Discussion of Standard 7 – Transfer between registered providers

Introduction
What's new
Obligations and responsibilities
Documents, knowledge and procedures
 Definitions
Learning Activity
National Code 2007

Introduction

DEST (now DEEWR) Commentary

Registered providers are restricted from enrolling transferring students for the first six months from the commencement of the student’s principal course of study, except for these circumstances outlined below. A registered provider, from whom the student is seeking to transfer, is responsible for assessing the student’s request to transfer within this restricted period. It is expected that the student’s request will be granted where the transfer will not be to the detriment of the student.

Generic standard applicable to all sectors

What's new

  • The student transfer period, where they cannot move from one provider to another, is restricted to the first six months (previously 12 months) of the principal course. NOTE: The restriction applies until completion of the first 6 months of the principal course, which may not necessarily be the first course. This means that students must remain with any preliminary course for the duration of the preliminary course prior to their principal course in a package of courses. Students may apply for transfer within this time only under limited circumstances as stated in Standard 7.
  • The provider must have in place documented policies and procedures for assessing applications for transfer as DIAC will no longer assess these applications.
  • If a provider refuses an application for a student transfer to another provider, the student must be informed that they have access to the provider’s appeals process.
  • Further reference document: DEST Comparison Chart (December 2006).

Obligations and responsibilities

A provider:

  • cannot knowingly enrol a student who is wishing to transfer from another provider within the first six months of the start of the principal course, except:
    • if the original provider or course has ceased to be registered
    • the original provider has given a letter of release
    • the orginial provider has had a sanction imposed on its registration
    • a student's government sponsor has provided written support for the change.
  • is to have a documented student transfer request assessment policy (see section 7.2) that is:
    • made available to students and staff
    • specify circumstances for granting or refusing a transfer request and timeframes for assessment and reply.
  • must have a letter of release that:
    • can only be granted under certain conditions (see section 7.3)
    • if it is given must be granted at no cost to the student
    • must advise the student to contact DIAC as to whether a new student visa is required
    • if it is not granted, the student must be provided with written reasons for the refusal and informed of their rights to appeal the decision.

List of documents and specific knowledge of institutional and government matters and procedures required for this standard

  • Documents:
    • the provider is to maintain records of all requests from students for a letter of release and the results of the assessment
    • to grant a letter of release, at least one of the following documents may be required (see section 7.3):
      • a letter from new provider indicating a valid enrolment offer
      • written support from any government sponsor who considers the transfer to be in the student's best interests
      • for an under 18 student:
        1. written confirmation that the parent or legal guardian supports the transfer
        2. where required, the valid enrolment offer includes confirmation that the new provider accepts responsibility for approving a student's accommodation, support and general welfare arrangements, as per Standard 5.
  • Knowledge:
  • Procedures:
    • a documented student transfer request assessment policy that is implemented as required and specify:
      • the circumstances in which the transfer will be granted
      • reasonable grounds for refusing a transfer request
      • reasonable timeframe for assessing and replying to a transfer request having regard to the restricted period.

Definitions of key words/phrases

  • Principal course of study
    - The principal course of study refers to the main course of study to be undertaken by an overseas student where a student visa has been issued for multiple courses of study. The principal course of study would normally be the final course of study where the overseas student arrives in Australia with a student visa that covers multiple courses.
  • Registered provider
    - As defined in section 5 of the ESOS Act, the registered provider for a course for a state, means an approved provider that is registered on CRICOS as a provider for the course for the state.
  • Registration
    - The process whereby a provider is recommended by a designated authority for registration under the ESOS Act to provide a specified course in that state to overseas students; and the provider is registered by the Secretary of DEST on CRICOS. Registration includes re-registration.
  • Release letter
    - A letter supplied by a current provider of education indicating their agreement to release a student, who is 1) on a student visa, and 2) within the first six months of their principal course, to transfer to study at another institution.

Learning Activity

National Code 2007

Outcome of Standard 7

Registered providers assess requests from students for a transfer between registered providers prior to the student completing six months of the principal course of study in accordance with their documented procedures.

7.1

The receiving registered provider must not knowingly enrol the student wishing to transfer from another registered provider’s course prior to the student completing six months of his or her principal course of study except where:

  1. a. the original registered provider has ceased to be registered or the course in which the student is enrolled has ceased to be registered
  2. b. the original registered provider has provided a written letter of release
  3. c. the original registered provider has had a sanction imposed on its registration by the Australian Government or state or territory government that prevents the student from continuing his or her principal course, or
  4. d. any government sponsor of the student considers the change to be in the student’s best interest and has provided written support for that change.
7.2

The registered provider must have and implement its documented student transfer request assessment policy and procedure, which is available to staff and students. The policy must specify:

  1. the circumstances in which a transfer will be granted
  2. the circumstances the registered provider considers as providing reasonable grounds for refusing the student’s request, including when a transfer can be considered detrimental to the student, and
  3. a reasonable timeframe for assessing and replying to the student’s transfer request having regard to the restricted period.
7.3

The registered provider must grant a letter of release only where the student has:

  1. a. provided a letter from another registered provider confirming that a valid enrolment offer has been made, and
  2. where the student is under 18;
    1. i. the registered provider has written confirmation that the student’s parent or legal guardian supports the transfer, and
    2. where the student is not being cared for in Australia by a parent or suitable nominated relative, the valid enrolment offer also confirms that the registered provider will accept that responsibility for approving the student’s accommodation, support and general welfare arrangements as per Standard 5 (Younger students).
7.4 A letter of release, if granted, must be issued at no cost to the student and must advise the student of the need to contact DIAC to seek advice on whether a new student visa is required.
7.5 Where the registered provider does not grant a letter of release, the student must be provided with written reasons for refusing the request and must be informed of his or her right to appeal the registered provider’s decision in accordance with Standard 8 (Complaints and appeals).
7.6 The registered provider must maintain records of all requests from students for a letter of release and the assessment of, and decision regarding, the request on the student’s file.

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