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National Code 2007 Standard 7 - Transfer Between Providers Procedure

Procedure overview

1 Purpose

To establish a framework where USQ as a registered provider assesses requests from Students for a transfer to another registered provider pursuant to the requirements of the Education Services for Overseas Students Act 2000 and the requirements of Standard 7 of the National Code of Practice.

2 Scope

All International Students holding an Australian Student Visa who seek to transfer to another registered provider within the first six months of their principal program of study.

3 Procedure Overview

3.1 Assessment of requests to transfer to another registered provider

3.1.1 Requests to transfer

Requests from International Students for a transfer to another registered provider prior to their completing six months of the principal program of study will be assessed in accordance with the procedures contained in this Policy, and within accordance to the requirements of Standard 7 of The National Code 2007.

3.1.2 Enrolment of International Students transferring within first six months of their principal course of study

USQ will not knowingly enrol an international student wishing to transfer from another registered provider's program prior to the student completing six (6) months of his or her principal program of study at that provider except where:

  1. the original registered provider has ceased to be registered or the program in which the Student is enrolled in has ceased to be registered
  2. the original registered provider has provided a written Letter of Release
  3. 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 program, or
  4. any Official Sponsor of the Student considers the change to be in the Student's best interest and has provided written support for that change.

3.1.3 International Students seeking to transfer

International Students seeking to transfer from USQ to another registered provider prior to completion of the first six calendar months of their principal program of study, should in the first instance contact USQ International and seek approval to transfer and obtain a Letter of Release.

Where valid grounds for granting a transfer exist, USQ will only grant a Letter of Release where the International Student has:

  1. provided a valid letter of offer of Enrolment from another registered provider, and
  2. where the Student is under 18:
    1. provided written confirmation that the Student's parent or legal guardian supports the transfer, and
    2. provided evidence that the registered provider will accept the responsibility for approving the Student's accommodation, support and general welfare arrangements as per the University's Under 18 International Students Policy, and
  3. where the International Student is sponsored by an external agency, confirmation of support for the transfer from that agency must be received.

3.1.4 Letters of release

A Letter of Release, if granted, must be issued at no cost to the Student and USQ must advise the Student of the need to contact the Australian government department responsible for immigration to seek advice on whether a new Student Visa is required

Where USQ does not grant a Letter of Release, it must provide the International Student with a letter detailing the grounds for refusing the request to transfer.

3.2 Appeals

Where a Student is dissatisfied with a Decision to refuse the request to transfer, they have the right to Appeal this Decision in accordance with the Non-Academic Appeal Procedure.

A Non-Academic Appeal may be lodged using the University's Non-Academic Appeal Form.

Appeals must be lodged within 20 University Business Days of the date of the Notice refusing the transfer. All Appeals must be accompanied by relevant supporting documentary evidence.

3.3 Fee refunds

Where a Letter of Release is granted any refunds of fees paid to USQ will be made in accordance with the Refund of Student Fees Policy.

4 Procedures

4.1 Student request to transfer to USQ

Where an International Student requests to transfer to USQ, PRISMS will alert USQ during the eCoE process if the Student has not completed six (6) months of their principal program of study with their original provider.

  1. USQ will verify the operational status of the registered provider on CRICOS prior to enrolling the Student. If the registration status of the registered provider is unclear, USQ will liaise with the relevant government departments to confirm status.
  2. USQ will obtain a copy of the Letter of Release from the registered provider prior to enrolling the Student, and
  3. USQ will obtain a copy of the Official Sponsor's letter of support for the Student to transfer prior to enrolling the Student.

4.2 Student request to transfer registered providers

When a Student requests a release to transfer registered providers prior to completing six (6) months of their principle course of study, USQ will only issue a Letter of Release where there are Compassionate and Compelling circumstances. USQ International will assess each case, in consultation with Student Services, on a case by case basis.

  1. USQ may refuse a Student's request for transfer on the following grounds (this is not an exhaustive list):
    1. where a transfer can be considered detrimental to the Student
    2. where a transfer may jeopardise the Student's progression through a package of programs
    3. where a transfer is requested within six weeks of a program commencing. Issues such as homesickness may take some time to overcome and transferring to another provider is unlikely to solve this problem. USQ may consider that the Student needs some time to settle into the program, and the Australian education system, and the Student should use and benefit from USQ's Student support services.
    4. where USQ forms the view that the Student is trying to avoid being reported to Australian Government department responsible for failure to meet USQ's academic progress requirements
    5. where USQ forms the view that the Student is deliberately trying to manipulate the Australian Student Visa system
    6. where a request is received after the Census Date for that semester.

USQ will assess and respond to the Student's written request to transfer within 10 University Business Days of the receipt of the written request complete with all supporting documentation.

4.3 Letters of release

USQ will only provide a Letter of Release upon provision of a completed Student Request for Release - Change of Provider form and other documents as specified in Section 3.1.3 of this Policy and where the Executive Director (USQ International and Development) approves this request.

USQ will issue a Letter of Release, if granted, at no cost to the Student.

  1. The Letter of Release issued to Students must contain the following statement: 'Please contact the relevant Australian Government Department responsible for immigration to seek advice on whether a new Student Visa is required'
  2. If a Fee Refund applies, fee refunds shall be undertaken in accordance with the Refund of Student Fees Policy.

A Request for release will be processed using the Student Request for Release - Change of Provider form, and completed as appropriate by an Employee(s) and the Student.

  1. A Student wishing to request a release must lodge the Student Request for Release - Change of Provider form duly completed with all supporting documentation. The Student will be requested to attend an interview with International Student Services and further information from this recorded. USQ International is to be provided with the form and supporting documentation including the record of interview and will make the final assessment.
  2. The Executive Director (USQ International and Development) will consider the request in consultation with USQ Student Services, and if refused, shall be provide with a Notice of this Decision. The Notice shall include reasons for the Decision outcome.
  3. An International Student wishing to Appeal this Decision must do so in accordance with the Non-Academic Appeal Procedure.

Copies of all communication and the Student Request for Release - Change of Provider form and documentation must be placed in the Student's file.

USQ will maintain all records of requests from Students for a Letter of Release and the assessment of this request using the Student Request for Release - Change of Provider form. Any correspondence relating to this request and the University's Decision will be maintained on the Student file.

5 References

Nil.

6 Schedules

This procedure must be read in conjunction with its subordinate schedules as provided in the table below.

7 Procedure Information

Subordinate Schedules

Accountable Officer

Deputy Vice-Chancellor (Students and Communities)

Policy Type

University Procedure

Approved Date

1/12/2008

Effective Date

1/12/2008

Review Date

Relevant Legislation

Education Services for Overseas Students Act 2000

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

Related Policies

Student Complaint and Appeal Policy

Under 18 International Students Policy

Related Procedures

Assessment of Compassionate and Compelling Circumstances Procedure

Non-Academic Appeal Procedure

Related forms, publications and websites

Non-Academic Appeal Form

Student Request for Release - Change of Provider (restricted access)

Definitions

Terms defined in the Definitions Dictionary

Appeal

A formal, written request made by a Student or Employee to a higher authority to have a Decision overturned....moreA formal, written request made by a Student or Employee to a higher authority to have a Decision overturned.

Census Date

The date on which the Student's enrolment related requirements must be finalised in line with the University's important dates. A Higher Education Provider must, for each unit of study it provides or proposes to provide during a year, determine for that year, a particular date to be the Census Date for the unit. Students are responsible for meeting the University's Census Date deadline...moreThe date on which the Student's enrolment related requirements must be finalised in line with the University's important dates. A Higher Education Provider must, for each unit of study it provides or proposes to provide during a year, determine for that year, a particular date to be the Census Date for the unit. Students are responsible for meeting the University's Census Date deadline and must check that all enrolment and payment details are correct on or before the Census Date.

Compassionate and Compelling Circumstances

Circumstances that are generally beyond a Student's control. These circumstances have an impact on a Student's wellbeing and/or on their ability to progress in their Courses or program....moreCircumstances that are generally beyond a Student's control. These circumstances have an impact on a Student's wellbeing and/or on their ability to progress in their Courses or program.

Decision

A determination made by an Employee, contractor or other authorised delegate in the course of their duties on behalf of the University....moreA determination made by an Employee, contractor or other authorised delegate in the course of their duties on behalf of the University.

Enrolment

The process of admitting Students to one or more Courses for the current Academic Year....moreThe process of admitting Students to one or more Courses for the current Academic Year.

International Student

A Student who is not an Australian citizen, a New Zealand citizen, an Australian Permanent Resident or the holder of an Australian permanent humanitarian visa....moreA Student who is not an Australian citizen, a New Zealand citizen, an Australian Permanent Resident or the holder of an Australian permanent humanitarian visa.

Non-Academic Appeal

A formal, written request made by a Student to a higher authority to have a Decision, in relation to a non-academic matter, overturned....moreA formal, written request made by a Student to a higher authority to have a Decision, in relation to a non-academic matter, overturned.

Notice

A Notice from the University is a document, whether physical or electronic. A Notice may be: given by hand to the addressee or delivered to the address provided by the addressee to the University; or sent by registered or pre-paid mail to the address provided by the addressee to the University; or sent by electronic communication to the University-issued email account provided by the University to...moreA Notice from the University is a document, whether physical or electronic.A Notice may be:given by hand to the addressee or delivered to the address provided by the addressee to the University; orsent by registered or pre-paid mail to the address provided by the addressee to the University; orsent by electronic communication to the University-issued email account provided by the University to a Student during the period of Enrolment until the completion of their program; orsent by electronic communication to the email address provided to the University by an addressee not enrolled at the University.A Notice is taken to be received if:given by hand to the addressee or delivered to the address provided to the University by the addressee; orsent by registered or pre-paid mail - three University Business Days after the date of posting; orsent by electronic communication - at the time that would be the time of receipt under the Electronic Transactions Act 1999 or its succeeding legislation.A Notice that would be deemed to have been received out of business hours or on a non-University Business Day will instead be deemed received on the next University Business Day.

Official Sponsor

A third party or entity, located either within Australia or overseas, who has formally contracted with the University to accept debts on behalf of a Student, and therefore make payments and receive refunds on behalf of a Student....moreA third party or entity, located either within Australia or overseas, who has formally contracted with the University to accept debts on behalf of a Student, and therefore make payments and receive refunds on behalf of a Student.

Student

A person who has been Admitted or Enrolled at the University, but has not yet graduated from their Academic Program....moreA person who has been Admitted or Enrolled at the University, but has not yet graduated from their Academic Program.

University

The term 'University' or 'USQ' means the University of Southern Queensland....moreThe term 'University' or 'USQ' means the University of Southern Queensland.

University Business Days

The days of Monday to Friday inclusive between 9am and 5pm Australian Eastern Standard Time (AEST), with the exclusion of gazetted Public Holidays for the relevant campus location, plus the closure of the University between 25 December and 1 January in the following year inclusive as specified in the USQ Enterprise Agreement, as well as any closure of the University either at one or se...moreThe days of Monday to Friday inclusive between 9am and 5pm Australian Eastern Standard Time (AEST), with the exclusion of gazetted Public Holidays for the relevant campus location, plus the closure of the University between 25 December and 1 January in the following year inclusive as specified in the USQ Enterprise Agreement, as well as any closure of the University either at one or several campuses in accordance with a direction of the Crisis Management Team.

Definitions that relate to this procedure only

Student Visa

An authorisation permitting people who are not Australian citizens or permanent residents to come to Australia for the primary purpose of studying in Australia as defined by the Migration Act (1958).

Keywords

National Code 2007 Standard 7 - Transfer Between Providers, ESOS, compliance

Record No

13/371PL

Failure to comply with this Policy or Policy Instrument may be considered as misconduct and the provisions of the relevant Policy or Procedure applied.

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