• Section 1 - Purpose and Scope
• Section 2 - Policy
• Part A - Legislative requirements
• Part B - Application and assessment process
• Transferring to UNE from another provider
• Transferring from UNE to another provider
• Transferring between UNE teaching locations
• Underage students
• Part C - Outcomes and appeals
• Successful Applications
• Refusal of a Request to Transfer
• Appeals
• Part D - Records 
• Records Management
• Part E - Responsibilities
• Section 3 -  Authority and Compliance
• Section 4 - Quality Assurance

Section 1 - Purpose and Scope

(1) This Policy provides a framework for the consideration and assessment of an international student holding a request to transfer between registered providers or locations prior to completing six (6) months of the principal course of study by:

1. stating the process and requirements for international students requesting permission to transfer to or from another registered provider before completing six (6) months in their principal course,
2. outlining the circumstances in which UNE will and will not approve a release for international students, granting them permission to transfer providers, and
3. ensuring release requests are processed in compliance with legislative requirements, including the Education Services for Overseas Students (ESOS)  and Standard 7 of the National Code of Practice for Providers of Education and Training to Overseas Student (2018).
    

(2) This Policy applies to international students who are studying in Australia on a student visa and have not yet completed the first six (6) months of their principal course, and are applying for:

1. admission to study at UNE (or one of its partner providers, including the English Language Centre) before completing six (6) months of their principal course with their current registered provider, or
2. An official release from UNE granting them permission to transfer to another registered provide before completing the first six (6) months of their principal course at UNE (or one of its partner providers, including the English Language Centre).
    

(3) Within this Policy:

1. Part A – states the Legislative requirements of this Policy;
2. Part B – outlines the application and assessment process;
3. Part C – states the process for appeals;
4. Part D – summarises the record keeping requirements; and
5. Part E – outlines the roles and responsibilities.

Section 2 - Policy

Part A - Legislative requirements

(4) Under the Education Services for Overseas Students Act (ESOS) and the National Code, international students studying in Australia on a student visa may not transfer to another education provider within the first six (6) months (restricted period) except where any of the following conditions apply:

1. the original provider, or the course in which the student is enrolled, has ceased to be registered;
2. the original provider has had a sanction imposed on its registration by the ESOS Agency that prevents the student from continuing his or her course at that registered provider;
3. the original provider has agreed to the student's release, has and recorded the date of effect and reason for release in the Provider Registration and International Student Management System (PRISMS); or
4. the student has a government sponsor and the sponsor has provided written support for the change of provider.

(5) The principal course of study is the highest qualification covered by a student's visa.

(6) A student has the right to transfer after they have completed six (6) calendar months of their principal course. After completing six (6) months or their principal course they may change provider without needing to apply for a release from their current provider.

(7) Register providers must record and assess all requests from international students seeking to transfer providers prior to completing six (6) months of their principal course, and provide a written response to the student explaining the application outcome, and includes advice to contact the Department of Home Affairs for information on how the requested change may affect their student visa.

(8) UNE must retain records of all transfer requests and outcomes for at least two (2) years after the student ceases to be enrolled, in accordance with ESOS legislation, State Records Act 1998 (NSW) and any other relevant requirements, whichever is longer. Records are confidential, and managed in accordance with the UNE Privacy Management Rule and Records Management Rule.

Part B - Application and assessment process

Transferring to UNE from another provider

(9) UNE must not actively recruit or knowingly enrol an international student from another registered provider within the restricted period, except where the applicant meets a condition in clause 4(a-d).

(10) Applications for admission will be received and registered under the direction of the International Admissions Manager. Where an applicant has not completed the first six (6) months of their principal course with another registered provider, the application will be assessed against UNE’s standard admission criteria and any course specific entry requirement. They will not, however, be eligible to enrol in study at UNE without being granted a release from their current provider.

(11) If the applicant is deemed eligible for admission, an offer of admission will be issued. The applicant may submit the offer to their current provider as part of their application for release. The student will be advised to contact the Department of Home Affairs for information about how this proposed change may affect their student visa.

(12) If the student is granted a release from their current provider, they will be eligible to enrol at UNE, once the registered provider records the release outcome in the Provider Registration and International Student Management System (PRISMS) and cancels their previous confirmation of enrolment (CoE).

(13) Upon receiving a signed acceptance of offer from the applicant the International Admissions Manager will arrange for the student's details to be entered into the PRISMS to create a new CoE.

Transferring from UNE to another provider

(14) Where a student requests a transfer from their UNE principal course within the restricted period for reasons other than those listed under clause 4 (a, b and d) above, they must complete the Request to Transfer Between Registered Providers Form and provide:

1. a written explanation, supported by appropriate evidence, of the reason/s for the transfer (which may include compassionate or compelling circumstances); and
2. a valid letter of offer from another registered provider:
   1. if the student is under eighteen (18) years of age, written confirmation that the student's parent or legal guardian supports the transfer; and
3. if the student is on a scholarship, written advice from the sponsoring organisation approving the transfer.

(15) The request for transfer will be considered by the International Services Manager, who may also seek comment from the Director, International Strategy, and will inform the student and the Director, International Strategy of the outcome, in writing, within ten (10) working days of receiving the request.

(16) Requests to transfer from UNE to another registered provider for reasons other than those listed under clauses 4(a,b and d) of this Policy will take into consideration Genuine Temporary Entrant requirements and may be granted where the transfer is in the student's best interests. This includes, but is not limited to, where UNE has assessed that any of the following apply:

1. the student will be reported to the Department of Home Affairs as they are unable to achieve satisfactory course progress at the level they are studying after engaging with UNE’s intervention strategy;
2. there is evidence of compassionate or compelling circumstances; or
3. UNE has failed to deliver the course as outlined in the written agreement; or
4. there is evidence that the student's reasonable expectations of their current course are not being met; or
5. there is evidence that the student was misled by UNE or an education or migration agent regarding the University and/or its course and the course is therefore unsuitable to their needs and/or study objectives; and/or
6. an internal or external appeal on another matter results in a decision or recommendation to release the student.

(17) A release constitutes:

1. a covering letter outlining the reasons why the release was granted, notes the registered provider to which the student has been released and advised the student to contact the Department of Home Affairs to seek advice on whether a new visa is required; and
2. is recorded with the date of effect and reason for release in the PRISMS.

Transferring between UNE teaching locations

(18) A UNE student requesting a transfer between teaching locations, must complete the Transfer Between Teaching Locations Form and submit it to the International Admissions Manager and the International Services Manager for assessment and action.

(19) The International Admissions Manager will assess requests to transfer between UNE teaching locations when the student has completed at least one teaching period and presents a case establishing compassionate or compelling circumstances. Consideration will be given to advice received from a government sponsor of the student.

(20) If the student is transferring to a different course, the International Admissions Manager will assess if the student meets the admission requirements of the new course, and the transfer is in the student's best interests. The International Admissions Manager will provide written notification of the outcome to the student and the Partner within ten (10) working days of receiving the request.

Underage students

(21) If the student is under eighteen (18) years of age:

1. the registered provider must have written confirmation that the student's parent or legal guardian supports the transfer; and
2. where the overseas student is not being cared for in Australia by a parent or suitable nominated relative, the receiveing provider must confirm it accepts responsibility for approving the students accommodation, support and general welfare arrangements in accordance with Standard 5 of the Education Services for Overseas Students (ESOS) National Code of Practice for Providers of Education and Training to Overseas Students 2018.

Part C - Outcomes and appeals

Successful Applications

(22) Successful applicants may apply for a refund of tuition fees in the terms of their original letter of offer and will not be charged a fee for the transfer (release). 

(23) If a release is granted, UNE International will withdraw the student from their current units and course. The International Services Manager, or delegate, will cancel all UNE CoEs via the PRISMS.

Refusal of a Request to Transfer

(24) A request to transfer may be refused if:

1. the International Services Manager determines that the request does not meet any of the requirements in clauses 16(a-f); and/or
2. the student has not provided a valid offer of enrollment from another registered provider; and/or
3. the request for release conflicts with a requirement of the student's visa.

(25) If a request to transfer is denied, the student will be provided with written notification of the decision including:

1. an explanation of the reason/s for refusal;
2. the student's right to appeal the decision; and
3. that the University will not finalise the refusal to transfer until:
   1. the appeal finds in favour of the Registered Provider and upholds the University's decision not to release the student; or
   2. the student does not access the appeals process within twenty (20) working days of being notified of the decision; or
   3. the student withdraws the appeal against the refusal.

Appeals

(26) Students may appeal a request to transfer decision providing the following conditions are met:

1. there are circumstances that have arisen since the student lodged their original application that now make the student eligible for a release;
2. the student presents a case demonstrating that relevant University rules, policies or procedures were not applied correctly. 

(27) Appeals must be submitted in writing, to dir-international@une.edu.au, within twenty (20) working days of notification of the decision and addressed to the Director, International Strategy.

(28) The Director, International Strategy will review the case and provide the appellant with the outcome of their appeal (including reasons for the decision) in writing within ten (10) working days of receipt of the appeal. If it is not possible to respond to the student within ten (10) working days an explanation should be provided within this period. The decision of the Director, International Strategy is final.

(29) The appellant must be advised that they can lodge a complaint with the NSW Ombudsman .

Part D - Records 

Records Management

(30) Electronic records of the application, assessment and decisions regarding an application to transfer providers or locations are to be retained in accodance with the Records Management Rule.

Part E - Responsibilities

(31) Table 1: Summary of Compliance Roles and Responsibilities

Section 3 -  Authority and Compliance

(32) The Vice-Chancellor and Chief Executive Officer (VC&CEO) makes this policy in accordance with the the Vice-Chancellor Functions Rule.

(33) UNE Representatives, prospective students and students must observe this Policy. UNE International can provide guidance to UNE Representatives on matters covered by this Policy.

(34) The Policy Steward, the Director, International Strategy is authorised to make procedures and processes for the effective implementation and operation of this Policy, and to publish as associated documents any tool that will assist with compliance.

(35) This Policy operates as and from the Effective Date.

(36) Previous Policy for International Student (Student Visa Holders) transfers and related documents are replaced and have no further operation from the Effective Date of this new Policy.

Section 4 - Quality Assurance

(37) The Director, International Strategy will regularly monitor and report to the VC&CEO on the operation and effectiveness of this Policy.