Discussion of Standard 3 – Formalisation of enrolment
Introduction
What's new
Obligations and responsibilities
Documents, knowledge and procedures
Definitions
Assistance and examples
Learning Activity
National Code 2007
DEST (now DEEWR) Commentary
As a formalisation of enrolment, a written agreement is entered into by the registered provider and student (or parent or guardian if the student is under 18 years of age) and is the final step of the pre-enrolment activities. This agreement aims to ensure the obligations and rights of both the registered provider and student are clearly set out, and include reference to the course money payable and services to be provided.
Generic standard applicable to all sectors
- Under the National Code 2007, providers are required to have written agreement with students, whereas under the National Code 2001 written agreements were optional. The provider must not accept course money from the student before this agreement has been signed or otherwise accepted.
- The written agreement must:
- include information about the provider's refund policy;
- set out the circumstances in which personal information about the student may be shared with others; and
- advise the student of his or her obligation to notify the provider of a change of address while enrolled in the course.
- Further reference document: DEST
Comparison Chart
(December 2006).
Obligations and responsibilities
- A provider must enter into a written agreement with a student where the student, or their legal guardian if the student is under 18, has signed the agreement prior to, or concurrently, paying any course fees to the provider.
- The written agreement must cover those elements specified in the Standard.
- The provider must make reasonable efforts to ensure that the student understands the content of the written agreement.
List of documents and specific knowledge of institutional and government matters and procedures required for this standard
- Documents:
- a written agreement between the provider and the student that
includes:
- accurate identification of the student’s course
- an itemized list of fees that the student has to pay
- information about refunds
- a privacy statement that informs the student about the shared use of their personal information, the type of information to be collected and which designated agencies will share in that information (see 3.1.d).
- the student’s obligation to keep their address up-to-date with the provider.
- institutional policy on refunds of course fees that is consistent
with the ESOS Act and includes:
- the amounts that may or may not be repaid to the student
- the process of how to go about claiming a refund
- an understandable, plain English explanation of what happens if a course is not delivered
- a statement relating to the preservation of the student’s consumer rights (see 3.2d)
- a written agreement between the provider and the student that
includes:
- Knowledge:
- requirements of the ESOS Act in relation to refunds of course money
- privacy issues relating to student information
- the requirements of the Australian Government, Tuition Assurance Scheme, ESOS Assurance Fund Manager and other designated authorities about a student’s personal information
- Australia’s consumer protection laws relating to a student’s rights as a consumer.
- Procedures:
- institutional process about how a student can claim a refund
- institutional procedure as to how a student can keep their address details up-to-date with the provider
- institutional fees process.
Definitions of key words/phrases
- Written agreement
- This is an agreement between provider and student and essentially covers arrangements for the refund of course monies if either party defaults. - Personal information
- Includes personal and contact details, course enrolment details and changes, and the circumstance of any suspected breach by the overseas student of a student visa condition.
Where to find assistance and quality practice examples
- A good fees
and refund page
is at Deakin University's website with a link to the University's refund
policy.
- Griffith University has student
focused privacy material
.
Learning Activity
National Code 2007
Outcome of Standard 3
Written agreements between registered providers and students set out
the services to be
provided, fees payable and information in relation to refunds of course
money.
| 3.1 | The registered provider must enter into a written agreement with the student, signed or otherwise accepted by that student (or the student’s parent or legal guardian if the student is under 18 years of age), concurrently with or prior to accepting course money from the student. The agreement must:
|
| 3.2 | The registered provider must include in the written agreement the following information, which is to be consistent with the requirements of the ESOS Act, in relation to refunds of course money in the case of student and provider default:
|
