Overseas Students: Student Enrolment Transfer Policy

1. What is this policy about?
   1. This policy outlines the arrangements for assessing and actioning transfer requests relating to overseas fee-paying students currently enrolled in, or seeking to enrol in, ACT public schools.
2. Policy Statement
   1. As a registered CRICOS provider, the ACT Education Directorate (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. Standard 7 of the National Code references responsibilities of the registered CRICOS provider regarding overseas student transfers.
3. Who does this policy apply to?
   1. This policy applies to overseas students who hold visa subclass 500 (school sector) and are seeking to transfer from, or to, ACT public schools.
4. Context
   1. Transfer requests should be lodged in writing (via ieu@act.gov.au) and must include a valid enrolment offer from another registered provider. Application processing will commence within 5 days of receipt and be completed as soon as practicable, allowing for the determination of any appeal (submitted within 20 working days of a refusal notification).
   2. The Directorate will grant a transfer if it is in the best interests of the overseas student, guided by the conditions outlined in Standard 7.2.2of the National Code.
   3. The Directorate will refuse a transfer if the overseas student has not completed six months in the first registered school sector course (except as applies in 4.3). Transfer is also refused in the absence of the confirmation requirements specified in 4.4 for students under 18 years.
   4. The Directorate does not knowingly enrol an overseas student transferring from elsewhere, within six months of their principal course of study commencing, except in case by case instances supported by ESOS legislation (eg course cessation by releasing provider).
   5. If the overseas student is under 18 years, then written confirmation supporting a transfer is required from a parent or guardian. Additionally, if the overseas student is not being cared for in Australia by a parent or suitable nominated relative, then the receiving provider must confirm responsibility for welfare arrangements, and from when, to ensure continuity of care.
5. Responsibilities
   1. International Education Unit (IEU): The IEU is responsible for:
      • co-ordinating a process for an overseas student to lodge a written request to transfer, including details of required evidence (eg enrolment offer from a registered provider);
      • commencing transfer assessment within 5 days of lodgement;
      • providing clarity about the circumstances in which a registered provider may grant, or refuse, a transfer request;
      • timely notification of the outcome of a transfer request, including reason for the decision;
      • if the releasing provider, advising the student (or a biological or host parent or guardian on their behalf) that there is no cost and, also, to contact the Commonwealth Department of Home Affairs as to whether a new student visa is required;
      • making the overseas student (or a biological or host parent or guardian on their behalf) aware of their right to appeal, if a transfer request is denied, including how to access the relevant complaints and appeals process and within what time period;
      • updating official records as to transfer refusal, after finalisation of any appeals process;
      • maintaining a record of release requests, assessment of and decision regarding transfers (including appeals) for at least two years after the overseas student ceases to be enrolled.
   2. Overseas Students: Students are responsible for:
      • lodging a written request for transfer with the appropriate supporting documentation;
      • adhering to timelines, if there is an intent to appeal following a decision to deny transfer.
   3. 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;
      • the Family, Students Complaints and Feedback team on (02) 6205 5429;
      • online at www.education.act.gov.au/about-us/contact_us.
      • see also the Complaints Policy on the Directorate’s website.
9. References
   1. Legislation
      • Education Services for Overseas Students Act (Clth) 2000
      • National Code 2018
      • Education Act (ACT) 2004
   2. Implementation Documents
      • Overseas Students: Student Transfer Process
      • Overseas Students: Guidelines for Students Holding Visa Subclass 500 (School Sector)
   3. 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/.