Policy & Procedure

1. Nature of complaints and appeals

  • TKL College responds to all allegations involving the conduct of:
    • The RTO, its trainers, and assessors, and other staff.
    • Any third-party providing Services on behalf of TKL College and including education agents.
    • Any student or client of TKL College.
  • Complaints may be made in relation to any of TKL College services and activities such as:
    • the application and enrolment process
    • marketing information the quality of training and assessment provided training and assessment matters, including student progress, student support, and assessment requirements
    • the way someone has been treated
    • the actions of another student
  • An appeal is a request for a decision made by TKL College to be reviewed. Decisions may have been about:
    • course admissions
    • refund assessments
    • response to a complaint
    • assessment outcomes/results
    • other general decisions made by TKL College

2. Principles of resolution

  • TKL College is committed to developing a procedurally fair complaints and appeals process that is carried out free from bias, following the principles of natural justice. Through this policy and procedure, TKL College ensures that complaints and appeals:
    • Are responded to in a professional, consistent, and transparent manner.
    • Are responded to promptly, fairly, objectively, with sensitivity and confidentiality.
    • Are able to be made at no cost to the individual.
    • Are used as an opportunity to identify potential causes of the complaint or appeal and take actions to prevent the issues from recurring as well as identifying any areas for improvement.
  • TKL College will inform all persons or parties involved in any allegations made as well as providing them with an opportunity to present their side of the matter.
  • There are no charges for students to submit, a complaint or appeal to TKL College, or to seek information or advice about doing so.
  • Nothing in this policy and procedure limits the rights of an individual to take action under Australia’s Consumer Protection laws and it does not circumscribe an individual’s rights to pursue other legal remedies.

3. Making a complaint of appeal

  • Complaints about a particular incident should be made as soon as possible after the incident occurring and appeals must be made within thirty (30) calendar days of the original decision being made
  • Complaints and appeals should be made in writing using the Complaints and Appeals Form, or other written format and sent to TKL College head office attention of the Chief Executive Officer. When making a complaint or appeal, provide as much information as possible to enable TKL College to investigate and determine an appropriate solution. This should include:
    • The issue you are complaining about or the decision you are appealing – describe what
      happened and how it affected you.
    • Any evidence you have to support your complaint or appeal.
    • Details about the steps you have already taken to resolve the issue.
    • Suggestions about how the matter might be resolved.

4. Timeframes for resolution

  • The complaint or appeal will be acknowledged in writing within 3 business days.
  • The complaints and appeals process will commence within 10 business days of receipt of the application. Complaints and appeals will be finalised as soon as practicable or at least within 30 calendar days unless there is a significant reason for the matter to take longer.
  • In matters where additional time is needed, the complainant or appellant will be advised in writing of the reasons and will be updated weekly on the progress of the matter until such a time that the matter is resolved.

5. Resolution of complaints and appeals

  • Some or all members of the management team of TKL College will be involved in resolving complaints and appeals as outlined in the procedures.
  • Where a complaint or appeal involves another individual or organisation, they will be given the opportunity to respond to any allegations made.
  • Where a third-party delivering Services on behalf of the RTO is involved, they will also be included in the process of resolving the complaint or appeal.
  • Each party involved in the complaint or appeal may have a support person of their choice present at meetings scheduled to resolve the issue.
  • In the case of an assessment appeal, an assessor who is independent of the original decision will assess the original task again. The outcome of this assessment will be the result granted for the assessment task. The complainant or appellant will be advised in writing of the outcome of the process and the reasons for the findings made.
  • The enrolment status of the student will be handled as follows:
    • For international students, TKL College will maintain a student’s enrolment throughout the internal appeals processes without notifying DET via PRISMS of a change in enrolment status. In the case of an external appeals process it will depend on the type of appeal as to whether TKL College maintains the student’s enrolment as follows:
      • If the appeal is against TKL College’s decision to report the student for unsatisfactory course progress or attendance, the student’s enrolment will be maintained until the external process is completed and has supported or not supported TKL College’s decision to report.
      • If the appeal is against TKL College decision to defer, suspend or cancel a student’s enrolment due to misbehaviour, TKL College will notify DET via PRISMS of a change
        to the student’s enrolment after the outcome of the internal appeals process

6. Independent Parties

  • TKL College acknowledges the need for an appropriate independent party to be appointed to review a matter where this is requested by the complainant or appellant and the internal processes have failed to resolve the matter. Costs associated with independent parties to review a matter must be covered by the complainant/appellant unless the decision to include an independent party was made by TKL College.
    • For international students, the independent party is the Overseas Students Ombudsman. This service is free of charge. Where an international student is not satisfied with the outcome or conduct of the internal process, they are referred to
      the Overseas Students Ombudsman (OSO). See information under external complaint avenues.
    • TKL College will provide complete cooperation with the external mediator investigating the complaint/appeal and will be bound by the recommendations arising out of this process.
    • The CEO will ensure that any recommendations made are implemented within twenty (20) days of being notified of the recommendations. The complainant or appellant will also be formally notified in writing of the outcome of the mediation, and any recommendations being actioned by TKL College.

    7. External complaint avenue

    • Complaints can also be made via the following avenues:
    • National Training Complaints Hotline:
      The National Training Complaints Hotline is a national service for consumers to register complaints concerning vocational education and training. The service refers consumers to the appropriate agency/authority/jurisdiction to assist with their complaints. Consumers can register a complaint with the National Training Complaints Hotline by:
      Phone: 13 38 73, Monday–Friday, 8am to 6pm nationally.
      Email: ntch@education.gov.au
    • Australian Skills Quality Authority (ASQA):
      Complainants may also complain to TKL College registering body, Australian Skills Quality Authority (ASQA). However, it should be noted that ASQA is not a consumer protection agency and cannot act as an advocate for individual students. Please refer to the relevant webpage below before making a complaint to ASQA: https://www.asqa.gov.au/complaints
    • The Overseas Student Ombudsman (OSO)
      International students may complain to the OSO if their complaint is in relation to TKL College: – refusing admission to a course
      – course fees and refunds
      – course or provider transfers
      – course progress or attendance
      – cancellation of enrolment – accommodation or work arranged by your provider
      – incorrect advice given by an education agent.
      – if you believe we have failed to take action or are taking too long to take some action. This might include (for example), failing to provide your results in the normal timeframe, or failing to provide services included in your written agreement with TKL College.

    The OSO may not be able to investigate your complaint if you have not already exhausted our formal internal complaints process as above.
    Please refer to the following website if you are considering making a complaint: http://www.ombudsman.gov.au/making-a-complaint/overseas-students#quality-of-education- provider

    8. Records of complaints and appeals
    TKL College will maintain a record of all complaints and appeals and their outcomes and reasons for
    the outcomes on the Complaints and Appeals Register, which will be securely stored

DEFERRAL, SUSPENSION, AND CANCELLATION

1. Deferral and suspension of studies

  • Requests from students for deferral and suspension of studies will only be granted in compassionate or compelling circumstances which are generally those beyond the control of the student and which have an impact upon the student’s course progress or wellbeing. These could include, but are not limited to:
    – serious illness or injury, where a medical certificate states that the student was unable to attend classes
    – bereavement of close family members such as parents or grandparents (Where possible a death certificate should be provided)
    – major political upheaval or natural disaster in the home country requiring emergency travel and this has impacted on the student’s studies
    – a traumatic experience that has impacted the student which could include involvement in or witnessing a serious accident or witnessing or being the victim of a serious crime. Such cases supported by police or psychologists’ reports
    – where TKL College is unable to offer a pre-requisite unit
    – the inability to begin studying on the course commencement date due to delay in receiving a student visa

These circumstances are an example of what may be considered compassionate or compelling circumstances; however, each case will be assessed on its individual merits.

  • When determining whether compassionate or compelling circumstances exist, TKL College considers documentary evidence provided to support the claim, and stores copies of these documents in the student’s file. The student support officer will notify the student by email of the outcome of the application.
  • A retrospective deferment or suspension may be justified if the student was unable to contact TKL College because of a circumstance such as being involved in a car accident.
  • Where a student-initiated deferral or suspension of enrolment is granted, TKL College will suspend an enrolment for an agreed period of time – to a maximum of 12 months. If the deferral is required for longer than 12 months, the student’s application will be re-assessed. If the suspension period has expired and the student does not return, the student’s enrolment will be cancelled.

2. Provider initiated suspension or cancellation

  • TKL College may suspend or cancel a student’s enrolment including, but not limited to, on the basis of:
    – misbehaviour by the student (including plagiarism, collusion, and cheating)
    – the student’s failure to pay tuition fee on the due date
    – a breach of course progress or attendance requirements by the overseas student, which will occur in accordance with Standard 8 (Overseas student visa requirements) and as specified in TKL College’s Course Progress Policy and Procedures.
  • Standards of behavior required are outlined in the International Student Handbook.
  • Where TKL Colleges suspends or cancels a student’s enrolment, before imposing a suspension or cancellation TKL College will inform the student in writing of that intention and the reasons for doing so and advise the overseas student of their right
    to appeal through the provider’s internal complaints and appeals process, in accordance with Standard 10 (Complaints and appeals), within 20 working days.
  • Under no circumstances will the suspension or cancellation of the overseas student’s enrolment under Standard 9.3 take effect until the internal appeals process is completed, unless the overseas student’s health or wellbeing, or the wellbeing of others, is likely to be at risk.

Student-Initiated Cancellation of Studies

  • Students who wish to withdraw within six months of their course to transfer to another provider will be processed as per TKL College Course Transfer Policy and Procedure. Students may initiate the cancellation of their studies at any time during their course.

3. Visa status

  • When there is any deferral, suspension, or cancellation action taken under this standard, TKL College will inform the student of the need to seek advice from DHA on the potential impact on their student visa, as well as report the change to the
    overseas student’s enrolment under section 19 of the ESOS Act i.e. notification via PRISMS.
  • Students are referred to the DHA website at https://www.homeaffairs.gov.au/ or Helpline (131 881) for information and their local DHA office for advice on how the potential change to enrolment status may impact upon his or her visa.

4. Complaints and appeals

  • Where a student accesses the Complaints and Appeals process, TKL College will not notify DET via PRISMS until the internal appeals process is complete unless the student’s health or wellbeing, or the wellbeing of others, is likely to be at risk. Where
    the student chooses to access an external appeals process, DET will still be notified via PRISMS.

5. Records

  • All records relating to deferrals, suspensions, and cancellations will be kept on the student’s file. This will include all decisions made.

Refunds
Please carefully read the following information about refunds. This applies whether you paid the fees or an education agent paid the fees and non-tuition fees on your behalf. All application fees are non-refundable except where we cancel a course before it has started.

If we cancel a course either before or after it starts, you will receive an automatic refund and do not need to complete the Refund Application Form. The refund will be provided within 10 working days of the default.

In all other circumstances, you should complete and submit a Refund Application Form which can be accessed from our office. This form must be submitted within 10 working days of the event that led to the request for the refund. The outcome of the refund assessment will be forwarded to you within 20 working days, as well as any applicable refund.

Refunds will be paid to you or to the person or organisation of your nomination if you are 18 or over and will be paid in Australian Dollars.

The refund policy does not remove your right to take further action under Australian Consumer Law.

International student refunds
In addition to the above circumstances, refunds apply as follows:

Refund policy

CircumstanceRefund due
The student withdraws 10 weeks prior to course commencement.Spent tution fee will not be refunded. The spent tution fee will be calculated on Term basis.
Student withdraws after the commencement of the course.
Student visa was cancelled due to breaches of a visa condition.
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