Transfer between Registered Providers Policy and Procedure

Purpose

The purpose of this policy is to outline the process and procedure for international students wishing to transfer in or out of Turner English. Turner English must not knowingly enroll a student wishing to transfer from another Registered Provider’s course prior to the student completing six (6) calendar months of his/her Principal Course, except in limited circumstances as outlined in the procedures of this policy.  The six calendar months are calculated from the date of commencement of the Principal Course.

Turner English is entitled to determine the circumstances in which it will provide or refuse to provide a Letter of Release.  Where a Student requests a transfer before or within the period of six (6) months of commencement of their Principal Course, Turner English will assess the request for transfer against this policy.

Students are required to comply with Turner English and attend any interviews or other appointments scheduled for them including, but not limited to those for course progress, attendance and student support services.

Legislative Base

The following legislation is applicable to this policy and procedure:

Educational Services for Overseas Students (ESOS Act 2000) and ESOS Regulations 2001

National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (National Code 2007): Standard 7

Scope

This policy applies Institute-wide to all international students enrolled in courses at Turner English.

Definitions

Letter of Release:  is a statement from a student’s current education provider to a new education provider, in the event the student requests to change providers prior to completing their course.  The letter explains whether the institution is willing to release the student from their study.

Principal Course: The main course of study to be undertaken by a 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.

Procedure

1. Students Wishing to Transfer into the Institute
   • The following procedure is relevant to any student who applies for a course within the Institute and is currently studying on-shore with another registered provider.
   • The applicant must provide a copy of their student visa and appropriate student details.
   • The Admissions Officer will action the application as follows:
     • Access the student information via PRISMS to ascertain if the length of studies completed in the student’s course of study is greater than 6 months.
     • Print a copy of PRISMS record and attach to the student application.
     • Where a student has completed more than 6 months of their principal course of study, the application process proceeds as for all off-shore students.
     • Where a student has not completed 6 months of their principal course of study, they are asked to provide a valid Letter of Release from their current provider in support of their application.
     • The Institute will maintain records of all communication regarding transfer requests from students on individual student files, such as the original letter of request, a copy of the Institute’s assessment/response to request; and outcome.
     • To support the student’s application, Turner English may provide a ‘Conditional’ Letter of Offer which clearly states that an offer of a place is contingent on the student obtaining a Letter of Release from their current provider.
     • Students who are in receipt of a Government scholarship, should provide written support from this government scheme, agreeing to the change which will stand in lieu of any letter of release.
     • If such a Letter of Release is received and the student has no outstanding fees to be paid to their current institution or other outstanding matters of concern, the application will be processed as for all off-shore applicants.

2. Students wishing to Transfer to Another Registered Provider Within the First 6 Months of Principal Course
   • To apply to transfer to another provider within the first 6 months of the Student’s Principal Course, the student’s request will be assessed against a number of criteria.
   • Acceptable – Turner English considers the following circumstances to justify a transfer:
     • An ongoing medical condition supported by a valid medical certificate which includes detailed information justifying the transfer; or
     • Personal difficulties or educational problems that cannot be addressed by Turner English resources
     • The Student has provided a letter from another registered provider confirming that a valid enrolment offer has been made; and
     • The Student has provided:
       1. a signed and dated Request for Letter of Release Form; and
       2. a letter detailing their reasons for requesting a transfer to another provider and that the transfer request form meets all requirements

• the Student is sponsored by another government and that government sponsor provides written support of the change on the basis it considers the change to be in the Student’s best interests; or
• Turner English has ceased to be registered or the Course in which the student is enrolled has ceased to be registered; or
• Turner English has a sanction imposed on it that prevents the student from continuing his or her Principal Course.
• The Admissions Officer will recommend to the Executive Administrator that the Student’s request for a transfer be granted on the basis of the above criteria.

• Non-Acceptable – Turner English considers the following circumstances do not justify as transfer:
  • the student has not completed the first 6 months of the course in which he or she is enrolled; or
  • Turner English considers that the student is trying to avoid being reported to the DIBP for failure to meet the Turner English Attendance or Course Progress requirements; or
  • The Student has not accessed Turner English Student support or welfare services after having been requested to do so; or
  • The documents provided by the Student do not, in Turner English’s view, adequately support grounds upon which the transfer is requested
  • The Student has outstanding fees at Turner English in the current study period.

3. Students Wishing to Transfer to Another Registered Provider After Completion of 6 Months No Letter of Release is required where:
   • the Student has completed at least 6 months’ study in his or her Principal Course; or
   • the Student is sponsored by another government and that government sponsor provides written support of the change on the basis it considers the change to be in the Student’s best interests; or
   • Turner English has ceased to be registered or the Course in which the student is enrolled has ceased to be registered; or
   • Turner English has a sanction imposed on it that prevents the student from continuing his or her Principal Course.

4. Letter of Release Process
   • Students must complete a Request for Letter of Release Form available from the Student Administration Office.
   • A Letter of Release is issued at no cost to the Student
   • The following documents must be attached to the Request for Letter of Release Form:
     • A letter detailing the reasons behind their request to transfer to another registered provider and how they will benefit from the transfer; and
     • Copy of the other Registered Provider’s Letter of Offer, confirming that a valid enrolment offer has been made unconditionally at that institution; and
     • Copy of documentary evidence. Failure to present evidence may adversely affect the outcome of the Request for Letter of Release; and
     • Written approval for the change from the scholarship body if a sponsor is paying the tuition fees
   • Student Administration staff may also:
     • Forward a copy of the Request for Letter of Release to the Student Counsellor in certain circumstances
     • Arrange an appointment for the student with the Student Counsellor

5. Assessment of Request for Transfer the Student Counsellor will interview the Student to determine the circumstances surrounding the release; and
   • How the student may benefit from a transfer to another education provider; and consider options available to the student to achieve his or her learning goals, including through implementing an Intervention Plan or any other student support services offered by Turner English to assist the student to adjust to study and life in Australia; and
   • Where it is in the student’s interests, refer the student to the Institute’s support services for:
     1. Academic skill support;
     2. Additional English support;
     3. Additional tutoring and study group support;
     4. Increased monitoring;
     5. A mentor program
     6. Referral to personal counseling;
     7. The purpose of discussing the suitability of the course;
     8. Consideration of reduction in course load;
     9. Implementing an Intervention Plan; and

Within 5 days of the student’s lodgment of the Request for Letter of Release, make a recommendation to the Executive Administrator.

• The Executive Administrator will:
  • Consider the Request for Letter of Release and supporting documents on the basis of:
    1. The Student’s educational goals and individual circumstances; and
    2. Turner English’s Student Counsellor’s recommendation;
  • Make and record a decision as to whether to grant a Letter of Release within 5 days of receiving the Student Counsellor’s recommendation.

6. Decisions and Outcomes
   • Students will be advised in writing of the outcome of the application within 10 working days of the lodgment of a complete Request for Letter of Release Form.
   • Letter of Release Approved. If the Executive Administrator decides to grant a Letter of Release, the Admissions Officer will immediately write to the Student, including the following:
     • Withdrawal from Course Form
     • Withdrawal from Course Feedback Form
     • International Student Confirmation of Release Letter
     • Information in relation to student’s commitment to study, attendance/ course progress and whether fees are up to date
     • Advice that the students Confirmation of Enrolment (CoE) will be cancelled and he or she must contact DIBP to seek advice on whether a new student visa is required;
     • Advice that the Student may apply for a refund in accordance with Turner English’s Refund Policy and Procedure.

• Letter of Release Denied. If the Executive Administrator decides not to grant a Letter of Release, he or she will notify the student in writing, including:

• The reasons for the decision not to grant a Letter of Release;
• Advice that he or she may freely transfer after completion of 6 months of his or her Principal Course; and
• Information on the student’s right to appeal the decision in accordance with the Complaints and Appeals Policy, within 20 working days of notification, at no cost to the student.
• The Student is required to remain enrolled until the appeals process is completed
• Student Complaints and Appeals Form
• AEI’s Student Fact Sheet ‘Transferring to an Education or Training Provider’

• Letter of Release Denied on Appeal. If, after careful review by the Institute’s Review Panel, the Student’s Internal Appeal is unsuccessful, the Executive Administrator will notify the Student in writing including:
  • The reasons for the decision
  • Requesting the Student to make an appointment with the Student Counsellor to discuss the Institute’s support services; information regarding the external appeal process
  • Copies of the Overseas Ombudsman Form and External Review Process, and AEI’s Student Fact Sheet ‘Transferring to an Education or Training Provider’.
  • The Student’s right to pursue further action under Australia’s Consumer Protection Laws.
• The Institute will maintain records of all communication regarding transfer requests, Letters of release and the assessment process and outcomes from students in individual student files.

Responsibilities

The Executive Administrator is responsible for the implementation of this policy and procedure and to ensure that staff and students are aware of its application and requirements.

The policy will be communicated to staff through staff induction processes, Staff Handbook and ESOS staff training.  The Executive Administrator or delegate as detailed above is responsible for assessing all application for requests for transfer to and from Turner English.

Review

Turner English will self-audit a selection of student files who have been granted or refused a Letter of Release to ensure compliance with this policy.

This policy and procedure is subject to scheduled internal audits and will be reviewed at any time there are changes to the ESOS Act or the National Code 2007.