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International Fee Paying Student Refund Procedure

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Section 1 - Purpose

(1) This Procedure establishes the practices for managing tuition and administration fee refunds for international students at the University of Wollongong (the University).

(2) This Procedure provides the framework for the University's compliance with the Education Services for Overseas Students Act 2000, Higher Education Support Act 2003 (HESA), and the National Code of Practice for Providers of Education and Training to Overseas Students 2018.

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Section 2 - Application and Scope

(3) This Procedure applies to all fees and charges paid to the University by or on behalf of commencing, continuing fee paying and previously enrolled international fee-paying students with the following exceptions:

  1. UOW Accommodation services fees and charges;
  2. UOW Faculty fees and charges;
  3. UOW Library charges;
  4. UOW offshore campuses;
  5. UOW College fees and charges;
  6. UOW partner institutions' fees and charges for Offshore programs;
  7. Any fees or charges relating to enrolment in a short course.

(4) This Procedure should be read in conjunction with the:

  1. student’s Written Agreement with the University;
  2. Fees Policy;
  3. Admissions Procedures (Coursework);
  4. Compassionate or Compelling Circumstances Guidelines;
  5. International Student Release Procedure;
  6. and any other relevant policy documents. 

(5) This Procedure and the right to make complaints and appeal decisions does not limit a student's right to take action under Australian Consumer Law, where applicable.

(6) In the event of inconsistency with the Education Services for Overseas Students Act 2000 , Higher Education Support Act 2003 (HESA) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 the legislation shall prevail to the extent of that inconsistency.

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Section 3 - Refund of Tuition Fees

Commencing International Students with a Tuition Fee Deposit

(7) International students who receive an Offer of Admission must pay a Tuition Fee Deposit to receive a Confirmation of Enrolment (CoE).

(8) Students who have a package Offer of Admission with UOW College Australia (UOWCA) may also be required to pay a Tuition Fee Deposit for their University of Wollongong (UOW) course.

(9) The Tuition Fee Deposit will only be applied to UOW course tuition fees as credit and is typically non-refundable except as outlined in this Procedure.

Refund Eligibility

(10) Refund outcomes for commencing international students applying for a refund of tuition fees associated with a Tuition Fee Deposit are set out in Appendix 1: Tuition Fee Deposit Refund Summary – Commencing International Students.

Continuing International Students

(11) An application for a refund of tuition fees:

  1. must be received by the University within 12 months of the date on which the subject(s) were officially withdrawn; or if the subject is not withdrawn, within 12 months of the end of the study period for the subject(s); or
    1. the University waives the application period based on the student being able to demonstrate, with supporting documentation, that they were incapable of making their application before the end of that period.

Refund Eligibility

(12) Refund outcomes for continuing international students applying for a refund of tuition fees where the student remains enrolled in the subject after the census date of their study session are set out in Appendix 2: Tuition Fee Refund Summary – Continuing International Students.

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Section 4 - Refunds for Non-Tuition Fees

Student Services and Amenities Fee (SSAF)

(13) Students enrolled after census date are liable for SSAF. SSAF is not refundable. Except in the circumstance payment was part of the total fee payable to accept the Acceptance Agreement.

Overseas Student Health Cover (OSHC)

(14) Students are responsible for obtaining a refund of their OSHC, even if this health cover has been purchased as part of the Universities admission process.

(15) The University will cancel and refund OSHC obtained through the university admissions process if:

  1. the student has received a Visa Refusal from the Department of Home Affairs and made a successful refund application under the circumstances outlined in section 11, Item 2 of this Procedure; or
  2. the University has defaulted on the course offering under the circumstances outlined in section 11, Item 1 of this Procedure.
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Section 5 - Refund of Credit Balances

(16) Unallocated credit remains in the student's account as credit for future charges.

(17) Credit that is part of the Tuition Fee Deposit typically non-refundable except as outlined in this Procedure.

(18) Students may request a refund of credit balance.

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Section 6 - Refund Application Process

Application Submission

(19) The University will only assess applications that are complete and are supported by the approved documentation.

(20) Students must:

  1. submit an online application form via the University's website;
  2. provide the reason for seeking a refund; and
  3. include all required supporting documentation.

(21) International students applying for a refund of a Tuition Fee Deposit must:

  1. formally notify the University of withdrawal via the Student Compliance website; and
  2. have their Confirmation of Enrolment (CoE) cancelled due to approved Release or formal withdrawal.

Assessment and Processing

(22) Applications for refunds will be assessed according to the Delegations of Authority Policy.

(23) Students will be notified of the outcome within 28 calendar days.

(24) Incomplete or repeat applications may be withdrawn and not assessed.

(25) If approved, refunds will be processed in Australian dollars to the original payment source. For payments made directly to the University, students must provide original bank account details; For payments made to Flywire, the refund will be paid back to Flywire and returned to the originating account. Credit card surcharges and international transfer fees are non-refundable.

(26) Sponsored student refunds are held in credit or refunded to the sponsor at their request.

(27) Study Abroad student refunds are treated the same as other International Students.

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Section 7 - Appeals Process

Submitting an Appeal

(28) If dissatisfied with a refund decision, students may appeal within 28 calendar days of receiving the original outcome. Appeals must include:

  1. any new and substantial evidence not previously considered;
  2. a written statement with reasons for appeal; and
  3. any relevant documentary evidence.

Appeal Assessment

(29) Appeals will be considered by the Senior Manager, Fees and Scholarships, or delegate and an outcome provided in writing within 28 calendar days.

(30) Appeals must not be considered by the original decision maker.

Further Review

(31) Following the appeal outcome, if still dissatisfied, students may raise a complaint, externally with the National Student Ombudsman (NSO).

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Section 8 - Supporting Documentation 

Documentation Requirements

(32) Applications for a refund under special circumstances or compassionate or compelling circumstances must be supported by sufficient documentation in accordance with the Compassionate or Compelling Circumstances Guidelines.

Documentation Verification

(33) Supporting documentation must be verified by the University.

(34) Students consent to verification by submitting documentation.

(35) Fraudulent documentation will be treated as serious misconduct and dealt with in accordance with the Student Conduct Rules and associated policy documents.

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Section 9 - Forfeiture of Fees and Charges

(36) Refer to section 15 of the Fees Policy.

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Section 10 - Roles and Responsibilities

Student Responsibilities

(37) Students are responsible for:

  1. complying with policy and procedure requirements;
  2. submitting complete refund applications with appropriate documentation;
  3. providing additional information when requested; and
  4. ensuring information is verifiable and accurate.

Manager/Officer Responsibilities

(38) The Manager, Fees and Scholarships and Fees and Scholarships Officer are responsible for:

  1. assessing refund eligibility;
  1. processing approved refunds;
  2. notifying students of refund outcomes within 28 days; and
  3. providing appeal information in accordance with this Procedure.

Senior Manager Responsibilities

(39) The Senior Manager, Fees and Scholarships is responsible for:

  1. assessing student appeals;
  2. notification of appeal outcomes within 28 days; and
  3. providing external review information if appeal declined.
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Section 11 - Appendix 1

Table 1: Tuition Fee Deposit Refund Summary – Commencing International Students

Item
Circumstance
Timing/Conditions
Refund Outcome
1
Provider default
If the University discontinues a course.
If the University discontinues a course it will trigger a range of default obligations under the ESOS Act. The University will be required to provide a refund unless it offers and the student accepts a place in another course which is at the University’s expense, under section 46D of the ESOS Act.
 
If the University revokes a student's offer of study not due to the students own fault.
Full refund of unspent Tuition Fee Deposit, calculated according to the ESOS Act (Calculation of Refund) Specification 2014 or alternate course offering at the University’s expense
2
Visa withdrawn or not granted
i. a student’s visa is refused and evidence of the refusal is provided in the form of the Australian Department of Home Affairs Visa Refusal Notice.
 
ii. a student withdraws their application for a visa after accepting their offer from the University, but before a visa outcome is provided, and evidence of the Australian Department of Home Affairs Notice of Application Withdrawal Letter is submitted with the refund application.
A student will receive a refund of their Tuition Fee Deposit less an administration charge of $500 or 5% (whichever is the lesser amount)
 
 
 
3
Notice of withdrawal/student default
 
 
 
before commencement date
$1000 administration charge retained
after commencement date but before census date
$5,000 administration charged retained
after census date
No refund
4
 
Offer Conditions not met
 
Reasonable attempt
Full refund
Declined Release due to no reasonable attempt in line with International Student Release procedure
Based on timing of notice of withdrawal, refund amounts assessed in line with section 11, Item 3 as above.
5
Deferred offer after course commencement date
a student is required to meet the admission requirements and return the Acceptance Agreement. 
Refund assessment based on timing of acceptance, refund application, commencement dates and census dates of the Acceptance Agreement.
 
6
Permanent Residency
(Permanent residency is recognised from the date the student provides evidence to the University)
 
before census date, remain enrolled
Difference in fees retained against future tuition fees
before census date, withdrawal
Based on timing of notice of withdrawal
after census date the student will be charged international student fees for the remainder of that study period and not entitled to a refund. The student will be classified as a domestic student from the following study period.
 
No refund. Change in status next study period
7
Fraudulent, misleading or incorrect documentation submitted for admission or visa
 
 
No refund
8
Visa Cancellation by Australian Government after census date
9
Declined Release to transfer, did not enrol
10
Expulsion, exclusion or suspension 
11
Enrolment cancelled due to nonpayment of fees
12
Compassionate or compelling circumstances (non commenced student) 
Compassionate or compelling circumstances are situations beyond a student's control that have a significant impact on their ability to commence or progress in their course, as assessed in accordance with the University’s Compassionate or Compelling Circumstances Guidelines.
Full refund
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Section 12 - Appendix 2

Table 2: Fee Refund Summary – Continuing International Students.

Item
Circumstance
Timing/Conditions 
Refund Outcome
1
Provider default
If the University discontinues a course.
If the University discontinues a course it will trigger a range of default obligations under the ESOS Act. The University will be required to provide a refund unless it offers and the student accepts a place in another course which is at the University’s expense, under section 46D of the ESOS Act.
 
If the University revokes a student's offer of study not due to the students own fault.
Full refund of unspent Tuition Fee, calculated according to the ESOS Act (Calculation of Refund) Specification 2014 or alternate course offering at the University’s expense
2
Special Circumstances in accordance to HESA
Before or after census date in any teaching period.
 
Circumstances must:
 
i. be beyond their control; and
 
ii. not have a full impact on the student until on or after the Census date for the subject impacted; and
 
iii. make it impracticable for the student to complete the requirements for the subject in the period during which they undertook, or were to undertake the subject.
 
Lack of knowledge or understanding of University policy documents, visa conditions, commonwealth legislation, failure to follow policies, procedures or legislation, and the inability to pay tuition fees are NOT considered special circumstances.
 
Full refund 
3
Permanent Residency
 
(Permanent residency is recognised from the date the student provides evidence to the University)
before census date, remain enrolled
Difference in fees retained for future use towards tuition or refunded to the student in line with section 5 of the policy
before census date, withdrawal
Based on timing of notice of withdrawal
after census date.
 
No refund. Change in status next study period.
 
The student will be charged international students fees for the remainder of that study period and not entitled to a refund. The student will be classified as a domestic student from the following study period.
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Section 13 - Definitions

Word/Term
Definition (with examples if required)
Acceptance Agreement A signed document by the student confirming their intention to enroll, agreeing to the terms of the Offer of Admission, and acknowledging the university’s rules and policies.
Census Date
The last date to withdraw without financial liability and the due date for Commonwealth Supported or Commonwealth Assisted students to make an upfront payment of their student contribution amount or tuition fees or to apply for HECS-HELP or FEE-HELP.
Commencement Date The Commencement date is the first official day of the study session marking the beginning of lectures and tutorials. This date can be found on the Offer of Admission.
Course A course offered by the University leading to an AQF qualification, or a non-award course.
Defer A request by an applicant that has met the conditions for entry to the University to postpone the commencement of study to a later session.
Delegated authority A person or body exercising powers or undertaking functions delegated by the University Council under the terms of the University of Wollongong Act 1989. All lawful delegations of University Council powers and functions are contained in the University of Wollongong Delegations of Authority Policy.
Department of Home Affairs (DoHA) The Department of Home Affairs (DoHA) is the Australian Government Interior Ministry with responsibilities for national security, law enforcement, emergency management, border control, immigration, refugees, citizenship and multicultural affairs. 
Domestic student A student who is an Australian or New Zealand Citizen; an Australian permanent resident or holder of an Australian humanitarian visa.
Exclusion/excluded A course status where a student’s academic progress has been deemed unsatisfactory, or a determination has been made to terminate a student’s registration for a defined period, resulting in the student being required to formally re-apply for admission to the University after the defined period of exclusion.
Expulsion/expelled A determination whereby a student’s registration is terminated permanently. An expelled student shall not be re-admitted except by permission of the University Council.
Full Fee-Paying Student A Domestic or International student studying in a non-Commonwealth Supported Place.
Flywire Flywire is a secure international payment gateway.
Higher Education Support Act 2003 (HESA) The Higher Education Support Act 2003 (HESA) is the main piece of Commonwealth legislation governing Higher Education in Australia.
International student A student who is not an Australian or New Zealand citizen or the holder of a permanent resident status and is required to hold a visa to study in Australia and is liable for international student fees.
National Student Ombudsman The National Student Ombudsman works to resolve student complaints about higher education providers. It provides an independent service available to all higher education students.
Non-award A course or Subject that is not recognised under the Australian Quality Framework (AQF) but approved by the delegated authority as a non-award course or subject offered at the University.
Offer of Admission A formal document issued by the University outlining the program details, conditions of entry, fees, and other requirements for a prospective student to be admitted.
Packaged offer A packaged offer is an offer of two or more courses undertaken sequentially and typically contingent on successful completion of the earlier course(s) to a specified standard before undertaking a second or subsequent course. Often this will involve the offer of a place at the University contingent on the successful completion of an English language and/or academic pathway course.
Reasonable attempt A student who is deemed to have genuinely attempted to pass a course of study, which may include a minimum attendance of 80% of the course and/or verification from the education provider that the student genuinely attempted to pass a course of study.
Refund Application An online refund application received by the University, signed by the student and accompanied by all necessary supporting documentation and information to assess the application.
Release An early discharge for an international student, enabling them to return home or to enrol with another education provider. A release needs to be formally requested and can only be granted under limited circumstances as outlined under Standard 7 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018.
Study Period Period of no more than six (6) months within a course in which a student must be enrolled unless the student has been granted a deferral or a leave of absence.
Sponsor A third party who pays the fees and charges on behalf of a student and has a formal sponsorship agreement or arrangement with the University. In some cases, this can be the University itself.
Sponsored Student A student for whom tuition fees and charges are paid by a Sponsor, or a student with an approved Australia Awards scholarship.
Student Services and Amenities Fee (SSAF) The Student Services and Amenities Fee (SSAF) was introduced by the Australian Government to allow Universities to charge a fee for Student Services and Amenities of a non-academic nature. The charge is based on the maximum rate set by the Australian Government for each academic year and is based on a student’s enrolment, i.e. mode, campus and study load within a calendar year.
Subject A self-contained unit of study identified by a unique code.
Suspension/suspended A penalty whereby a student is prevented from enrolling for a defined period. The student may apply to be re-admitted at the conclusion of the period of suspension.
Tuition Fee Deposit Portion of tuition fees, as outlined in an Acceptance Agreement, paid by an international student after accepting their Written Agreement and paid prior to enrolment.`
UOW or University University of Wollongong (UOW)
Written Agreement The complete set of documents forming the legal contract between the student and the University, including the Conditional Offer Letter or Offer Letter, Offer of Admission, and the Acceptance Agreement.