Policy Template (DECD) · Web viewPolicy template updated as of 21 April 2015. Where a student requests a transfer from The Malka Group Pty Ltd trading as TMG College Australia to

TMGP08 International Student Transfer between Registered Providers Policy & Proceduretmg.edu.au | 1300 888 TMG (1300 888 864)

Policy Document: International Student Transfer between Registered Providers Policy & ProcedurePlease note this policy is mandatory, and TMG staff is required to adhere to the content.

Policy number: TMGP08

Summary

Document Details

Version number: 6.0Status: Endorsed Approved by: ENDORSED Date original policy approved:

CEO

Date policy to be reviewed:

Jan 2020

Owner: Compliance and Quality Assurance DepartmentDivisions: CEORelated policies, procedures, forms, guidelines, standards, frameworks:

Related Policies - Refer to TMG Policy Framework Refusal to grant release letter template

Related legislation/applicable section of legislation:

ESOS/NCP National Code 2018, Standard 7SRTO’s 2015 Standard Seven: Overseas Student

Transfers. National ELICOS Standards

Standard P8 – Business management

NEAS Standards Section A: Management and AdministrationSection D: Student Services

Other applicable legislation, regulations and guidelines

Education and Training Reform Act 2006 (Victoria)

Standards for VET Accredited Courses 2012

Victorian Guidelines for VET Providers (Victoria)

Once printed this is an uncontrolled document The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code

03397EDocument Type: TMGP08 International Student Transfer between Registered Providers Policy & ProcedureVersion 6.0 Effective Date: Jan 2019 Review Date: Jan 2020 Page 1 of 11


Privacy Act 1988 (Commonwealth) Information Privacy Act 2000

(Victoria) Australian Consumer Law 2011 Electronic Transactions (Victoria)

Act 2000 Privacy and Data Protection Act

2014

Contract and Compliance requirements:

https://internationaleducation.gov.au/Regulatory- Information/Education-Services-for-Overseas-Students-ESOS-Legislative-Framework/National-Code/nationalcodepartd/Pages/ESOSNationalcode-PartD.aspx

http://www.asqa.gov.au/users-guide-to-the-standards- for-registered-training-organisations-2015/users-guide-to-the-standards-for-registered-training-organisations-2015.html

https://internationaleducation.gov.au/Regulatory- Information/Education-Services-for-Overseas-Students-ESOS-Legislative-Framework/ELICOSnationalstandards/Pages/Default.aspx

http://www.neas.org.au/wp-content/uploads/2013/05/ NEAS-International-Standards-2009.pdf

Related to: International Students

Superseded documents:

N/A

Publication: Compliance and Quality Assurance Department Endorsed by Management Committee:

Jan 2019

Document control: All printed versions of this document are classified as uncontrolled. A controlled version of this document is available from the Staff Portal or in the ‘Policies & Forms’ section of TMG’s website. Questions on this policy should be initially directed to Quality Department at [email protected]

Table of Contents

Policy Document:...............................................................................................................1

International Student Transfer between registered providers Policy & Procedure1



mailto:[email protected]

http://www.neas.org.au/wp-content/uploads/2013/05/NEAS-International-Standards-2009.pdf

http://www.neas.org.au/wp-content/uploads/2013/05/NEAS-International-Standards-2009.pdf

https://internationaleducation.gov.au/Regulatory-Information/Education-Services-for-Overseas-Students-ESOS-Legislative-Framework/ELICOSnationalstandards/Pages/Default.aspx



http://www.asqa.gov.au/users-guide-to-the-standards-for-registered-training-organisations-2015/users-guide-to-the-standards-for-registered-training-organisations-2015.html



https://internationaleducation.gov.au/Regulatory-Information/Education-Services-for-Overseas-Students-ESOS-Legislative-Framework/National-Code/nationalcodepartd/Pages/ESOSNationalcode-PartD.aspx




1. Title and policy number...................................................................................................................................... 4

2. Purpose.................................................................................................................................................................. 4

3. Scope..................................................................................................................................................................... 4

4. Responsibility................................................................................................................................................... 4

5. Policy Protocols.................................................................................................................................................... 4

6. Procedures............................................................................................................................................................ 5

7. Monitoring, evaluation and review................................................................................................................... 6

8. Definitions and abbreviations........................................................................................................................... 7

9. Appendix A: Student Transfer Request Flow Chart......................................................................................810. Revision record.................................................................................................................................................. 9




1. Title and policy number

TMGP 08 International Student Transfer between Registered Providers Policy & Procedure

2. Purpose Students on an International student visa must continue with their original education provider for the first six (6) months of their principal course of study. This restriction applies from the time a student begins study up until they have finished six calendar months of their principal course of study. It includes any preliminary courses prior to the student's principal course of study in a packaged offer. However, under the National Code it is expected that students may request a transfer within the first six months and that the request will be granted where the transfer will not be to the detriment of the student.

Where a student requests a transfer from The Malka Group Pty Ltd trading as TMG College Australia to another institution within this period, TMG College Australia will assess the request against this Policy. Applications from students transferring from another registered provider to TMG College Australia prior to completing six months of their principal course of study will be assessed against this Policy. After the first six (6) calendar months of their principal course of study, students are free to transfer between registered providers and do not require a release letter.

Exceptions to this restriction are: If the student’s course or RTO/Education Provider becomes unregistered The RTO has a n Australian government or State or Territory government sanction

imposed on its registration that prevents the student from continuing their course A government sponsor (if applicable) considers a transfer to be in the student’s best

interests and it has provided written support for the change. If the student is granted a Release recorded in PRISMS.

3. Scope This policy is applicable to all TMG staff and International students.

4. Responsibility The CEO is responsible for the implementation of this procedure and to ensure that staff and students are aware of its application and that staff implement its requirements.

5. Policy Protocols In accordance with the National Code 2018 standard 7:

1. Overseas students are restricted from transferring from their principal course of study for a period of six months. This restriction also applies to any course(s) packaged with their principal course of study.

2. Students can apply for a Release to enable them to transfer to another education provider under certain circumstances.

3. Education providers may accept transfers from other education register providers. Once printed this is an uncontrolled document The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code



6. Procedures In accordance with the National Code 2018 standard 7:

1. Overseas students are restricted from transferring from their principal course of study for a period of six months. This restriction also applies to any course(s) packaged with their principal course of study.

2. Students can apply for a Release to enable them to transfer to another education provider.

3. Students who were granted a visa under the streamlined visa processing arrangements must maintain enrolment in a streamlined visa processing eligible course (or package of courses) with an education provider participating in the arrangements.

4. According to the Standard 7, TMG College Australia will only grant a Release to students in the first six months of their principal course under reasonable grounds. TMG College Australia substantiates the students circumstances are reasonable grounds. Reasonable grounds for TMG College Australia can include, but they are not limited to Circumstances which are in the student’s best interests, such as:

i. The overseas student will be reported because they are unable to achieve satisfactory course progress at the level they are studying, even after engaging with that registered provider’s intervention strategy to assist the overseas student in accordance with Standard 8 (Overseas student visa requirements).

ii. There is evidence of compassionate or compelling reasons. Compassionate or compelling circumstances are defined as circumstances beyond the student and which have an impact upon the student’s course progress or wellbeing. These could include:

serious illness or injury, where a medical certificate states that the student is unable to continue in the course

a traumatic experience which could include but is not limited to:1. involvement in or witnessing of an accident or2. a crime committed against the student or3. the student has been a witness to a crime and this has impacted on the

student (These cases should be supported by police or psychologists’ reports).

iii. TMG College Australia has failed to deliver the course as outlined in the written agreement.

iv. There is evidence that the overseas student’s reasonable expectations about their current course are not being met

v. There is evidence that the overseas student was misled by TMG College Australia or an education or migration agent regarding the registered provider or its course and the course is therefore unsuitable to their needs and/or study objectives.

vi. An appeal (internal or external) on another matter results in a decision or recommendation to release the overseas student.

vii. The course the student wishes to transfer to:

better meets the study capabilities of the student better meets the long term goals of the student, whether these relate to future

work, education or personal aspiration




The student wishes to change course in order to get access to greater support (this may be through the services offered by another provider, commercial or non-for-profit services or through access to family, friends or a cultural support network)

5. Students requesting a transfer, must lodge a Student Transfer of Provider Request Form to the International Student Administration Staff, providing a valid Letter of Offer from another registered provider.

6. Students wishing to transfer to TMG College Australia from another registered education provider must, either:

Have completed six (6) months of their principal course; or

Be released by the current registered education provider and recorded in PRISMS to be able to receive a Confirmation of Enrolment (CoE) from TMG College Australia.

7. TMG College Australia will NOT grant a Release to students in the first six months of their principal course in the following circumstances:

The student’s progress is likely to be academically disadvantaged or would not be better placed in another institution;

TMG College Australia is concerned that the student’s application to transfer is a consequence of the adverse influence of another party;

If the student has recently started studying the course and the full range of support services are yet to be provided or offered to the student

If the student is trying to avoid being reported to Department of Home Affairs (DHA) for failure to meet the academic progress requirements.

Any other reason stated in the policies of the TMG College Australia.

If the student has unpaid fees for the current study period. (NOTE: The current study period is the period in which the student applies for release.) If the request occurs during holiday time, the application for release will be counted as being during the previous study period.

A student will not be refused release based on unpaid fees for any subsequent study period that has not been delivered.

TMG College Australia will give due consideration to the student’s best interest and educational objectives when assessing an application for release where fees are unpaid.

8. Students under 18 years of age MUST have:i. Written evidence that the student’s parent(s)/legal guardian supports the

transferii. Written confirmation that the new provider will accept responsibility for

approving the student’s accommodation, support, and general welfare arrangements where the student is not living with a parent(s)/legal guardian or a suitable nominated relative

iii. Evidence that the student is always in Department of Home Affairs (DHA) approved welfare and accommodation arrangements




9. All applications for transfer will be considered within 10 working days and the applicant notified of the decision.

10.Decisions made on Release applications will be recorded in PRISMS.

11.Where granted, the student should be advised by email that their decision to transfer to a different education provider may have visa implications and they should contact the nearest Department of Home Affairs (DHA) office as soon as possible to discuss this with them.

12.Where a Release is not granted, the student will be provided with written reasons for refusing the request and will be informed of his or her right to appeal the decision in accordance with our complaints and appeals policy.

13.Copies of requests for Release and accompanying documentation will be maintained in the student’s file both in hard copy and electronically for two years after the overseas student ceases to be an accepted student.

14.TMG College Australia must not finalise the student’s refusal status in PRISMS until the appeal is finalised, or if the overseas student has chosen not to access the complaints and appeals processes within the 20 working day period, or the overseas student withdraws from the process.

7. Monitoring, evaluation and reviewCEO or the delegated Manager must monitor, evaluate and review this policy and relevant procedures on an ongoing basis and suggest appropriate changes to the Compliance and Quality Assurance Department for approval.

8. Definitions and abbreviationsTerm Meaning

Principal course

The principal course of study is the main course of study to be undertaken by an overseas student where a student visa has been issued for multiple courses of study, i.e. a ‘package’ of courses. The principal course would normally be the final course of study and that which leads to the highest qualification in the ‘package’. Where a study visa has been issued for only one course that course is the student’s principal course of study.

Release Grant Agreement by the current education provider to release a student to:

a) who is on a student visa and

b) Has not completed the first 6 months of his/her principal course, to transfer to study at another institution.







9. Appendix A: Student Transfer Request Flow Chart







10. Revision recordDate Version

NumberRevision description/ Nature of change(change/reasons for change/comments)

20/05/2013

1.0 Policy created (First draft)

20/05/2014

2.0 Policy reviewed to incorporate feedback from all stakeholders and legislative changes

20/05/2015

3.0 Policy reviewed for ASQA re-registration audit

Jan 2017 4.0 Policy reviewed as per current ESOS requirement & revised with New Logo

Jan 2018 5.0 Policy reviewed to incorporate the new National Code 2018

Jan 2019 6.0 Policy reviewed as per current ESOS requirement



Documents

Policy Template (DECD) · Web viewPolicy template updated as of 21 April 2015. Where a student requests a transfer from The Malka Group Pty Ltd trading as TMG College Australia to