Policies and Forms

Educare College adheres to regulations pertaining to marketing and promotional materials and training products and services are current, accurate, adequate, ethical, professional, openly accessible and maintain the integrity of Vocational Training Education Industry all the times and the ESOS National Code of Practice Part D

This policy applies to all Educare’s staff and education agents preparing marketing materials and undertaking student recruitment.

Educare and its agents provide current, accurate, adequate and openly accessible information for prospective and enrolled students on all matters relating to their studies for Vocational Education and Training awards.  All marketing information is ethical, professional, and maintains the integrity and reputation of the Education Industry as per ESOS Act requirements.

The CRICOS provider code (# # # #) and RTO provider name, namely “Educare Training Institute Australasia ® trading as Educare College” will be clearly identified on all material used to market Educare College and its courses to students, including electronic form.

Educare College will not give false or misleading information in relation to:

  • claims of association between providers;
  • the employment outcomes associated with a course
  • automatic acceptance into another course;
  • possible migration outcomes; or
  • any other claims relating to the registered provider, its course or outcomes associated with the course

Educare will not recruit any student where the student has not completed their first six months of study in his or her principal course, except under specific circumstances listed in the Transfer between Providers Policy.

This policy establishes the principles and processes by which Educare College selects students for enrolment into its courses.  It provides the step by step procedures in assessing student qualifications, experience and English Proficiency

  1. All students must complete the International Student Application Form, sign and date where required and attach notarised evidence of past qualifications, work experience (if relevant) and English language test results, undertaken no more than 12 months prior to application.
  1. Educare will not enrol international students under 18 years of age. The International Contact Officer must confirm the student’s date of birth and tick or cross to confirm whether they will be 18 years or older at commencement of their enrolment.
  1. The International Contact Officer will review the International Student Application Form and determine if an offer should be made based on the entry requirements stipulated for the qualification. To be accepted the applicant must meet the academic entry requirements (if applicable) and the specified language requirement.
  1. Each enrolment application will be assessed to ensure that the student’s qualifications, experience and English language proficiency are appropriate for the course for which enrolment is sought.
  1. If the applicant’s educational qualifications do not meet the Institute’s admission requirements, other factors may be considered at the discretion of the Educare’s Compliance and Training Manager and additional evidence sought to confirm. These other factors may include but are not limited to:
    • Mature age (21 or over) at the proposed date of commencement
    • Work experience relevant to the qualification or industry area of the selected course
    • Attitude and aptitude to participate in an academic environment

 

  • Previous academic results and attendance / participation history in any previous college
  1. The International Contact Officer will use the International Student Enrolment Checklist to ‘tick yes’ or ‘cross no’ and confirm whether all documentation has been provided and requirements have been met. Should more information be required, this will be noted on the application form and sought from the applicant in writing.
  1. Educare has determined the minimum IELTs language overall score for entry to all Certificate level courses will be 5.5 and 6.0 or equivalent for Diploma level courses. (See ELICOS information below re equivalency) (Where an applicant has completed formal education (high school, higher education etc) in an English-speaking country or school, or completed a Certificate III or higher-level qualification delivered in English, there is no requirement for provision of formal evidence of English testing, however Educare may at its discretion require an applicant to undertake an LLN indicator).

There are many different English language tests available which students can use as the basis for satisfying Australian Student Visa requirements if this is needed. Testing systems might be more common in some countries rather than others and not all testing systems are available in all countries.

The English tests which are accepted for Australian Student Visa purposes are:

  • IELTSInternational English Language Testing System test
  • TOEFL iBTTest of English as a Foreign Language internet-Based test
  • PTEPearson Test of English
  • CAEAcademic Cambridge English: Advanced test (also known as Certificate in Advanced English)
  • OETOccupational English Test
  • TOEFL PBTTOEFL Paper-Based Test is accepted in a number of countries where IELTS is not available

The different tests use different scoring systems which can then be used to determine eligibility for an Australian student visa

Test English Language Tests Equivalent Scores for Student Visas
IELTS 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0 8.5 9.0
TOEFL iBT 31 32 35 46 60 79 94 102 110 115 118
PTE Academic 29 30 36 42 50 58 65 73 79 83 86
Cambridge English: Advanced (CAE) 32 36 41 47 52 58 67 74 80 87 93
OET Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass
TOEFL PBT 433 450 500 527 550 n/a n/a n/a n/a n/a n/a
  1. Applications which do not meet the requirements for the course being applied for will be advised in writing within three (3) business days of receipt of the fully completed application.
  2. Applications which meet the specified course entry requirements will be issued with a Course Acceptance Offer and Written Agreement within five (5) working days.
  1. The Course Acceptance Offer and Written Agreement will specify, as a minimum:
  • Any conditions of enrolment (such as, but not limited to, principal course of study dependant on successful completion of lower level qualifications)
  • Itemised list of course and other fees to be paid by the student and the payment terms
  • Refund policies (including money collected by agents) and procedures
  • Circumstances in which personal information will be disclosed
  • Obligation of the student to notify of address changes during enrolment
  • Processes in the event a course is unable to be delivered
  • The words ‘This agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection laws’.
  • Course Acceptance of Offer and Written Agreements will be checked and signed by the Principal Executive Officer prior to issue. On receipt of a completed and duly signed Acceptance of Offer and Written Agreement and receipt of applicable enrolment fee and initial tuition fees as noted in the offer, Educare will generate a Confirmation of Enrolment (CoE) on PRISMS.

Educare College’s refund policy is in accordance with the ESOS Act 2000 (as amended), and its accompanying regulations, and it applies to all overseas students. This and other information may be provided to the Australian Government (ASQA, Department of Education and Training, DIBP) and, if relevant, the Tuition Protection Service (TPS) Director in relation to administering the ESOS Act 2000, the National Code 2017 and/or the Migration Act (as amended).

All requests for a refund must be made in writing by the student(s) and submitted to Educare College together with any supporting documentation, if applicable.

In the case of a student visa refusal and/or student default, refunds will be made within four (4) weeks of receiving a written claim from the student and will include a statement explaining how the refund was calculated.

  1. Student Visa refusal

Written documentation of the student visa refusal must be provided by the course applicant to Educare College.

1(a) Tuition fees paid at the time of cancellation will be refunded in full if a student visa application lodged overseas is rejected. However, the Enrolment Fee of AU$200.00 is non‐refundable.

1(b) If a student is offshore and a student visa has not been issued in time to commence a course at the agreed starting date, and the student contacts Educare College in writing to agree to a deferred starting date, another commencement date would be arranged without additional fees. Should the deferred starting date be unacceptable, the tuition fees paid will be refunded in full at the time of cancellation. However, the Enrolment Fee of AU$ 200.00 is non‐refundable.

1(c) A student who is onshore must commence a course on the agreed commencement date, even though a decision for their student visa application may still be awaiting a decision from DIBP. A prorata refund of the unused portion of the tuition fees at the time of their refusal/rejection of their onshore student visa application will be granted to the student after the course commencement date has passed. However, the Enrolment Fee of AU$ 200.00 is non‐refundable.

  1. Student defaults – Occurs where an overseas student does not commence a course, or withdraws from a course as defined in section 27(2) of the ESOS Act. The student is required to provide written notice to Educare College for the course cancellation.

Refunds will be made as follows:

2(a) 80% of the tuition fees paid if notice of cancellation received at least 6 weeks prior to the course commencement date. The enrolment fee of AU$ 200.00 is non‐refundable.

2(b) 70% of the tuition fees paid if notice of cancellation received at least 4 weeks prior to the course commencement date. The enrolment fee of AU$ 200.00 is non‐refundable.

2(c) 50 % of the tuition fees paid if notice of cancellation received at least 2 weeks prior to the course commencement date. The enrolment fee of AU$ 200.00 is non‐refundable.

2(d) No refund of tuition or enrolment fee will be made if notice of cancellation or withdrawal is made either on or after the course commencement.

2(e) No refund will be paid where Educare College terminates an enrolment due to a student failing to satisfy course requirements relating to attendance or academic progress, in accordance with the obligations of the student under the student visa regulations.

2(f) No refund will be paid where Educare College terminates an enrolment due to a student failing to pay an amount he/she was liable to pay the RTO, directly or indirectly, to undertake the course.

2(g) No refund will be paid where Educare College terminates an enrolment due to a student misbehaving (i.e. consuming drugs, alcohol or smoking anywhere on campus) and causing problems for other students, staff, the RTO’s reputation and its relationship with other organisations (such as building management) or for breaking laws anywhere in Australia. This does not affect the student’s rights to access Educare College’s complaints and appeals processes.

  1. Provider defaults – Occurs where the registered education provider fails to provide a course or ceases to provide a course to an overseas student in accordance with section 27(1) of the ESOS Act.

Reimbursement in the case of provider default is within two (2) weeks of the default day occurring to the student and will include a statement explaining how the refund was calculated.

3 (a) In the unlikely event that Educare College is unable to deliver a course in full, a student will be offered a refund of the unused portion of the tuition fees that they have paid to the institute.

3 (b) Alternatively a student may be offered enrolment in an alternative course by Educare College at no extra cost to the student. A student has the right to choose whether he/she would prefer a refund of the unused portion of the tuition fees, or to accept a place in another course at Educare College. If a student chooses placement in a new course, Educare College will require the student to sign a new Letter of Offer and Student Agreement to indicate that he/she accepts the placement in the new course.

3 (c) If Educare College is unable to provide a refund, or place a student in an alternative course, the Tuition Protection Service (TPS) will assist the student in finding an alternative course. If a registered education provider of an alternative course offers the student a place in the course, the student may accept the offer in writing within thirty (30) days of the provider obligation period ending, unless the period is varied by the TPS Director. The TPS will transfer any unused portion of tuition fees to the new registered education provider.

3 (d) If there are no suitable alternative courses or course offers, the student may apply for a refund to TPS for the amount of any unused portion of the tuition fees that the student has paid to Educare College. These fees are any tuition fees that student has already paid and that are directly related to the course for which the tuition has not yet been received by the student.

Requests for refunds will be processed and recorded in the refund register and in each students file via the Student Management Database.

Refund application requests are to be made in writing on the Student Refund Request Form provided by Educare College and submitted to the Student Management Officer for processing.

The Student Management Officer will ensure all the relevant information has been recorded correctly, including Bank details as to where the money is to be deposited, before submitting to the Principal Executive Officer of Educare College for consideration.

The Principal Executive Officer will authorise eligible student refunds and a written explanation as to how the refund was calculated and a copy of the refund agreement that was signed by the student will be sent to the student and a copy placed in the student file for Educare College’s records.

All refunds will be paid in Australian dollars.

Any enrolment fee is non-refundable under any circumstances.

Note:   The written agreement, and the availability of a complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection laws.

The ESOS Legislative framework requires international students to study a full-time study load which is specified as a minimum of 20 hours per week of face to face teaching. The only reason a student may undertake a reduced study load is if they need to undertake a part-time enrolment to complete a course of study where they need to repeat one or more failed units for the first time. International students are not entitled to undertake a reduced study load because of credit transfer, exemptions or to repeat failed units more than once.

Educare College recommends that all students attend 80% of classes, and scheduled work placement, to have the best opportunity to successfully complete the program of study within the expected duration of the program.  Educare College will monitor students’ attendance.

If a student is absent due to illness, they should provide a Doctor’s certificate (from a registered medical practitioner with a provider number). A receipt is not sufficient. The medical certificate should be given to administration or your trainer on the first day of joining the class after the illness.

Students must be aware that if the class attendance falls below 80% of the scheduled contact hours, or there is an absence from class of more than five (5) consecutive days without prior approval, Educare College is required to review the student’s course involvement, and provide counselling, implement an intervention strategy and, if necessary, report the student to the Secretary of the Department of Education and Training through PRISMS. If the student’s attendance falls below the 80% minimum attendance requirement and the student also has an unsatisfactory course progress, Educare College will implement an intervention strategy to ensure course progress is able to be maintained. A warning letter will be served to students to notify them of the breach of the conditions of the student visa.   Failure to improve on attendance and in course progression for two consecutive terms will be a ground for cancelling the enrolment of students.

Deferment/Suspension of Study

Students may only defer course commencement for medical reasons (illness), or exceptional circumstances beyond the students’ control, such as bereavement. Students need to support their application for deferment with evidence such as medical certificates.  Weddings, pregnancy, festivals or family occasions are not acceptable. Students must specify the duration and reason for the deferral and should understand that visa cancellation may be initiated by DIBP if the deferral is for more than one semester.

In turn, Educare College will only defer or suspend a student enrolment on the grounds of compassionate or compelling circumstances and may suspend or cancel a student’s enrolment for misbehaviour by the student (See Student Code of Behaviour, p. 13) or causing problems for other students, staff, the College’s reputation and its relationship with other organisations or for breaking laws.

Educare College will also systematically monitor and assess the course progress of international students primarily to identify and offer support to students who are at risk of failing to meet course progress requirements.

As a registered provider, Educare College will monitor, record and assess the course progress of each student for each unit and will report students who fail to meet the course progress requirements.

To achieve satisfactory course progress, students must be competent in at least 50% of the units they are enrolled in any term period. Students who have been assessed as not competent may be re-assessed in accordance with Educare College’s assessment policy. However, if the student is not competent after being reassessed, then the student will be considered not competent for the unit of competence.  Students who have been deemed not competent in 50 per cent or more of the units during each study period are identified as students ‘at risk’.

Early Intervention

Educare College adopts an early intervention approach to course progress. Trainers/assessors monitor each student’s performance in each unit of competency in which they are enrolled. If a student appears to be experiencing difficulty, the trainer/assessor will notify the Student Management Officer.  The student will be asked to attend a meeting with the Student Management Officer and the trainer where the student’s progress and any difficulties are discussed and the appropriate support and assistance is provided.

Intervention Strategy where a student is identified as not meeting course progress requirements

Where students are at risk of failing to meet course progress requirements, Educare College will implement an Intervention Strategy to provide the student with academic support and assistance.

An Intervention Strategy is an individual plan developed by the Student Management Officer and the trainer/assessor in consultation with the student. The primary purpose of an Intervention Strategy is to provide specific assistance and/or advice to address the issues preventing the

student from achieving competency. The Intervention Strategy must be agreed to and signed by the Student Management Officer, the trainer and the Student, and a copy placed in the student’s file.

Examples of intervention measures may include the following:

  • Arranging extra learning support or tutorials;
  • Arranging counselling for assistance with personal issues;
  • Providing advice regarding study habits (i.e. maintaining required class attendance);
  • Providing opportunities for students to be reassessed or to repeat subjects;
  • Arranging to vary or reduce the enrolment load for the semester;
  • Providing advice regarding course suitability.

Students who have been identified as being “at risk” at the end of each term will be sent a Course Progress Letter requiring them to attend a course counselling interview with the Student Management Officer within three (3) working days. The student’s ‘at risk’ status will be discussed and an appropriate intervention (and support) strategy will be developed and formalised to enable the student to complete their studies.

The student will receive a copy of the program that is developed to achieve the required course progress with next review date on it.  The trainer/assessor will also receive a copy of the program and will be required to submit a weekly academic involvement report outlining the student’s progress.  The intervention strategy will be implemented until the end of the next term. It is the student’s responsibility to ensure that they follow the intervention program that has been decided upon and to maintain contact with the trainer/assessor and/or the Student Management Officer.

If following the implementation of an intervention strategy, a student demonstrates competency through supplementary assessment for units which he/she had not successfully completed in the previous term, and as a result he/she achieves competency in 50% or more of the units attempted in that previous study period, the Student Management Officer will review the student’s academic history, and may cancel the intervention strategy, amend it or continue it unchanged to the end of the term.

The academic progress of each student with an intervention strategy will continue to be monitored for the remainder of the second study period and the student’s results will be reviewed at the end. If satisfactory academic progress of 50% or more is achieved during that second term, the student will no longer be regarded as being ‘at risk’ and the intervention contract will no longer be in place.

Unsatisfactory course progress

Students who do not achieve satisfactory course progress in two (2) consecutive terms will receive written notification of Educare College’s intention to report their unsatisfactory progress to DET via the PRISMS system in accordance with Section 19.2 of the ESOS Act.  The Department of Immigration and Border Protection (DIBP) will be automatically alerted, which may result in the cancellation of the student’s visa.

Students will be advised how to access the Complaints and Appeals process.  Students will have 20 working days in which to lodge an appeal against this intention.

After the appeals process is finalised, if the student is still considered to have failed to meet satisfactory course progress, Educare College will report the student to DET via PRISMS within 5 working days, and the student will receive a Section 20 Notice. The student must present to DIBP within 28 days to explain the breach, or their student visa may be cancelled.

Copies of the letters, intervention support program and all other relevant documents will be placed in the students file and a Diary note be recorded using the Student Management Database.

One of the best ways for students to maintain acceptable course progress is to maintain attendance at classes.

Educare College ensures that all stakeholders including students have access to a fair, equitable and efficient complaints and appeals process.

The definition of a complaint is

  • An individuals’s expression of dissatisfaction with any service provided to them.
  • Educare College students may raise any matters of concern relating to training delivery and assessment, the quality of the teaching, student amenities, discrimination, sexual harassment and other issues that may arise.

The definition of Appeal is

  • a request to review a decision that has previously been made.

Students are initially encouraged to resolve concerns or difficulties with the person concerned before it becomes a formal complaint.

If a student is dissatisfied with the outcome of a decision, they may access an independent external body as required and as described in the External Appeals section of this document.

Internal complaints and appeals will incur no costs to the student. Educare College will ensure that prompt decisions will be made to ensure a student’s visa will not be restricted and affect the student’s stay in Australia. The Principal Executive Officer is responsible for implementation of this procedure and ensuring that staff and students are made aware of its application.

Written agreements with the student and the availability of complaints and appeal processes, does not remove the right of the student to take action under Australia’s consumer protection laws.  This policy is applicable to all complaints and appeals made by students irrespective of the reason for the initial decision.

Informal Complaints Procedure

In the first instance, students are encouraged to try and resolve concerns or difficulties directly with the person involved.  However, if the student is not comfortable with this approach or this approach is not possible for any reason, students may raise the matter with any Educare College staff member. If students are not satisfied with the outcome of the informal process they may register a formal complaint.

Formal Complaint Procedure

To register a formal complaint a student must complete the Student Complaint Form and contact the Student Management Officer to arrange a meeting. At this meeting, the complaint can be discussed and a resolution attempted. The student may be accompanied and assisted by a support person at this meeting.

If a student is dissatisfied with the outcome of this meeting, then the student will have an opportunity to formally present their case (at no cost to the student), in writing or in person to the Compliance and Training Manager of Educare College.

The complaint is recorded in writing by completing the student complaint form prior to the meeting or a new document can be prepared and signed during the meeting.  The Compliance and Training Manager will endeavour to resolve the complaint with the student and any other parties who may be involved.

The resolution phase will commence within 10 working days of the complaint being lodged in writing. A maximum time of 20 working days from the commencement of the resolution phase will be allowed for the resolution unless all parties agree in writing to extend this time. Where it is expected that the complaint resolution may take more than 60 days, Educare will advise the student accordingly and continue to provide the student with progress updates of the process.

At the point of resolution, the Compliance and Training Manager will provide a written statement of the outcome, including the details of the reasons for the outcome by letter or email to the student (last known address). Educare College decision and reasons for the decision will be documented by the Compliance and Training Manager and placed in the student file.

Internal Appeals Procedure

Internal appeals may arise from many occurrences including but not limited to: appeals against assessment outcomes; appeals against disciplinary actions; and appeals against decisions arising from complaints. Generally, an appeal is a request by a student to reconsider a decision made by Educare College.

Students have the right to appeal decisions that they consider to be unfavourable and/or unreasonable; or where Educare College’s intention is to report the student due to the following:

  • Unsatisfactory academic progress
  • Unsatisfactory attendance
  • Non-payment of fees
  • Other matters related to a student’s program of study at Educare College.

Students lodging an appeal must outline the decision and reasons for the appeal, including any compassionate or compelling circumstances, and may provide documentary evidence in support of their appeal. Appeals must be received within the timeframe specified above.

Students must submit their appeal in writing for consideration by an Appeals Committee, consisting of the Principal Executive Officer, and 2 other persons (such as relevant training and/or content expert, industry representative) not directly involved in the initial decision/assessment.

Where a student attends any meeting as part of the appeals process, the student has the right to be accompanied and assisted by a support person.

Students have up to 20 business days to lodge an internal appeal against Educare College’s formal notification of intent to report the student.

Internal appeals for any other decisions related to a student’s program of study at Educare College must be lodged within 5 business days of the date the decision was communicated to the student in writing.  If an internal appeal is not lodged within the specified timeframe, the decision will stand.

All documentation lodged must be original documents or certified copies, no photocopies or facsimiles will be accepted.

A student’s enrolment will be maintained and students are required to attend all classes during an internal appeals process. However, in circumstances where a student is issued with a letter of intent to report for non-payment of fees, the student may be excluded from the classes until all overdue fees are paid in full.

When a student is reported for Unsatisfactory Course Progress, Educare College will maintain the enrolment of the student, which means Educare College does not notify DET of any change to the student’s enrolment status through PRISMS until both an internal and external appeal (if required) is complete which may support the Educare College decision to report.

The appeal resolution phase will commence within 10 working days of the internal appeal being lodged in writing. A maximum time of 30 working days from the commencement of the appeal resolution phase will be allowed for the appeal resolution unless all parties agree in writing to extend this time.

Students appealing an assessment or RPL outcome will be given the opportunity for reassessment by a different assessor selected by the Compliance and Training Manager with the costs of reassessment met by Educare College.

The student will be provided with a written statement of the outcome of the internal appeals process within 5 business days of the appeal hearing, including details of the reasons for the outcome, and any actions to be undertaken.

The outcome of the internal appeal and reasons for the outcome will be recorded in writing, signed and dated by the student and the Principal Executive Officer and placed in the student file.

When the complaint handling and appeal process results in a decision that supports the student, Educare College will immediately implement any decision and or corrective and preventative action required and advise the student of the outcome.

External Appeals

If a student is dissatisfied with the internal appeal decision, Educare College will nominate ACPET as an independent external person or organisation to hear the complaint and propose a final resolution. This person or body will not be the same as any person or body that heard the original complaint.

The purpose of an external appeal process is to consider whether Educare College has followed the correct policies and procedures in making the appeal decision but is not to review the decision previously made by Educare College. Students who wish to have their case heard by an external body, must notify the Principal Executive Officer of their External Appeals lodgement detail within 5 business days from the date on the written notification of the outcome of the student’s internal appeal.

If an appeal is lodged regarding Educare College’s decision to report the student for unsatisfactory course progress or unsatisfactory attendance, Educare College will maintain the student’s enrolment (i.e. not report the student for unsatisfactory progress or attendance) until the external appeals process is complete and has supported the provider’s decision to report.

If an appeal is lodged regarding Educare College’s decision to suspend or cancel a student’s enrolment or suspend a student’s enrolment due to misbehaviour, Educare College only needs to await the outcome of the internal appeals process (supporting the provider) before notifying DET through PRISMS of the change to the student’s enrolment. Once DET has been notified of a suspension or cancellation of a student’s enrolment, the student has 28 days in which to either leave Australia, provide Department of Immigration and Border Protection (DIBP) with evidence that he or she has accessed an external appeals process or show DIBP a new Confirmation of Enrolment (CoE).

Nothing in this procedure inhibits student’s rights to pursue other legal remedies. Students are entitled to resolve any dispute by exercising their rights to other legal remedies. Students

wishing to take this course of action are advised to contact a legal representative and will incur all costs of this action.

Ombudsman:

The Overseas Students Ombudsman offers a free and independent service for overseas students who have a complaint or want to lodge an external appeal about a decision made by their private education or training provider. See the Overseas Students Ombudsman website www.oso.gov.au, email ombudsman@ombudsman.gov.au or phone 1300 362 072 for more information.

The Overseas Students Ombudsman will investigate complaints at no cost to the provider or student. The Overseas Students Ombudsman can investigate complaints about action taken by private providers in connection with overseas students. Complaints might, for example, be about:

  • refusing admission to a course;
  • fees and refunds;
  • course or provider transfers;
  • course progress or attendance;
  • cancellation of enrolment;
  • accommodation or work arranged by a provider;
  • incorrect advice given by an education agent.

The Queensland Ombudsman’s office may take several weeks to investigate the student’s appeal. Should international students have concerns regarding their student visa during this time, they should seek advice from the Department of Immigration and Border Protection (DIBP).

Educare College recognises the effect critical or traumatic incidents can have on students and how these affect their education outcomes.  The purpose of this policy is to ensure that appropriate measures are in place to respond to a critical incident and to minimise, where possible, the impact on students who are affected and impacted (post incident, by providing appropriate and adequate support).

The Critical Incident policy is intended to provide a framework for the response to, and management of, critical incidents that pertain to domestic and international students studying with Educare College.  Educare College has an obligation to notify WHS, DET and DIBP as soon as practical after the critical incident.

For international student management, a critical incident is defined by the ESOS National Code, Standard 6, as ‘a traumatic event, or the treatment of such (within or outside Australia), which causes extreme stress, fear or injury’. Critical incidents may include but are not limited to:

  1. missing student;
  2. workplace health and safety incident;
  3. severe verbal or psychological aggression;
  4. death, serious injury or any threat of these;
  5. aggressive behavior/assault;
  6. witnessing a traumatic event;
  7. child/person abduction from Educare College site
  8. natural disaster both within Australia or home country; and
  9. issues such as domestic violence, sexual assault, drug or alcohol abuse.

All critical incidents should be reported using the Educare College’s Critical Incident Form.  The form may be used to inform an investigation into the critical incident, therefore all information must be an accurate representation of the incident.

Educare College adheres and implements process for appropriate, effective and speedy responses to, and management of, critical incidents. Priority will be given to responding to and managing critical incidents. Educare College has staff members designated to assist in the prevention and management of critical incidents, or off campus in the case of an overseas student for whom Educare College has undertaken care responsibilities or other students and staff involved in Educare College-related activities.

The critical incident team includes the Principal Executive Officer, Training and Compliance Manager, Manager, International Services and the Student Management Officer. The responsibilities of the team include:

  1. risk assessment of hazards and situations which may require emergency action;
  2. analysis of requirements to address these hazards;
  3. establishment of liaison with all relevant emergency services e.g. police, fire brigade, ambulance, community emergency services, hospital, poisons information centre, community health services;
  4. 24-hour access to contact details for all students and their families [for overseas students this includes agents, consular staff, embassies, interpreter services];
  5. 24-hour access to contact details for all relevant faculty or staff members needed in the event of a critical incident;
  6. development of a critical incident plan for each critical incident identified;
  7. assisting with implementation of critical incident plans;
  8. dissemination of planned procedures (including provision of a summary of the Critical Incident Policy in plain English and highlighting the critical incident contact person for distribution to all students, and especially international students);
  9. co-ordination of appropriate faculty and staff development; and
  10. regular review of critical incident plans (including an annual review of contact numbers to ensure currency).

The Principal Executive Officer will be responsible for critical incident procedures and for designating an appropriate member of critical incident team as team leader. Designated Team Leaders within Educare College will guide critical incident response and management from first report of an incident to completion of the response, including review and evaluation of responses to the incident. Other than the Principal Executive Officer, members of the Educare College staff must not communicate with the media concerning a critical incident unless they are approved by the Principal Executive Officer to be a spokesperson in relation to the incident.

Educare College approved records management system will have effective processes for record-keeping and records management in relation to critical incidents.

Procedure

  1. In the event of a critical incident, the following steps must be taken to ensure safety and well-being of all students and staff.
    • Evacuate building, if necessary;
    • Contact emergency services as appropriate;
    • Advise Student Management Officer and/or Manager, International Services
  2. The Student Management Officer or the designated team leader will:
    • Provide all those affected by the incident with access to information;
    • Coordinate the de-briefing of those affected within 8 hours of the incident;
    • In the case of international students advise DIBP and student’s family, if appropriate;
    • Liaise with emergency services or authorities, if required;
  • Monitor the need for counselling for those affected by the incident and facilitate, if required.
  1. Record of incident to be made and kept in administration and/or student files. In the event of any injury or critical incident to a student, details are to be recorded in the Critical Incident Form. Completed forms are to be forwarded to the Student Management Officer who will ensure appropriate registration of the incident and required follow up procedures are followed.
  2. Post-Incident support services – If the Student Management Officer perceives that a student appears to require counselling or other support following a critical incident they will approach the member of Critical Incident Team to identify and discuss potential supports and actions. The student who involved in or present during a critical incident will receive post-incident support such as rest, information and transition before leaving the College premises.  There may be instances where the Training and Compliance Manager (in consultation with the Principal Executive Officer) may allow a student to not attend classes due to an investigation process and/or severity of the incident.  Student involved in a critical incident have a responsibility for self-care. If a student chooses not to participate in debriefing, this should be noted through the Student Management Officer on the Critical Incident Form.
  3. Follow-Up and Ongoing Support Follow-up is viewed by Educare College as essential, as some find that different aspects of a critical incident come into prominence later and other issues may need to be addressed after by the Critical Incident Team. Follow up should also include a program or site review of the critical incident, including identification of factors and strategies for the prevention of recurrences which may include changes to this policy and process.
  1. Review of procedure to occur annually. In the event of a critical incident a review should be conducted initially within 2 weeks and then monthly as deemed necessary. The review of critical incidents provides important information for Educare College to develop relevant occupational health and safety policies for the future.

Pursuant to Standard 7 of the National Code 2018, registered providers must not knowingly enrol a student seeking transfer from another registered provider’s course prior to the student completing six calendar months of his/her principal course of study, except in limited circumstances as outlined in the guidelines of this policy.

Educare College is entitled to determine the circumstances in which it will provide or refuse to provide a release letter. Where a student requests a transfer and has not completed six months of study (from commencement) of their principal course, Educare will assess the request for transfer against this policy.

Students must co-operate with the Educare officer and attend any interviews or other appointments scheduled for them including in respect of support services provided by Educare.

No Release Letter is required in the following circumstances:

  1. The student has completed at least 6 months’ study in his or her principal course; or
  2. The student is sponsored by another government and that government sponsor provides written support of the change as it considers the change to be in the student’s best interests; or
  3. The College has ceased to be registered or the course in which the student is enrolled has ceased to be registered; or
  4. The College has a sanction imposed on it that prevents the student from continuing his or her principal course.
  5. The College has agreed to release the student and recorded the date of effect and reason for release in PRISMS.

Policy for changing providers within the first 6 months

To apply to transfer to another provider within the first 6 months of the student’s principal course, students must demonstrate circumstances justifying the transfer as outlined below:

  1. Student will be reported because he/she is unable to achieve satisfactory course progress at the level he/she is studying, even after engaging with the College’s intervention strategy to assist him/her in accordance with Standard 8;
  2. There is evidence of compassionate or compelling reasons;
  3. The College fails to deliver the course outlined in the written agreement;
  4. There is evidence that the student’s reasonable expectations about their current course are not being met;
  5. There is evidence that the student was misled by the College or an education or migration agent regarding the College’s or its course and the course is therefore unsuitable to his/her needs and /or study objectives;
  6. An appeal (internal or external) on another matter results in decision or recommendation to release the student.

The following are student’s circumstances which may not warrant a release letter from Educare:

  1. The transfer may jeopardize the student’s progression through a package of courses; or the transfer would be detrimental to the student’s future study, welfare, and/or career objectives; or
  2. The student applies for a release from a course provided by Educare in order to transfer to a course provided by another Registered Provider and Educare considers the other course to be the same, similar or equivalent;
  3. The student has not accessed Educare’s student support or welfare services after having been requested to do so; or
  4. The documents provided by the student do not, in Educare’s view, adequately support grounds upon which the transfer is requested; or
  5. A transfer based on lower fees, or shorter completion times offered by another provider; or
  6. The student has outstanding debts to Educare.

Procedure for changing providers within the first 6 months

Students wishing to obtain a release letter must complete, sign, date and submit the Request to Transfer Education Provider Application Form to the Student Management Officer. The following documents must be attached to the request form as part of the release application process:

  1. A letter detailing the reasons behind their request to transfer to another Institution and how they will benefit from the transfer; and
  2. A copy of the offer letter from the other Institution confirming that a valid enrolment offer has been made unconditionally at that Institution; and
  3. A copy of documentary evidence referred to in the letter of application must be attached. Failure to present evidence may adversely affect the outcome of the release application; and
  4. Where the student is under 18 years of age the student attaches the following documents to the release request form:
  5. Written confirmation that the student’s parent or legal guardian supports the transfer;

and

  1. Where the Student is not being cared for in Australia by a parent or suitable nominated relative, confirmation on the valid enrolment offer that the registered provider will accept

responsibility for approving the student’s accommodation, support and general welfare arrangements as per Standard 5 of the National Code; and

  1. Written approval for the change from the scholarship body if a sponsor is paying the tuition fees.

If all the above requirements are not met the application will not be processed.  Upon receipt of the release application letter and supporting documents, the Student Management Officer will make an appointment with the student to attend an exit meeting interview with CEO/Principal

Executive Officer or with his duly appointed Manager to look after the case within 5 working days.

The CEO/Principal Executive Officer or the duly appointed Manager should interview the student to determine the circumstances surrounding the release;

  1. How the student may benefit from a transfer to another education provider;
  2. Whether the transfer would be detrimental for the student or his or her future studies;
  3. Consider the options available to the student to achieve his or her learning goals, including any support services offered by Educare to assist students to adjust to study and life in Australia;
  4. Where it is in the student’s interests, refer the student to appropriate support services such as academic skill support; additional English support; additional tutoring & study group support; increased monitoring, a mentoring program; referral to personal counselling; and
  5. Consider the options for course load reduction and implementing an intervention strategy for the student

The CEO/Principal Executive Officer or the duly appointed Manager will consider the release application and supporting documents in light of:

  1. The student’s educational goals and individual circumstances;
  2. Whether the transfer would be detrimental to the student or his or her future studies; and
  3. Decide as to whether to grant a release letter within 5 working days.

Decisions

Students will be advised in writing of the outcome of the application within 5 working days of the lodgment of a completed release application.

If the CEO/ Principal Executive Officer decides to grant a release letter, the Student Management Officer should immediately write to the student with the following information:

  1. Release Letter at no cost to the student;
  2. Advice that the student’s Electronic Confirmation of Enrolment will be cancelled and he or she must contact DIAC to seek advice on whether a new student visa is required;
  3. Advice that Educare College will cancel the student’s Confirmation of Enrolment on PRISMS; and
  4. Advice that the student may apply for a refund in accordance with Educare’s Refund Policy.

If the CEO/Principal Executive Officer decides not to grant a release letter, the Student Management Officer should immediately write to the student with the following information:

  1. The reasons for the decision not to grant a release letter;
  1. Advice that he or she may freely transfer after completion of 6 months of his or her principal course; and
  2. Information on the student’s right to appeal the decision in accordance with Educare’s complaints and appeals processes.

Appeals

If the student is not satisfied with the decision to not grant a release letter, the student has the right to appeal the decision in accordance with Educare College’s Complaints and Appeals Procedures. In this event Educare will maintain the student’s enrolment in the course or courses in which he or she is enrolled to study until the appeals process is completed. Objection must be sent in writing within 20 working days from receipt of refusal letter.

Record Keeping

Copies of any letters of release/refusal to release will be retained in the student’s file for 2 years.

Cancellations of Enrolment and Refunds

Students receiving a letter of release approving transfer to another institution must cancel their enrolment at Educare College and apply for a refund of fees if applicable. Students may be subject to academic or financial penalty for cancellation of enrolment in accordance with the International student fee and refund policy.

Educare College adheres to deferring, suspending or cancelling the student enrolment as stipulated in Standard 13 of the National Code of Practice for Providers of Education and Training to Overseas Students 2017.

  1. Deferment of commencement of study requested by student
  2. a) Educare College will only grant a deferment of commencement of studies for compassionate and compelling circumstances. These include but are not limited to:
  3. illness, where a medical certificate states that the student was unable to attend classes
  4. bereavement of close family members such as parents or grandparents (where possible a death certificate should be provided)

iii. major political upheaval or natural disaster in the home country requiring emergency travel that has impacted on studies

  1. a traumatic experience which has impacted on the student (these cases should be where possible supported by police or psychologists’ reports).

b). Written request for deferment with supporting documents such as medical or death certificate and plane ticket (with clear departure and return dates) must be submitted to the college.

  1. c) The final decision for assessing and granting a deferment of commencement of studies lies with the Principal Executive Officer (PEO).
  2. d) Deferment will be recorded on PRISMS within 14 days of being granted.
  3. Suspension of study requested by student
  4. a) Once the student has commenced the course, Educare College will only grant a suspension of study for compassionate and compelling circumstances. These include but are not limited to:
  5. illness, where a medical certificate states that the student was unable to attend classes
  6. bereavement of close family members such as parents or grandparents (where possible a death certificate should be provided)

iii. major political upheaval or natural disaster in the home country requiring emergency travel that has impacted on studies

  1. a traumatic experience which has impacted on the student (these cases should be where possible supported by police or psychologists’ reports).
  2. b) Suspensions will be recorded on PRISMS within 14 days of being granted.
  3. c) The period of suspension will not be included in attendance calculations.
  4. d) The final decision for assessing and granting a suspension of studies lies with the Principal Executive Officer.
  5. Student initiated cancellation of enrolment
  6. a) All notification of withdrawal from a course, or applications for refunds, must be made in writing and submitted to The Principal Executive Officer. Please refer to Educare College’s Refund Policy for information regarding refunds.
  7. Assessing requests for deferment or suspension of studies
  8. a) Applications will be assessed on merit by the Principal Executive Officer.
  9. b) All applications for deferment or suspension will be considered within 10 working days.
  10. Educare College initiated exclusion from class
  11. a) Educare College may exclude a student from class studies on the grounds of misbehavior by the student. Exclusion will occur as the result of any behaviour identified as resulting in exclusion in Educare College’s Student Code of Behaviour.
  12. b) Excluded students must abide by the conditions of their exclusion from studies which will depend on the welfare and support arrangements in place for each student and which will be determined by the Principal Executive Officer.
  13. c) Where the student is provided with homework or other studies for the period of the exclusion, the student must continue to meet the academic requirements of the course.
  14. d) Exclusions from class will not be recorded on PRISMS.
  1. College initiated suspension of studies
  2. a) Educare College may initiate a suspension of studies for a student on the grounds of misbehaviour by the student. Suspension will occur as the result of any behaviour identified as resulting in suspension in in Educare College’s Student Code of Behaviour.
  3. b) Suspended students must abide by the conditions of their suspension from studies which will depend on the welfare and support arrangements in place for each student and which will be determined by the Principal Executive Officer.
  4. c) Students who have been suspended for more than 28 days may need to contact Department of Immigration and Border Protection. (Please see contact details at: https://www.border.gov.au/Trav/Stud/More/Visa-conditions
  5. d) If special circumstances exist, the student must abide by the conditions of her suspension which will depend on the welfare and support arrangements in place for each student and which will be determined by the Principal Executive Officer.
  6. e) Suspensions will be recorded on PRISMS.
  7. f) The period of suspension will not be included in attendance calculations.
  1. College initiated cancellation of enrolment
  2. a) Educare College will cancel the enrolment of a student under the following conditions:
  3. Failure to pay course fees
  4. Failure to maintain approved welfare and support arrangements (student visa condition)

iii. Any behavior identified as resulting in cancellation in Educare College’s Student Code of Behaviour.

  1. b) Educare College is required to report failure to maintain satisfactory course progress and failure to maintain satisfactory attendance to Department of Immigration and Border Protection, which may impact on a student’s visa.
  1. c) Educare College may cancel the enrolment of a student for failure to disclose a pre-existing condition requiring a high degree of specialised support or care.
  2. d) Students who have had their enrolment cancelled are advised to contact Department of Immigrations and Border Protection. (Please see contact details at https://www.border.gov.au/Trav/Stud/More/Visa-conditions). The College initiated cancellation of enrolment is subject to Educare College’s Complaints and Appeals Policy. Please refer to Educare College’s Complaints and Appeals Policy for more information.
  3. Complaints and Appeals
  4. a) Student requests for deferment, and suspension and cancellation of enrolment are not subject to Educare College’s Complaints and Appeals Policy.
  5. b) Exclusion from class is subject to Educare College’s Complaints and Appeals Policy.
  6. c) College initiated suspension, where the suspension is to be recorded in PRISMS, and cancellation are subject to Educare College’s Complaints and Appeals Policy.
  7. d) For the duration of the internal appeals process, the College will maintain the student’s enrolment and the student will attend classes as normal. The Principal Executive Officer will determine if participation in studies will be in class or under a supervised arrangement outside of classes.
  8. e) If students access Educare College’s complaints and appeals process regarding a college initiated suspension or cancellation of enrolment under Standard 13, the change in enrolment status will not be reported in PRISMS until the internal complaints and appeals process is finalised, unless extenuating circumstances relating to the welfare of the student apply. NB: Students may still access the external complaints and appeals process, but the college need not await the outcome of this process before changing the student’s enrolment status in PRISMS.
  9. f) Extenuating circumstances include:
  10. the student refuses to maintain approved welfare and support arrangements
  11. the student is missing

iii. the student has medical concerns or severe depression or psychological issues which lead the college to fear for the student’s wellbeing.

  1. the student has engaged or threatened to engage in behaviour that is reasonably believed to endanger the student or others
  2. is at risk of committing a criminal offence, or
  3. the student is the subject of investigation relating to criminal matters.
  4. g) The use of extenuating circumstances by Educare College to suspend or cancel a student’s enrolment prior to the completion of any complaints and appeals process will be supported by appropriate evidence.
  5. h) The final decision for evaluating extenuating circumstances lies with the Principal Executive Officer.
  6. Student to seek information from Department of Immigration and Border Protection
  7. a) Deferment, suspension and cancellation of enrolment can have an effect on a student’s visa as a result of changes to enrolment status. Students can visit the Department of Immigration and Boarder Protection Website https://www.border.gov.au/Trav/Stud/More/Visa-conditions for further information about their visa conditions and obligations.

The Application for Refund Form can be downloaded below by clicking on the icon

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The Critical Incident Form can be downloaded below by clicking on the icon

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The Student Complaint Form can be downloaded below by clicking on the icon

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The International Student Intervention Form can be downloaded below by clicking on the icon

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The International Student Course Variation Form can be downloaded below by clicking on the icon

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