1 Policy Statement

Under the Higher Education Support Act 2003(HESA) the University is listed as a Table A – “higher education provider” and therefore must comply with all the relevant sections of that Act. Further, the University as a “registered provider” under the Education Services for Overseas Students Act 2000 (ESOS Act) is bound by that Act and subsequent Education Services for Overseas Students Regulations 2001 and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (National Code). In addition the University, as a member of Universities Australia, is a signatory to the provisions of the Code of Practice and Guidelines for Australian Universities – Provision of Education to International Students (April 2005).

Under the guidance and framework provided by these Acts, Regulations and Codes, the University will conduct all Student Fee refunds ethically, honestly and with fairness to all parties.

Unless as required under legislation, this Policy will be applied equally, in the context relevant to the circumstance, to all Students of the University, including Students in Commonwealth Supported Places, Domestic Students, Overseas Students (international oncampus and international distance), studying either directly with the University or via an Education Partner arrangement. (Section 19-D HESA and Part 2.1 AIP)

2 Principles

The University will:-

• Ensure its Student Fee Refund Policy is publicly available to all students and potential students.

• Ensure Student’s have an option to leave credit balances (excess payments after Census Date) on their Student Account to be applied against future liabilities the Student may incur with the University. (Part 43.11 AIP)

• Ensure Overseas Students are given access to a copy of this Policy prior to accepting an oncampus place at the University under a student visa. (Standard 2.1 National Code)

• Enter into a written agreement with the Overseas Student, concurrently with or prior to accepting Course Money from the student, that contains information regarding refunds of Course Money. “This (written) 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.”(Standard 3.1 and 3.2 National Code)

• Include a clause in all Education Partner contracts (including Support Offices) regarding the refunding of Course Money received for a University enrolment, to ensure the Education Partner’s refund policy is consistent with this Policy and Universities Australia Code Section 73 Guidelines: Fee refunds.

• Through the Education Partner review process, ensure their refund practices are clearly stated and publicly available and meet the ESOS Act and National Code requirements.

• Develop and make publicly available grievance procedures and review procedures for dealing with complaints regarding Student Fee refunds.

3 Procedures

3.1 Grounds for a Refund and Establishing the Amount to be Refunded

3.1.1 Tuition Fees and/or Student Contribution Amounts

A Student is entitled to a refund of Tuition Fees and/or upfront Student Contribution Amounts under the following circumstances:

1. A Student, who withdraws their enrolment in a Course before the last date to drop Courses in that semester (Census Date), is eligible for a reversal of fees and a full refund of Monies paid upfront for that Course, with the exception of an International Student in their first six (6) months of oncampus study at the University, who requests a transfer to another registered provider. (National Code)

2. An International Student, in their first (6) months of oncampus study at the University, who requests a transfer to another registered provider must apply for a Letter of Release. Where the University grants a Letter of Release, before the last date to drop Courses in that semester (Census Date), the International Student is eligible for a reversal of fees and a full refund of Monies paid upfront for their course(s) in that semester. Where the University grants a Letter of Release, after the last date to drop Courses in that semester (Census Date) , the International Student is not eligible for a reversal of fees or a refund of Monies paid upfront for their course(s) in that semester.

3. All Student Contribution Amounts must be made by the Student on or before Census Date for a Semester. (HESA Section 93-15). Where University records indicate a Student has made a payment after Census Date, the University cannot accept this payment, and will refund the Monies to the Student.

4. A Student who is granted “Withdrawal without Academic Penalty and with Fee Reversal” under Section 3.9 of the University’s Enrolment Policy is eligible for a reversal of fees and a full refund of Monies paid upfront for that Course.

5. The offer of a place to a Student is withdrawn by the University or the University is unable to provide the Course or the Program. The Student is entitled to a full refund of Monies paid in advance for the Course or for Courses in that Program. (Parts 43.13 and 44.15 AIP and the ESOS Act subsection 27 (1) classified as “Provider Default”, ESOS Regulations Division 3.4 subregulation 3.19(1))

6. A Student fails to meet degree/diploma progression rules and is thus not permitted to re-enrol. The Student is entitled to a full refund of Tuition Fees and/or upfront Student Contribution Amounts paid in advance of notification of exclusion.

7. A notice of withdrawal due to “exceptional circumstances” has been accepted by the University as grounds for refund of Tuition Fees and/or upfront Student Contribution Amounts paid for that semester, subject to the provision of acceptable documentary evidence in support of the application for refund, including:

   • Inability to obtain a student visa (where applicable).

   • Illness or disability

   • Death of the student or a close family member (parent, sibling, spouse or child)

   • Political, civil or natural event that prevents full payment of fees.

Exceptional circumstances (Division 104-30 HESA - Special Circumstances) apply to a student where:

• It was beyond the student’s control;

• It did not make full impact on the Student until on, or after the Census Date; and

• It made it impracticable for the Student to complete the requirements for the course in the period during which the Student undertook or was to undertake the Course.

1. An International Student who obtains Permanent Residency status on or prior to the semester census date, has provided certified documentary evidence of the residency change and is eligible, as a Commonwealth Supported student (HESA Division 36-5) to be charged the Student Contribution Amount or, if ineligible for Commonwealth support,  is eligible to be charged the domestic tuition fee, will be entitled to a refund of the difference (if any) between Monies paid in advance of that semester as an International Student and those fees applying to a Domestic Student.

2. The University may refuse to provide or continue to provide a Program to a Student in one or more of the following circumstances*:

   • The Student (or Official Sponsor) failed to pay an amount he or she was liable to pay the University, directly or indirectly, in order to undertake the Program;

   • The Student breached a condition of his or her Student Visa (where applicable); and

   • Misbehaviour by the Student.

Domestic Students

• Under HESA Division169-15(3), where the withdrawal is effective on or before census date, the student will be entitled to a full refund of a Student Contribution Amount and / or Tuition Fees paid on or before census date.

International Students

• *Under Standard 13.4 National Code the University will inform a Student of its intention to suspend or cancel their enrolment and will notify the Student that he or she has 20 working days to access the University’s internal complaints and appeals processes. (Standard 8.1 National Code)

• Under the ESOS Act subsection 27 (2), such circumstances are classified as “Student Default” and the University reserves the right to subtract amounts from the Course Money paid in accordance with paragraph 29 (1) (b) of the Act, as detailed in the ESOS Regulations Division 3.4 subregulation 3.19(2):

  1. administration expenses totalling no more than the lesser of:

     1. $250; and

     2. 5% of the total amount of Course Money that the University received in respect of the Student for the Program before the default day;

  2. the part of expenses for travel, accommodation and other domestic services that cannot be offset by providing the services to someone else;

  3. the amount of compulsory union fees (if applicable);

  4. the cost of books, equipment and other materials needed for the Program;

  5. the proportion of the Course Money that the University received in respect of the student before the default day that is equal to the proportion of the Program that was provided to the Student before the default day.

Where the University gives a partial refund to a Student or an Official Sponsor, the University will provide a statement on the method of calculation of the amount, including any fees and/or charges deducted.

1. Where an offer to an International Student was made on the basis of fraudulent documents or incomplete or incorrect disclosure, the University reserves the right to subtract amounts from Course Money paid not exceeding the administrative expenses listed in Section 9 (b) above.

3.1.2 No Refund – Tuition Fees and/or Student Contribution Amounts

Where a Student withdraws from a Course after the last date to drop Courses in that semester (Census Date), and the withdraw is not subject to exceptional circumstances, or has been rejected as an exceptional circumstance (Division 104-30 HESA - Special Circumstances), a Student will not be eligible for a refund of Tuition Fees or Student Contribution Amount for that Course.

3.1.3 Refund of Overseas Student Health Cover (OSHC)

A Student (or Official Sponsor) may apply for a refund of the paid but unexpired portion of their OSHC premium where the Student:

• paid their OSHC premium but did not come to Australia;

• could not/did not extend their Student Visa;

• returned to their home country before the end of their approved stay for reasons beyond their control;

• has completed their studies at the University and are returning home; or

• has been granted Permanent Resident Status in Australia.

Where Monies for OSHC are held by the University, the refund will be processed by the University. Where the University has, under an agency agreement with the University’s OSHC provider, transferred these Monies to the provider, the Student will apply directly to the provider for the applicable total or partial refund.

3.1.4 Refund of Miscellaneous Student Fees, Fines and Charges

A Student may be entitled to a full or partial refund of a University administrative fee, fine or charge where the service was not provided or the fee, fine or charge has been reversed. Requests for refunds of Miscellaneous Student Fees, Fines and Charges will, in the first instance, be addressed to the department or faculty that imposed the fee, fine or charge. Successful requests for refunds will be forwarded to Financial and Business Services for processing. If a refund request is unsuccessful the faculty or department will advise the Student, providing details of the decision.

3.1.5 Refunds of Credit Balances on Student Accounts

A student may apply to Financial and Business Services for the refund of a credit balance on a Student Account where:

• A Student has ceased enrolment at the University; and

• All Student Account balances relating to that Student have been satisfied in full.

• The overpayment was a genuine mistake (as evidenced in writing by a student and University records).

3.1.6 Refund of USQ Bookshop Accounts and / or Sales and Charges

A Student (or Official Sponsor) seeking the refund of a credit balance on a USQ Bookshop Debtor Account must apply in writing to the Manger (Operations), Campus Services.

A Student (or Official Sponsor) seeking a refund for a product return should apply to USQ Bookshop staff.

Detailed conditions, procedures and contact details relating to USQ Bookshop refunds are available at http://bookshop.usq.edu.au

3.1.7 Refund of USQ Residential College Accounts and / or Fees and Charges

A Student (or Official Sponsor) seeking a refund of USQ Residential College fees and charges will apply in writing to the Director (Residential Colleges). Detailed rules regarding refund eligibility criteria are available in the “Residential Colleges – Rules of Residency” at http://www.usq.edu.au/accommodation

3.2 Requesting a Refund

All requests for Student refunds must be made in writing.

3.2.1 Domestic Students

Students will address their request to:

Financial and Business Services

University of Southern Queensland

Toowoomba Qld 4350

Or via email to usqdebt@usq.edu.au

Or complete a Refund Request Form A, in person, available from the Cashier, Financial and Business Services, J Block, Toowoomba Campus.

Financial and Business Services staff may require proof of identity at the time of processing the refund. This will be a series of short questions relating to the Student’s University admission and / or enrolment details.

3.2.2 International Students (not holding a student visa) who have paid their Monies directly to USQ

Students will address their request to:

Financial and Business Services

University of Southern Queensland

Toowoomba Qld 4350

Or via Email: usqdebt@usq.edu.au; or

Or complete a Refund Request Form A, in person, available from the Cashier, Financial and Business Services, J Block, Toowoomba Campus.

Financial and Business Services staff may require proof of identity at the time of processing the refund. This will be a series of short questions relating to the Student’s University admission and/or enrolment details.

3.2.3 International Students studying oncampus (holding a student visa)

All International Students (holding a student visa) will complete a “Request for Refund Form B”.

• Commencing Students in their first six months of study will address their request to the Director, USQ International (USQ International). (Standard 7 National Code).

Email: ioadmissions@usq.edu.au; or

Complete Refund Request Form B, in person, available from the Reception Counter, T Block, Toowoomba Campus

• Continuing Students will address their request to the Director, Student & Academic Support (Student Support and Retention).

Email: usqsupport@usq.edu.au; or

Complete a Refund Request Form B, in person, available from the Reception Counter, B Block, Toowoomba Campus

Under Section 88 of Universities Australia Code of Practice and Guidelines for Australian Universities – Provision of Education to International Students (April 2005) refunds “will be made in the student’s home country except in exceptional circumstances.”

3.2.4 Students supported by Official Sponsors

Where a student has been admitted to the University under a formal Official Sponsorship agreement with the University, and University records indicate the Monies were paid by the Official Sponsor, refunds of these Monies will be payable to the Official Sponsor.

Official Sponsors will address their request to:

Financial and Business Services

University of Southern Queensland

Toowoomba Qld 4350

Email: usqdebt@usq.edu.au

3.2.5 International Students studying via an Education Partner

Students who have paid their fees to an Educational Partner are directed, in the first instance, to apply for their refund directly from the Educational Partner.

An Education Partner will provide to a Student, a copy of their refund rules, prior to accepting the Student Monies (Refer Section 3.6 below).

1. A Student may authorise the University, in writing, to refund the Monies to a third party where:

• The third party was the original payee of the Monies, as confirmed by University records; or

• The Student is transferring to another recognised educational institution in Australia; or

• The Student applies to the Director, Financial Operations (Financial and Business Services) setting out the reasons for the third party payment.

Where the University refunds the Monies to a third party, as instructed by the Student, the University will consider this as full and final settlement of the refund to the student.

1. The University reserves the right to offset a credit balance on a Student Account against a debit balance in another account held in the same Student name, prior to processing a refund request.

3.3 Refund Processing Times

All refunds will be paid within ten (10) working days of Financial and Business Services receiving a fully completed and signed written request for a refund, with the exception of refunds defined under the ESOS Act subsection 27 (1) and (2), as detailed below.

Refunds assessed as “Provider Default” will be paid within two weeks of the notification of the default by the University, subject to a Student providing information in accordance with this Policy to enable the processing of the refund. (ESOS Act subsection 27 (1))

Refunds assessed as “Student Default” will be paid within four weeks of receiving a Student’s written request, subject to a Student providing information in accordance with this Policy to enable the processing of the refund. (ESOS Act subsection 27 (2))

3.4 Refund Payment Methods

The University will apply the following methods of refund:

1. Where the original Monies were received by the University via a current credit card the refund will be credited back against the originating credit card.

2. Where the original Monies were received by the University via cash, cheque, money order, debit card, Bpay, AustPost Billpay, UConnect payments, Australian bank transfer, international bank transfer or international bank draft, the refund will be via a University Australian cheque, EFT, international bank draft or international bank transfer, as appropriate.

3. Cash or debit cards accepted for cash sales at the USQ Bookshop or USQ Library may be refunded via cash or an EFT reversal.

Exceptions to these methods must be approved in writing by the Director, Financial Operations (Financial and Business Services).

It is not permissible to transfer Monies directly from a Student’s Account to that of another Student.

3.5 Refund Currency and Bank Charges

1. All credit card refunds will be processed in AUD.

2. All other refunds will normally be in AUD unless a Student specifically requests the refund in a currency other than AUD.

Under Section 88 of Universities Australia Code of Practice and Guidelines for Australian Universities – Provision of Education to International Students (April 2005) “refunds should be reimbursed in the same currency as the fees were originally paid and will be made in the student’s home country except in exceptional circumstances.”

Where a Student indicates a preferred currency other than AUD, the University will convert the AUD equivalent on the day of transfer, at the rate offered by the University’s supplier of foreign currency. The student accepts this rate of conversion by their signature on the refund application form.

Where the University is unable to transfer AUD or the Student’s preferred currency to the country due to international banking limitations or where the cost of the transfer would result in excessive international bank charges for either party, the University will select the most appropriate foreign currency. The Student accepts this currency by their signature on their refund application.

1. The University will carry all bank charges or deductions imposed by the actions of the bankers engaged by the University to make the refund payment or transfer including the University’s nominated supplier of foreign currency.

2. The Student will carry all bank charges or deductions imposed by or arising from the actions of the bankers nominated by the Student to receive the payment or transfer.

3. Where a Student has nominated a third party as the refund beneficiary the Student and/or the third party will carry all bank charges or deductions imposed by or arising from the actions of the bankers nominated by the Student and/or third party to receive the payment or transfer.

4. Where an Official Sponsor is the refund beneficiary, the Official Sponsor will carry all bank charges or deductions imposed by or arising from the actions of the bankers nominated by the Official Sponsor to receive the payment or transfer.

3.6 Refunds to Students Studying via an Educational Partnership Arrangement

Reference to this Refund of Student Fees Policy and any applicable Educational Partnership refund processes, will be reflected in the Student’s Letter of Offer and Acceptance of Offer at the time of Admission to the University, when studying via an Educational Partner.

Students studying via an Educational Partnership arrangement, where the Student is required to pay their Student Fees directly to the Educational Partner, will seek Student Fee refunds directly from that Educational Partner.

The Educational Partner will:

• Develop refund procedures consistent with this Policy; and

• Deal with all Student refunds promptly ethically, honestly and with fairness to all parties.

In exceptional circumstances the Director, Financial Operations (Financial and Business Services) may approve, in writing, the refund of the ‘net credit of Monies received’ by the University from the Educational Partner on behalf of the student.

Students studying via an Educational Partner arrangement, where the Student is required to pay their Monies directly to the University, and does so, will be refunded those Monies by the University in accordance with the procedures in this Policy.

3.7 Student Refund Complaint and Review Process

A Student or an Official Sponsor may appeal against a decision by the University not to grant a refund or only grant a partial refund, where the Student or an Official Sponsor believes that the University has not assessed or processed the refund request in accordance with this Policy, or not all relevant information was taken into account when the refund was assessed.

Appeals against the calculation of the refund amount and/or refund method under this Policy should in the first instance be addressed in writing to the Director, Financial Operations (Financial and Business Services). The Director, Financial Operations will deal with the complaint and provide a written response within 10 working days.

Where the appellant is not satisfied with the outcome of their informal appeal or is uncomfortable addressing their appeal to the Director, Financial Operations (Financial Services) they may lodge a formal complaint in accordance with the University’s Student Complaints Management Policy.

A Student may also appeal against an academic decision that may have impacted on the application of this Policy. Further information on the University academic appeals process can be found at Appeals Policy.

The University’s resolution processes, including the Appeals Policy does not circumscribe a Student’s right to pursue other remedies.

Where a Student agrees to the terms of this Policy, such agreement, and the availability of complaints and appeals processes, does not remove the right of the Student (or Sponsor) to take further action under Australia’s consumer protection laws.

4 References

Administrative information for higher education providers: student support (AIP)

Education Services for Overseas Students Act 2000 (ESOS Act)

Education Services for Overseas Students Regulations 2001 (ESOS Regulations)

Higher Education Support Act 2003 (HESA)

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

Universities Australia Code of Practice and Guidelines for Australian Universities – Provision of Education to International Students (April 2005) (Universities Australia Code)

5 Definitions

6 Other Policy Information