- Handling procedures for refund complaints.
- Transfers to another education provider.
- Education agent misconduct.
Education providers are generally bound by the Education Services for Overseas Act (ESOS Act), which sets out registration process and obligations, and enforcement and compliance powers.
It also sets the National Code, which outlines a set of standards that providers registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRISCOS) must adhere to.
The Australian Consumer Law (ACL) sets out additional obligations that education providers must comply with. While education providers may be in compliance with the ESOS Act and the National Code, they may still fail to discharge their obligations under the ACL.
The following case study is an example of the types of complaints that RLC regularly assists with.
Recently, an international student enrolled in a packaged course came to RLC to change education providers due to poor quality teaching, unsupportive learning environments and unfair treatment by teaching staff.
The student had requested a refund of his remaining two years of tuition fees paid up front and was refused due to a harshly drafted refund policy. Paying large sums of tuition upfront and being unable to obtain a refund from education providers is unfortunately not an uncommon phenomenon.
The ESOS Act and the National Code create standards relating to the drafting and compliance requirements of education providers in Australia.
Many providers however still draft student agreements that may not be compliant with the standards or the Australian Consumer Law.
Importantly, for students who request refunds after commencement of studies, reliance on Australian Consumer Law protections can sometimes be crucial to establish a remedy for the client.
Any international student facing difficulties getting a refund from their education providers should seek legal advice about their rights.
Redfern Legal Centre runs a weekly free advice service for international students on a range of issues including complaints against education providers.
