Overseas Students: Complaints and Appeals Policy

1. What is this policy about?
   1. CP201308, the ACT Education Directorate’s (Directorate) Complaints Policy, applies in the international education context. However, further considerations are necessary in the prompt, fair and impartial resolution of complaints made by overseas students. These are outlined in this policy, which should be read and actioned in conjunction with CP201308.
   2. This policy recognises that many issues are best resolved informally at the local level.
2. Policy Statement
   1. As a registered CRICOS provider, the Directorate complies with the legislative framework of the Education Services for Overseas Students Act (Clth) 2000 (ESOS Act) and the National Code of Practice 2018 (National Code).
   2. The Directorate responds to any complaint or appeal the overseas student makes regarding his or her dealings with the registered provider, the registered provider’s education agents or any related party the provider has an arrangement with to deliver the overseas student’s course or related services.
   3. Standard 10 of the National Code references responsibilities of the registered CRICOS provider in:
      • having, and implementing, a documented complaint handling and appeals process;
      • providing overseas students with comprehensive, free and accessible information about its complaints and appeals policy and process.
3. Who does this policy apply to?
   1. This policy applies to overseas students who hold visa subclass 500 (school sector) and are enrolled in ACT public schools.
   2. The right to appeal, and mechanism for so doing, is referenced in the written enrolment application and acceptance of offer signed by, or on behalf of (if under 18 years), the overseas student.
4. Context
   1. The IEU team, when requested, supports overseas students, or their families (biological or host parents or guardians), with the complaints and appeals process.
   2. The principles of procedural fairness apply.
   3. Internal appeals should be lodged within 20 working days from the date that the overseas student is notified of a Directorate decision in relation to a complaint, with finalisation as soon as practicable thereafter.
   4. External appeals should be lodged within 10 working days from the date that the internal appeal decision is communicated (to be within 10 working days of concluding the internal review), noting the registered CRICOS provider will make available the contact details of the external appeals body.
   5. The Human Rights Commission (HRC) serves as the external review mechanism. Under S40A of the Human Rights Commission Act 2005, a complaint may be made to the HRC about a service for children and young people if not being appropriately provided or provided at all, or the provider acts inconsistently to generally accepted standards of service delivery expected.
   6. The Directorate will uphold and implement the outcome of any external appeals process, taking the corrective or preventive action required and advising the overseas student.
   7. Student enrolment is maintained throughout the period of assessing complaints and appeals.
5. Responsibilities
   1. International Education Unit (IEU):The IEU is responsible for:
      • providing clarity to the DHA of the dates for which CAaW applies and notifying changes promptly (eg registered
      • assisting overseas students to raise their concerns, and explore options to resolve, initially at the local school site or directly with the IEU (as relevant to the nature of the concern);
      • managing the internal appeals process (if the complaint is not resolved informally), on behalf of the Directorate, for overseas students;
      • providing the complainant with information about to whom, and how, to progress their appeal to an external body, if applicable;
      • adhering to notification and resolution timelines;
      • communicating throughout the process with the overseas student to inform and reassure, including providing appeal outcomes in writing with an explanation of “what” and “why”;
      • maintaining a written record of complaint or appeals lodgement, details, outcome and reason for the decision;
      • evaluating complaint data to inform continuous improvement in practice in its service offerings.
   2. International Private Students (IPS) Co-ordinators: Co-ordinators are responsible for:
      • providing a trusted point of contact for the student;
      • liaison with the IEU staff when students have an issue and may need help to resolve.
   3. Overseas Students: Students are responsible for:
      • bringing complaints to notice and, with support, genuinely attempting to resolve issues;
      • lodging appeals, in written format, within prescribed timeframes.
   4. Policy Owner: The Executive Branch Manager Universal School Support is responsible for this policy.
6. Monitoring and Review
   1. The Policy Owner monitors the policy. This includes an annual scan of operation and review. A full review of the policy will be conducted within a three year period.
7. Contact
   1. For support, contact the IEU on (02) 6205 9178 or via email at ieu@act.gov.au.
8. Complaints
   1. Any concerns about the application of this policy or the policy itself, should be raised with:
      • the IEU via email at ieu@act.gov.au or by phone on (02) 6205 9178 in the first instance;
      • contact the Directorate’s Families and Students, Complaints and Feedback Unit on (02) 6205 5429.
      • online at http://www.education.act.gov.au/contact_us.
      • see also the Complaints Policy on the Directorate’s website.
9. References
   1. Definition
      • Complainant – overseas student, or an adult on their behalf, making a complaint.
      • Complaint – dispute, grievance or dissatisfaction about the administration, management or operation of international education services or impact to visa status, where a response or resolution is expected.
      • Local Level – the specific school site or the International Education Unit.
      • Reasonable assistance – examples include language translation or an understanding of how to access support agencies and services (eg making a police report).
   2. Legislation
      • Education Services for Overseas Students Act (Clth) 2000
      • National Code 2018
      • Education Act (ACT) 2004
      • Human Rights Act 2004
      • Human Rights Commission Act 2005
      • Freedom of Information Act 1989
      • Information Privacy Act 2014
   3. Implementation Documents
      • Overseas Students: Complaints and Appeals Procedure
      • Directorate’s Complaints Procedure
      • Overseas Students: Guidelines for Students Holding Visa Subclass 500 (School Sector)
   4. Related Policies and Information
      • IEU Operations Plan
      • IEU Risk Matrix

is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, available on the Directorate’s website at http://www.education.act.gov.au/publications_and_policies/school_and_corporate_policies/A-Z/.