Applicable to International Student Visa Holders
Martin College (‘the College’) is a trading division of Study Group Australia Pty Limited, a company incorporated in New South Wales Australia (ACN 070919327) whose registered office is Level 24, 201 Elizabeth Street, Sydney, NSW 2000, Australia (Contact: + 61 1300 762 129), Registered Training Organisation: 5806, and National CRICOS Provider: 01682E.
I (which expression includes the parent/guardian who has signed this contract on behalf of a student who is under 18 years of age at the time) hereby apply to enrol in the course commencing at the campus indicated on the Application for Admission form ('the Application'). I agree that on acceptance of the Application by the College, and my subsequent receipt and return of the Acceptance of Offer ('the Offer'), the Offer will become the Contract of Enrolment ('the Contract') and further I agree to abide by the following terms and conditions of enrolment:
1. I agree that it is a condition of my enrolment that I achieve satisfactory academic progress throughout my course at a rate that will enable me to complete the course in the nominated duration.
2. I agree that I am required to use my best endeavours to meet the requirements of the course selected and to abide by the rules and regulations of the College. I understand that if I breach any of the College's rules or my behaviour is deemed unacceptable by the College, my enrolment may be cancelled and I may not be entitled to any refund of the tuition fees or other charges paid to the College under the Contract. (Information on the College's policies, rules and regulations is located on the website martin.edu.au.)
3. I agree that all lessons and any related material supplied by the College are copyright, and remain the property of the College. I understand that any unauthorised copying may constitute a breach of the Copyright Act 1968 (as amended).
4. I agree that I am responsible for my own books, equipment and personal items and I hereby release, indemnify and hold harmless the College against all liability and claims for any loss or damage to such items, howsoever caused except where liability is expressly imposed by law.
5. I agree that I may be required, and permission is hereby granted, to attend College-organised excursions and activities as part of the course.
6. I agree that the College is hereby authorised to obtain medical treatment for myself should such action be deemed necessary by the College or a staff member acting on behalf of the College. I agree to indemnify and hold harmless the College and its staff for any expense, loss, damage or liability of whatsoever nature or howsoever occasioned as a result of authorising and arranging such emergency medical treatment.
7. I agree to pay the tuition fees and other charges applicable for my course on the due dates and acknowledge and agree that tuition fees may alter from time to time. I understand that a late payment fee of AU$100 per month is payable on accounts which remain unpaid 14 days after the due date for payment. I also understand that failure to pay my tuition fees may result in my enrolment being cancelled.
8. I understand that if after commencing the course, I discontinue my program before completion, I may remain liable to pay the full course tuition fees and any expenses, costs or disbursements incurred by the College in recovering any outstanding monies, including debt collection agency fees and solicitors' costs.
9. Course fees do not include the cost of text books; I agree to purchase these where required by the College.
10. I understand that a transfer between campuses of the College will only be possible if approved in advance by the relevant Campus Director of Studies.
11. I agree to advise the College of any change of the personal information held by the College (in accordance with the Australian Privacy Principles and visa requirements) including, for example: changes to my name, address and/or contact details which may occur during my time of enrolment.
12. The College maintains a Privacy and Personal Information Policy which can be viewed at martin.edu.au. In addition to the provisions of this policy, I agree that as an international student visa holder, the College may disclose my personal information (including academic progress and attendance information) to my parents/guardians and/or nominated agent where I nominate an agent to act on my behalf. If I do not agree, I must advise the College in writing.
13. I understand that should a new version of the National Qualification be endorsed by the relevant Authority and released, the College must manage the transition of its students to the new version in accordance with the Standards for Registered Training Organisations 2015, and that this circumstance does not constitute Provider Default.
14. I understand that during the time of my enrolment, the College will need to provide written information, documents, forms, requests, or notices to me at various times. I hereby give my consent for that documentation to be provided to me electronically.
15. In consideration of the College granting me access to use computer facilities I hereby acknowledge and agree that I will use the computer facilities provided strictly on the basis of the Computer Resources Regulations published by the College. I further acknowledge that breach of this Agreement or the Regulations may result in restriction or withdrawal of my access.
I undertake that in using and accessing computers:
- I will use computers only for genuine research and academic related activities, and for such personal use as provided in the Regulations;
- I will not use the computer network in any way that is in breach of Australian Copyright Law;
- I will not use the computer in any way that may constitute bullying, sexual or racial harassment or vilification; and
- I will abide by the provisions of the Regulations.
16. I acknowledge that I have read and understood the Student Grievance Policy outlined in this brochure and on the website martin.edu.au.
I hereby acknowledge that I have read, understood and agree to the terms of the Cancellation and Refund Policy outlined in this document and published on the website at martin.edu.au
18. I confirm that the terms and conditions have been explained to me and understand that any variation of those stated terms and conditions of the Contract must be provided in writing and be signed by an authorised officer of the College.
19. I understand that in the event that acceptance of an offer to study at The College is as a result of an Unsolicited Consumer Agreement, the applicant has a cooling-off period of 10 days from the date of signing the Acceptance Agreement, to withdraw from the course at no financial penalty.
Cancellation and Refund Policy - On-Campus Courses
1. All notifications of withdrawal from a course or requests for refunds must be made in writing to the relevant Director of Studies.
2. Enrolment fees are non-refundable.
3. The College agrees to refund within 28 days, tuition and non-tuition fees paid where the student produces acceptable certiﬁed evidence that the application made for a student visa was rejected by a visa-issuing authority.
a) If a visa application is rejected before the student commences the course, the amount of the refund is the fees paid by or on behalf of the student, minus the lesser of the following amounts that will be retained:
- 5% of the amount of fees received (pre-paid tuition fees, non-tuition fees);
b) If a visa application is rejected after the student has commenced the course, the amount of the refund is any unspent pre-paid tuition fees paid by or on behalf of the student. The non-tuition fees will not be refunded
4. Where a student's course of study is terminated for a serious breach of the College rules there will be no refund of any monies paid.
5. The College agrees to refund within 4 weeks of the receipt of written notice of cancellation by the student (or parent or guardian if the student is under 18 years of age), the tuition fee applicable less the amounts to be retained as agreed and as detailed below:
a) If written notice is received 4 weeks or more before the start date of the course, then a non-refundable amount equivalent to 30% of the tuition fee of the course or first course within a package of courses shall be applicable.
b) If written notice is received less than 4 weeks before the start date of the course, then a non-refundable amount equivalent to 50% of the tuition fee of the course or first course within a package of courses shall be applicable.
c) If written notice is received on or after the start date of the course, there will be no refund of any monies paid in relation to that course unless the Head of College deems that exceptional circumstances apply. If the course is part of a package of courses, then any monies paid in relation to other courses within that package that have not yet been commenced will be refunded subject to Clauses 5a or 5b above.
d) Fees may also be payable under Clause 8 of the Terms and Conditions.
6. In the event that the College is unable to deliver your course or its mandatory replacement in full, you will be offered a refund of the tuition fees you have paid to date less the total cost for the tuition services provided to you before the default day. The refund will be paid to you within 2 weeks of the day on which the course ceased being provided. Alternatively, you may be offered enrolment in a suitable alternative course by the College. You have the right to choose whether you would prefer a refund of unused pre-paid tuition fees, or to accept a place in another course. If you choose placement in another course, the College will ask you to sign a document to indicate that you accept the placement.
If the College is unable to provide a refund or place you in another course, the Tuition Protection Service (TPS) will place you in a suitable alternative course. If there are no suitable alternative courses or offers, you may apply to the TPS for a refund of the amount of any unspent tuition fees you have paid the College.
7. If you fail to meet the The College's progression rules and are not permitted by the College to maintain enrolment in your course, you will be offered a refund of the tuition fees you have paid to date less the total cost for the tuition services provided to you before the date of exclusion from the College.
8. 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.
Cancellation and Refund Policy – Online Education Delivery Mode
On-shore Student Visa Holders
Only in exceptional circumstances will Online Learning be available to student visa holders who are on-shore; such studies must relate to the course in which the student is enrolled. The approval for this alternative study mode is at the discretion of the relevant Director of Studies, and will be in accordance with the requirements of the ESOS Framework. Where this study mode is approved, the following terms and conditions apply.
1. I understand that I must not undertake more than 25% of the total nominal hours of my course by Online Learning and that in each study block, I must be studying at least one subject that is delivered classroom-based on-campus.
2. I understand that tuition fees paid for subjects are not refundable after commencement unless the Head of College deems that special circumstances apply.
3. I agree that applications for refunds must be made in writing and received by the relevant Director of Studies prior to subject commencement.
4. I understand that when a request for a refund is received, a letter acknowledging receipt of the request will be forwarded to me. If special circumstances apply, the refund request will then be investigated and processed in accordance with the Cancellation and Refund Policy – On-Campus Courses stated above. Notification of the outcome, including a refund if applicable, will be forwarded to me within 4 weeks of the College's receipt of the request.
5. 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.
1. I understand that tuition fees paid for courses are not refundable after commencement unless the Head of College deems that special circumstances apply.
2. I agree that applications for refunds must be made in writing and received by the relevant Director of Studies prior to the subject commencement date provided.
3. I understand that when a request for a refund is received, a letter acknowledging receipt of the request will be forwarded to me. If special circumstances apply, the refund request will then be investigated and processed in accordance with the Cancellation and Refund Policy – On-Campus Courses stated above. Notification of the outcome, including a refund if applicable, will be forwarded to me within 4 weeks of the College's receipt of the request.
4. I understand that I may request to transfer course fees to a different subject/course enrolment delivered by Online Education subject to availability.
5. 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.
Homestay/Lodge Refunds (All Campuses)
I understand that if:
a) I cancel my accommodation less than 7 days before arrival, I will be charged the Accommodation/Homestay Placement Fee (if applicable), plus a cancellation fee equivalent to 1 week of accommodation;
b) I cancel my accommodation after arrival, 4 weeks of notice is required; any accommodation fees in excess of the notice period will be refunded less a 10% cancellation fee.
Overseas Student Health Cover (OSHC) Refund Policy
If you have not arrived in Australia, and the College has organised the OSHC, it will refund your OSHC directly to you. If you have arrived in Australia and are:
a) discontinuing your studies and returning home;
b) transferring to another provider; or
c) no longer on a student visa,
then the OSHC provider will organise the refund. Refunds are processed on pro-rata monthly bases. Refund forms are available on the website at https://www.oshcallianzassistance.com.au/default.aspx.
Airport Transfers Refund Policy
For cancellations less than 48 hours before arrival, no refund will apply.
However, if when you arrive at the airport, the Airport Transfer service provider cannot be located, you should contact the 24-hour phone number provided. In such circumstances, the College agrees that if you have advised our emergency contact that you have not been met at the Airport, and alternative arrangements have not been made, then a full refund of this service fee will apply.
Student Grievance Policy - All Student Visa Holders
In the event of a dispute between an individual student and the College, internal procedures are in place to facilitate the resolution of the dispute. Full details are published on the website martin.edu.au.
A summary of the internal grievance procedures
1. Code of Conduct, Attendance and Discipline
Students are expected to abide by the terms and conditions of enrolment and the published rules and code of conduct of the College. Disciplinary procedures will be applied in the event of a breach of these rules. All staff members are expected to apply the College's policy and rules fairly and without favour, but if a student considers that this has not occurred, the student may refer the matter to the Campus Grievance Officer. The complaint may either be dealt with by that person, or referred to the Campus Director of Studies for resolution. The decision will be conveyed in writing to the parties. If either the action taken or the outcome does not satisfy the student, he/she may write to the Head of College, who will in turn convey a decision in writing to the student.
2. Service and Academic Programs
In the event of a student complaint concerning the quality of the service or teaching provided by the College, the student will report the matter to the Campus Grievance Officer. The complaint may either be dealt with by that person, or referred to the Campus Director of Studies for resolution. The decision will be conveyed in writing to the parties. If either the action taken or the outcome does not satisfy the student, he/she may write to the Head of College, who will in turn convey a decision in writing to the student.
3. Contractual and Financial Issues
Matters relating to the interpretation of the Contract, or the payment or refund of moneys, are stated clearly within this document. Any queries relating to course fees and other charges payable to the College (or refunds) will initially be dealt with by the College Finance and Administration staff. If the student is dissatisfied with the decision, the matter will be referred to the Campus Student Services Manager. If either the action taken or the outcome does not satisfy the student, he/she may write to the Head of College, who will in turn convey a decision in writing to the student.
A summary of the external grievance procedures
International students who wish to lodge an external appeal or complain about a decision made by the College, can contact the Overseas Students 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 the College. For further information, visit the Overseas Students Ombudsman website www.oso.gov.au or phone 1300 362 072.
The procedures set out in this document do not replace or modify procedures or any other responsibilities which may arise under other policies or under statute or any other law. Nothing in this policy and procedure limits the rights of individuals to take action under Australia's Consumer Protection laws. Also, these procedures do not circumscribe an individual's rights to pursue other legal remedies.
Payment can be made to the Martin using a number of payment options via our PayOnline platform. Access to this platform can be found at http://pay.martin.edu.au using your unique student access code.
Certain payment options will carry a processing fee of 2.5%. We reserve the right to alter this charge from time to time.
If you choose to pay in your local currency a foreign exchange rate will apply. The applicable exchange rate can be viewed online as at the time and date of the payment.
Bank charges and commission for both the sending and receiving banks should be paid by the sender of funds or they will be applied to the student’s account
The student (and, where applicable, his or her parent or guardian):
1. agrees that the student's photographs, videos, artwork or other works, as well as recorded or written testimonials and details of the student's achievements (‘Student Images and Testimonials’) may be used by Study Group, or by a third party agent of Study Group, worldwide for promotional purposes including in its printed and online marketing materials and on any social media network without further consent or notification; and
2. gives consent to Study Group storing, or transferring across international borders, copies of the Student Images and Testimonials for such purposes.
A student who does not agree must advise the College in writing.
Education Services for Overseas Students Framework
The Australian Government wants overseas students in Australia to have a safe, enjoyable and rewarding place to study. Australia’s laws promote quality education and consumer protection for overseas students. These laws are known as the ESOS Framework and they include the Education Services for Overseas Students (ESOS) Act 2000 and The National Code (for more information about your rights under the ESOS Framework, please refer to https://internationaleducation.gov.au/regulatory-information/pages/regulatoryinformation.aspx. If you have any concerns about any of these matters after you arrive at the College, please contact your Campus Director.
Please note that information is collected by the College during each student’s enrolment in order to meet its obligations under the ESOS Framework. This is to ensure students’ compliance with the conditions of their visas and their obligations under Australian immigration laws generally. The authority to collect this information is contained in the ESOS Framework.
Information collected about each student during enrolment can be provided, in certain circumstances, to the Australian Government and designated authorities and, if relevant, the Tuition Protection Service (TPS). In other instances information collected during enrolment can be disclosed without the student’s consent where authorised or required.
Changes to Arrangements
After course commencement, the College reserves the right to charge an Adjustment Fee of AU$150 each time course details are changed after a place has been confirmed. This fee will not apply to upgraded or extended courses.
The College reserves the right to change the particulars of the services, including changes to prices, courses, facilities and dates of programs where circumstances beyond the College's control necessitate such changes or where the level of enrolments does not reach the minimum numbers required to operate a course viably.
Version dated 28 August 2015
© Martin College 2015
Registered Training Organisation: Study Group Australia Pty Limited
Registered Training Organisation Code: 5806
CRICOS Provider: Study Group Australia Pty Limited
National CRICOS Provider Code: 01682E