Conditions of Enrolment

Conditions of Enrolment

Course means a course offered by Hawthorn-Melbourne in which You are or will be enrolled;

Course Fees means both the Tuition Fees and the Non-tuition fees (if any) received by Hawthorn-Melbourne in respect of the student;

DHA means Department of Home Affairs;

ESOS Act means the Education Services for Overseas Students Act 2000;

Initial Course means Your Course or, if You have a Multiple Course Enrolment, Your Course with the earliest commencement date;

Multiple Course Enrolment means enrolment in more than one Course offered by Hawthorn-Melbourne, whether the Courses are offered concurrently, consecutively or otherwise;

National Code means the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2018 established under the ESOS Act;

Navitas means Navitas Pty Limited ABN 69 109 613 309;

Navitas English Services Pty Ltd means Navitas English Services Pty Ltd ABN 13 002 069 730;

Non-tuition fees means any materials, OSHC, accommodation placement, host registration fee or airport reception fees paid by You to Hawthorn-Melbourne;

Principal Course means the main course of study to be undertaken where a student visa has been issued for multiple courses of study. The principal course of study would normally be the final course of study where the overseas student arrives in Australia with a student visa that covers multiple courses;

TPS means Tuition Protection Service;

Tuition Fees mean money received in relation to a study period for a Course to be provided by Hawthorn-Melbourne;

Written Agreement means your Application Form, your Letter of Offer, these Conditions of Enrolment and the acceptance of offer documents together comprise your written agreement which is a legally binding contract between you and Hawthorn-Melbourne; and

You means the student named in the enrolment form and, if the student is under 18 years of age, his or her parent or legal guardian named in the enrolment form and Your has a corresponding meaning.

Cancellation and refunds

Hawthorn-Melbourne complies with the ESOS Act 2000, the National Code 2018 and any applicable State and Territory requirements. To the extent of any inconsistency between these Conditions of Enrolment which is to Your detriment and any national, State or Territory requirements with which Hawthorn-Melbourne must comply, the national or State or Territory requirement prevails.

Enrolment fee

The Hawthorn-Melbourne enrolment fee is payable once only and is only refundable in limited circumstances involving provider default.

Tuition

If You wish to cancel Your enrolment with Hawthorn-Melbourne, the amount refunded will depend on the circumstances for cancellation and the number of weeks notice given.

The fee refund policy can also be found at: Refund Policy and Procedure

• If You provide Hawthorn-Melbourne with at least four weeks’ written notice prior to the commencement of Your Initial Course, Hawthorn-Melbourne will provide You with a full refund of tuition fees for that Course and any subsequent Courses.
• If You provide Hawthorn-Melbourne with less than four weeks’ written notice prior to the commencement of Your Initial Course, Hawthorn-Melbourne will provide You with a full refund of tuition fees for that Course and any subsequent Courses, less a 30 percent cancellation fee.
• In circumstances other than where Hawthorn-Melbourne ceases to provide the Course, no refund is payable for any of Your Courses after Your Initial Course has commenced.
• If Your visa application is denied, as prescribed in section 47E of the ESOS Act (Calculation of Refund), a full refund of all pre-paid Course fees, less AU$500 or 5 percent of the total amount of pre-paid Course fees received for the Course (whichever is the lesser), will be made provided that Hawthorn-Melbourne receives a copy of the Department of Home Affairs visa refusal letter.
• In the event a refund is granted, the refund must be made to the same credit card number or bank account from which the original payment was made. This includes payment received from a third party, other than You.
• In the event of late arrival there is no refund and study weeks missed will be forfeited.
• Except as required under the ESOS Act or the National Code, where You transfer from a more expensive Course to a less expensive Course, no refund of the difference is payable.
• Hawthorn-Melbourne reserves the right to cancel a Course due to insufficient numbers. In this event, unless Hawthorn-Melbourne arranges for You to be offered a place in an alternative course at Hawthorn-Melbourne’s expense and You accept that offer in writing, Hawthorn-Melbourne will refund all Course money You have paid to date for the cancelled Course within two weeks of the date on which Hawthorn-Melbourne ceases to provide the Course.

In circumstances other than where Hawthorn-Melbourne ceases to provide a Course, refunds will be paid within four weeks of Hawthorn-Melbourne receiving Your written request.

Non-Tuition Fees

If You wish to cancel Your enrolment with Hawthorn-Melbourne most non-tuition fees are non-refundable. Please see the Refund Summary Guide below.

Accommodation

• The Accommodation Placement Fee will be charged for every Accommodation Placement arranged by Hawthorn-Melbourne.
• No refund will be made on the accommodation placement fee.
• Weekly homestay fees are payable directly to Your host family. You will be required to pay the equivalent of four weeks on arrival. This includes two weeks as security bond and two weeks Homestay fees in advance. The bond is refundable at the end of the Homestay arrangement provided there is no money owing for unpaid rent, bills or damage.
• If You wish to leave Your homestay at any time, You are required to give two weeks’ notice to Your homestay family. In the event You leave the homestay without giving appropriate notice, the bond is non-refundable.
• An additional fee is charged for registering parent-nominated homestay hosts who are not already registered with Hawthorn-Melbourne.

Airport transfer

• No refund of airport transfer fees will be made if You do not notify Hawthorn-Melbourne of Your flight details or any change of details at least two working days before arrival.

Suspension or cancellation of enrolment by Hawthorn-Melbourne

If Your enrolment is suspended or cancelled by Hawthorn-Melbourne in accordance with these Conditions of Enrolment, no refund of tuition fees is payable in the following circumstances:

a. You have failed to pay an amount You were liable to pay to Hawthorn-Melbourne (directly or indirectly) in order to undertake a Course;
b. You have breached a condition of Your student visa;
c. whilst You are under 18 years of age, You refuse to maintain Your approved care arrangements without sufficient reason acceptable to Hawthorn-Melbourne; or
d. Your behaviour is deemed unacceptable to Hawthorn-Melbourne, including but not limited to behaviour as described in the Hawthorn-Melbourne Code of Conduct as published at hawthornenglish.edu.au/apply/policies-procedures

Transfers

• If You transfer to a course at another education provider (excluding English language studies) and You have met the education provider’s published IELTS, TOEFL or PTE result, or You have achieved a satisfactory level of English through Hawthorn-Melbourne’s Direct Entry Agreements, You may be eligible for a transfer of Your unspent pre-paid tuition fees, less an administration fee of 30 percent. You must provide evidence acceptable to Hawthorn-Melbourne of a valid enrolment from the new education provider and Your current attendance rate at Hawthorn-Melbourne must be over 80 percent. Fees will only be transferred in full weeks. If You are granted a transfer, the remaining portion of Your unspent pre-paid tuition fees will be calculated from the commencement date of Your course with the new education provider. You may not be released from Your enrolment at Hawthorn-Melbourne prior to the commencement date of Your course with the new education provider.
  You will not be allowed to transfer to another education provider in the first six months of Your Principal Course of study (except for situations outlined above). If Your Course at Hawthorn-Melbourne is a prerequisite course in a package of courses, You will not be allowed to transfer to another education provider except in limited circumstances as outlined in the Overseas student transfers – Policy and Procedure.
  • In addition, if You are under 18 years of age You must have written evidence acceptable to Hawthorn-Melbourne that Your parent or legal guardian supports the transfer and written confirmation that the new education provider will accept responsibility for approving Your accommodation, support and general welfare arrangements if You are not being cared for in Australia by a parent or suitable nominated relative or legal guardian.
  • In addition, if You are sponsored by Your government, and Your government considers the transfer to be in Your best interests and You provide Your government’s written support for the transfer acceptable to Hawthorn-Melbourne, then the remaining portion of Your unspent pre-paid tuition fees from the commencement date of Your course with the new education provider may be transferred to the education provider, or paid directly to your sponsor.

• If You are successful in gaining entry to another Navitas college, You may be eligible for a transfer of Your unspent pre-paid tuition fees to the new Navitas location.
• Course fees are not transferable to another person nor to another English language centre, except for Navitas English Services Pty Ltd.

Deferrals

If You have paid tuition fees for a Course, Hawthorn-Melbourne may allow You to defer in the following circumstances:

• If You give Hawthorn-Melbourne at least four weeks’ written notice before the commencement of Your Initial Course (You will have to pay any increase in tuition fees from the time of deferment to Your commencement of the Course);
• If You cannot start Your Course on the agreed start date because there is a delay in receiving Your student visa before Your Course commences; or
• If You have compassionate or compelling circumstances, such as: death in Your immediate family (father, mother, child, sibling, spouse only); natural disaster in Your home country; You or Your dependant family member is seriously ill; You become pregnant; or You become a victim of a serious crime or trauma.

When applying for a deferral due to compassionate or compelling circumstances, You will need to provide the appropriate documentation which supports Your request. Examples of appropriate documentation include but are not limited to:

• a detailed medical statement from a doctor or medical specialist,
• a police statement,
• a copy of a death certificate or death notice for close family member.

Approval for deferral of a Course is at the sole discretion of Hawthorn-Melbourne. If approved, Hawthorn-Melbourne will advise the Department of Home Affairs accordingly. Deferral may only be granted for a maximum of six months from the date permission is granted. Unless expressly stated otherwise in these terms and conditions, You will not be entitled to any further deferral, refund or transfer of fees.

Course Progress and Attendance

While You are studying with Hawthorn-Melbourne, You must maintain:

• satisfactory course progress. Detailed information on course progress is available in the Course Progress Policy.
• a minimum of 80% attendance.   For more information refer to the Attendance Policy

Failure to meet satisfactory course progress and/or attendance requirements may result in Hawthorn-Melbourne cancelling Your enrolment and notifying the Department of Home Affairs as required.

Your address in Australia

While You are in Australia and studying with Hawthorn-Melbourne You must provide Hawthorn-Melbourne with Your contact details, including:

• residential address, mobile number and email address,
• who to contact in emergency situations

You must also advise Hawthorn-Melbourne of any changes to those details, within 7 days of the change.

Young student care arrangements

If You are under 18 years of age, the parent or legal guardian named in the enrolment form must nominate, in writing, either:

• a suitable relative (agreed by the Department of Home Affairs at the time of the visa application), living in the city in which You will be studying and who will be responsible for Your welfare whilst studying at Hawthorn-Melbourne; or
• request that Hawthorn-Melbourne make arrangements for Your care and welfare (including registering family friends as hosts). For further information, see https://www.hawthornenglish.edu.au/apply/underage-students

Indemnity and release

In consideration of Hawthorn-Melbourne accepting Your application for enrolment as a student and providing tuition to You, You will not hold Hawthorn-Melbourne, its related bodies corporate, their employees or agents liable for, nor make any claim against any of them, and You indemnify each of them against, any loss, damage, death, injury or liability which You may suffer or cause, in connection with or as a result of Your actions or failure to take reasonable care during:

a. Your attendance at any premises owned, operated or controlled by Hawthorn-Melbourne;
b. Your attendance at any activity, whether sporting, cultural, recreational or otherwise, organised by or on behalf of or with the assistance of Hawthorn-Melbourne or any activity of which Hawthorn-Melbourne has any knowledge; and
c. Your attendance and occupation of any accommodation, whether short-term or long-term, arranged for You by Hawthorn-Melbourne.

In addition, You acknowledge that there are risks and hazards that arise in participation in any sporting, cultural, recreational activity organised by or on behalf of or with the assistance of Hawthorn-Melbourne or any activity of which Hawthorn-Melbourne may have knowledge (Recreational Activities) and that participation in such Recreational Activities may result in injury (serious and minor), loss of life and loss or damage to property. You voluntarily agree to assume the risk of any injuries, damages or loss, regardless of severity that You may sustain as a result of being a participant in such Recreational Activities and release Hawthorn-Melbourne, its related bodies corporate and its employees from any and all claims for injuries, damages, or loss You may sustain arising out of or connected with such Recreational Activities.

If You are under 18 years of age, the parent or legal guardian named in the enrolment form requests that Hawthorn-Melbourne enrol You as a student of Hawthorn-Melbourne. In consideration of Hawthorn-Melbourne agreeing to enrol You, the parent or legal guardian:

a. guarantees Your obligations under these terms and conditions of enrolment;
b. will not hold Hawthorn-Melbourne, its related bodies corporate, their employees or agents liable for nor make any claim against any of them in connection with any loss, damage, death, injury or liability which You may suffer or cause, in connection with or as a result of Your actions or failure to take reasonable care during Your association with Hawthorn-Melbourne during the matters set out in paragraphs (a)–(c) above, or which You may suffer as a result of participation in Recreational Activities; and
c. indemnifies each of them against any loss, damage, death, injury or liability which You may suffer or cause in connection with or as a result of Your actions or failure to take reasonable care during Your association with Hawthorn-Melbourne during the matters set out in paragraphs (a)–(c) above, or as a result of Your participation in Recreational Activities

These terms and conditions, and the right to make complaints and seek appeals of decisions and action under various processes, do not affect Your rights to take action under the Australian Consumer Law if the Australian Consumer Law applies.

These terms and conditions are governed in all respects by and interpreted in accordance with the laws of the state in which the centre You attend is located in the Commonwealth of Australia.

Privacy

Hawthorn-Melbourne and its parent company Navitas Pty Limited manages the security of Your privacy. As outlined in our Privacy Notice, the information You provide us will allow us to assess Your application and provide You with an outcome.

We will also be able to provide You with the information about the course You have applied for; Hawthorn-Melbourne; Your further studies provider and our local community. It is really important that You read and understand the Privacy Notice. If You have questions about the Privacy Notice please email: privacy@navitas.com and ask Your question.

In addition, with Your consent, information collected on Your Application form and during Your enrolment, which may include Your academic results and attendance record, may be provided to Your further studies education provider, Your sponsor or Your education agent.

Other terms

• Entry to all Courses is subject to Your placement test, together with consideration of any IELTS, TOEFL , PTE or equivalent test result.
• Before accepting an Offer of a course, You must read these Conditions of Enrolment, sign the acceptance form found with the Letter of Offer and return it to Hawthorn-Melbourne with payment for the course.
• Payment must not be made to Hawthorn-Melbourne prior to You returning the signed acceptance form which is included with Your letter of offer.
• Hawthorn-Melbourne retains records of all written agreements as well as receipts of payments made by You, or on Your behalf, under the written agreement, for at least 2 years after You have completed studies.
• It is a condition of Your enrolment at Hawthorn-Melbourne that You comply with all Hawthorn-Melbourne regulations and policies as notified to You by Hawthorn-Melbourne.
• It is a condition of your enrolment that if you have a disability, condition or illness that may affect your ability to study that this is disclosed to Hawthorn-Melbourne at the earliest opportunity.  Hawthorn-Melbourne will seek to make reasonable adjustments to allow you to learn effectively, to the extent that this does not cause undue hardship to Hawthorn-Melbourne.  Failure to disclose a disability, condition or illness that affects your ability to progress academically may result in the cancellation of your enrolment.  Further information can be found in the Supporting Students with Special Needs Policy and Procedure for Students.
• Hawthorn-Melbourne may, by notice to You in writing, which notice may be given on the Hawthorn-Melbourne website, vary these terms and conditions or any Hawthorn-Melbourne regulations or policies. A variation takes effect on the day specified in a notice.
• Hawthorn-Melbourne reserves the right to change start dates (with Your agreement), Course curricula, Course timetables and any programs at any time.
• All prices are stated in Australian Dollars (AU$) and subject to change without notice.
• Hawthorn-Melbourne will use its best endeavours to advise You of any eligible refunds. Any refunds will be forfeited if not claimed within 12 months of the date You complete, cancel or withdraw from the course.
• Hawthorn-Melbourne is closed on official public holidays and other dates listed at hawthornenglish.edu.au/course-calendar
• 10 percent Goods and Services Tax (GST) applies to Airport Transfer, and Accommodation Placement Fees.
• You authorise Hawthorn-Melbourne to access the Visa Entitlement Verification Online (VEVO) system to check Your visa details.

Complaints and appeals

Hawthorn-Melbourne has a process to address complaints and appeals, as detailed in the Complaints and Appeals Policy and Procedure. You can follow this process if You are not satisfied with:

• a decision by Hawthorn-Melbourne that affects You;
• a service (teaching or support);
• a facility at Hawthorn-Melbourne;
• a registered Hawthorn-Melbourne education agent or,
• any Hawthorn-Melbourne related parties providing a service.

Step 1:

Informal Discussion

If You are not satisfied with one of the above, You can contact a Hawthorn-Melbourne staff member (in person or by email). Every effort will be made to assist You and resolve the situation. You can come with a support person (someone to help You) if necessary.

Step 2:

(a) Internal Complaints

Complaints can be submitted as follows:

1. Fill out the Complaints Form available online or collect the form from Reception.
2. Submit the form in hard copy, or by email to ComplaintsandAppeals@hawthornenglish.vic.edu.au
3. A written outcome will be provided to You within 10 working days of Hawthorn-Melbourne receiving Your complaint and will include the reasons for the outcome.
4. If You are not satisfied with the outcome provided to you by Hawthorn-Melbourne, You can submit an Internal Appeal.

(b) Internal Appeals

You can appeal for reasons like dissatisfaction with a complaint outcome, course progress issues, attendance, fee payment, or behaviour. You have up to 20 working days to submit an internal appeal as follows:

1. Fill out the Appeals form available online or collect the form from Reception.
2. Submit the form in hard copy, or by email to ComplaintsandAppeals@hawthornenglish.vic.edu.au
3. A written outcome will be provided to You within 10 working days of Hawthorn-Melbourne receiving Your appeal and will include the reasons for the outcome.
4. If You make an Internal Appeal about a Hawthorn-Melbourne decision to report You for deferral, suspension or cancellation of enrolment, Hawthorn-Melbourne will not report You until the Internal Appeal is complete.
5. If You are not satisfied with the outcome provided to You by Hawthorn-Melbourne, You can submit an External Appeal to an independent body.

Step 3: External Appeal.

If You are not happy with the outcome of the Internal Appeal, You can make an External Appeal. For those on student visas, this is handled through the Overseas Students Ombudsman and is free of charge https://www.ombudsman.gov.au/ or, You can call 1300 362 072. You should let Hawthorn-Melbourne know if You are choosing to submit an external appeal.

For matters of appeal that are unable to be assessed by the Overseas Students Ombudsman, Hawthorn-Melbourne agrees to advise You of an appropriate independent person or organisation to assist You in finding a resolution to Your complaint.

More information on Complaints and Appeals can be found at: Hawthorn-Melbourne Complaints and Appeals Process for Overseas Students

Your entitlements if Hawthorn-Melbourne cannot deliver Your course and the Tuition Protection Service (TPS)

Australia has a well-established international education sector and for many years has been a world leader in protecting the tuition fees of international students studying on a student visa. The Tuition Protection Service (TPS) is an initiative of the Australian Government to assist international students whose education providers are unable to fully deliver their course of study. The TPS ensures that international students are able to either:

• complete their studies in another course or with another education institution, or
• receive a refund of their unspent tuition fees.

In the unlikely event Hawthorn-Melbourne is unable to deliver a course You have paid and does not meet its obligations to either offer You an alternative course that You accept, or, pay You a refund of Your unspent prepaid tuition fees, the TPS will assist You in finding an alternative course or to get a refund of the amount if a suitable alternative is not found.

For more information on the TPS, visit www.tps.gov.au or TPS – Student Information or, contact the TPS as follows:

• email: support@tps.gov.au
• within Australia: 1300 131 798
• outside Australia: +61 1300 131 798

Except as otherwise required by law, this clause sets out Your full entitlements should Hawthorn-Melbourne be unable to deliver Your Course or part of Your Course.

Contact – All requests for refunds, deferrals or transfers

All requests for refunds, deferrals or transfers must be made in writing to the Manager Admissions:

• admissions@hawthornenglish.vic.edu.au or
• Hawthorn-Melbourne, Level 1, 333 Exhibition St, Melbourne VIC 3000 Australia

Supporting documents as specified by Hawthorn-Melbourne must be included with the request. If You are under 18, the written request must be made by the parent or legal guardian who signed Your original enrolment form. Hawthorn-Melbourne will:

• Notify You in writing of the outcome of the request within 10 working days and where necessary, give reasons for the outcome.
• Notify the Department of Home Affairs of any change to Your study plan for which a student visa has been granted.

A refund, transfer, deferral, suspension or cancellation of Your Course may affect Your student visa. The Department of Home Affairs will assess Your situation individually in accordance with the student visa policies. You are advised to seek advice from the Department of Home Affairs before making any changes to Your Course.

For more information visit www.homeaffairs.gov.au or phone 131881.
Department of Home Affairs – Contacts

Updated: 24 September 2024