policy. - Defer or temporarily suspend
- Deferrals and suspensions are reported by providers to DIAC through PRISMS. Please note that where a Student Visa holder appears to have deferred or suspended their studies for an extended period of time for other than genuine compassionate or compelling circumstances, DIAC may consider visa concellation. - PRISMS: The Provider Registration and International
Student Management System
- This is the system used to process information given to the Secretary of DEEWR by registered providers. - Misbehaviour by the student
- This may include, but is not limited to, behaviour such as acts of discrimination, sexual harassment, vilification or bullying as well as acts of cheating or plagiarism.
Learning Activity
National Code 2007
Outcome of Standard 13
Registered providers may only enable students to defer or temporarily suspend their studies, including granting a leave of absence, during the course through formal agreement in certain limited circumstances.
| 13.1 | The registered provider must have in place documented procedures for assessing, approving and recording a deferment of the commencement of study or suspension of study for the student, including keeping documentary evidence on the student’s file of the assessment of the application. |
| 13.2 | The registered provider can only defer or temporarily suspend the enrolment of the student on the grounds of:
|
| 13.3 | The registered provider must:
|
| 13.4 | The registered provider must inform the student of its intention to terminate, suspend or cancel the student’s enrolment where the termination, suspension or cancellation is not initiated by the student and notify the student that he or she has 20 working days to access the registered provider’s internal complaints and appeals process as per Standard 8.1. If the student accesses the registered provider’s internal complaints and appeals process, the termination, suspension or cancellation of the student’s enrolment under this standard can not take effect until the internal process is completed, unless extenuating circumstances relating to the welfare of the student apply. |
