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© © All Rights Reserved
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INTERNATIONAL STUDENT FEE REFUND

POLICY 2017
The Deputy Vice-Chancellor (Registrar) as delegate of the Senate of the University of
Sydney, adopts the following policy.

Dated: 17 February 2017

Last amended: 23 February 2021 (administrative amendment)

8 October 2021 (administrative amendment)

11 May 2023 (administrative amendment)

Signature:

Name: Professor Tyrone Carlin

Current policy approver: Deputy Vice-Chancellor (Education)

_____________________________________________________________________

CONTENTS
1 Name of policy....................................................................................................................... 1
2 Commencement .................................................................................................................... 1
3 Policy is binding..................................................................................................................... 2
4 Statement of intent ................................................................................................................ 2
5 Application ............................................................................................................................. 2
6 Definitions.............................................................................................................................. 2
7 All refunds ............................................................................................................................. 4
8 Refunds when a student withdraws, suspends or defers, and provides notice...................... 5
9 Refunds when a student defaults due to visa refusal ............................................................ 6
10 Refunds when a student defaults for other reasons .............................................................. 6
11 Refunds when a student defaults but there is no written agreement with the University ....... 7
12 Refunds when the University defaults ................................................................................... 7
13 Refunds after change of residency status ............................................................................. 8
14 Student services and amenities fees ..................................................................................... 9
15 Overseas health cover fees ................................................................................................... 9
16 Complaints and appeals ........................................................................................................ 9
17 Rescissions and replacements ............................................................................................ 10
SCHEDULE 1 - Summary Table ................................................................................................. 11

1 Name of policy
This is the International Student Fee Refund Policy 2017.

2 Commencement
This policy commences on 1 March 2017.
3 Policy is binding
Except to the extent that a contrary intention is expressed, this policy binds the
University, staff, students and affiliates.

4 Statement of intent
This policy:

(a) sets out the circumstances in which the University will refund tuition fees and
other course related money paid by, or on behalf of, international students;
(b) meets the requirements of Part D, Standard 3 of the National Code of
Practice for Registration Authorities and Providers of Education and Training
to Overseas Students.

5 Application
(1) This policy applies to:
(a) all commencing international students, regardless of whether a third party
has paid the relevant amounts to the University;
(b) all continuing international students, regardless of whether a third party has
paid the relevant amounts to the University provided that, to the extent that
applying this policy would place the student in a less advantageous position
than the policy which applied at the time the student first enrolled, the prior
policy will apply instead.
(2) This policy does not apply to students in receipt of any of the following forms of
United States government student aid:
(a) Federal Stafford Direct Loan – Unsubsidised;
(b) Federal Stafford Direct Loan – Subsidised;
(c) Federal PLUS Direct Loan.
Note: See US Federal Student Aid – Return of Title IV Funds Policy 2014

6 Definitions
census date means the last date before which a student may withdraw from a
subject or course before incurring a fee liability.

course fees means the sum of the tuition fees and non-tuition fees received
by the University in respect of a particular student. They may
relate to past, current or future teaching or research periods.

International Student Fee Refund Policy 2017 Page 2 of 16


current teaching means, as appropriate:
or research period
• a teaching or research period which is in progress; or

• the next teaching or research period scheduled to


commence.

Note: See Coursework Policy 2021 and University of Sydney (Higher


Degree by Research) Rule 2011 for further detail of teaching
and research periods.

delegate means an employee, member or Committee of Senate or any


other person or authority to whom or to which a delegation has
been made by Senate.

ESOS Framework means:

• the Educational Services for Overseas Students Act 2000


(Cth) as amended by the Education Services for Overseas
Students Amendment Act 2014 (Cth);
• the Education Services for Overseas Students Regulations
2001;
• the Education Services for Overseas Students (Registration
Charges) Act 1997
• the National Code of Practice for Registration Authorities
and Providers of Education and Training to Overseas
Students; and
• related regulations, legislative instruments and standards.

international means an enrolled or intending student who holds a temporary


student visa with study rights and is not:

• an Australian or New Zealand citizen (whether solely or as a


dual citizen with another country);
• a permanent resident of Australia; or
• a holder of a permanent humanitarian visa.

For the purposes of this policy, this term also includes non-
award students where relevant, even though they are not
admitted to candidature in an award course.

providing includes any of:


fraudulent
information • making a material misrepresentation, or another person
doing so on the applicant’s behalf, in applying for admission
to a course;
• failing to disclose to the University a fact or circumstance
material to the University’s decision to admit an applicant;
• obtaining admission on the basis of a degree, diploma or
certificate obtained wholly or partly by fraud, academic
misconduct or other dishonesty

International Student Fee Refund Policy 2017 Page 3 of 16


tuition fees means fees which are directly related to the provision of a
course that the University is providing or offering to provide to a
student. Tuition fees do not include costs such as:

• overseas student health cover;


• student services and amenities fees;
• incidental or other costs that may be required as part of a
student’s enrolment;
• agents’ recruitment fees which are paid by the University
from tuition fees; or
• application fees.

weekly tuition fee has the meaning given in the Education Services for Overseas
Students (Calculation of Refund) Specification 2014 (Cth). As at
the date of this policy, this is:

total tuition fees for the course ÷ number of calendar days


in the course

weeks in default has the meaning given in the Education Services for Overseas
period Students (Calculation of Refund) Specification 2014 (Cth). As at
the date of this policy, this is:

the number of calendar days from the default day to the


end of the period to which the payment relates ÷ 7.

7 All refunds
(1) Refund entitlements will be calculated in accordance with the ESOS Framework.
(2) When a student fails to commence or does not continue with a course, the
University:
(a) will refund all or part of amounts paid on account of current teaching or
research periods, as specified in this policy; and
(b) will refund all amounts paid on account of future teaching or research
periods in full, including deposits required to be paid against future tuition
fees for particular courses; but
(c) will not refund any amount paid on account of past teaching or research
periods.
(3) In exceptional circumstances, the relevant delegate may approve a refund in
excess of the amount otherwise payable under this policy.
(a) Such exceptional circumstances must be:
(i) beyond the student’s control; and
(ii) prevent the student completing the current teaching or research
period.
(b) In determining any refund under this subclause the relevant delegate must
consider the date on which the exceptional circumstances arose.
(4) Refunds will only be paid after cleared funds are received in the University bank
account.

International Student Fee Refund Policy 2017 Page 4 of 16


(5) Outstanding debts owed by the student to the University will be deducted from any
refund prior to payment.
(6) If payments have been made by credit card, any applicable credit card surcharge
will be refunded.
(7) Unless paid to another Australian educational institution, refunds will be paid:
(a) to the person or entity from whom the original payment was received;
(b) in the same currency in which the original payment was received; and
(c) wherever possible, to the account from which, and using the mechanism by
which, the original payment was received.
(8) Students must complete and submit a refund application through the online student
portal when seeking refunds under the following clauses:
(a) clause 8;
(b) clause 10;
(c) clause 13.
(9) All refund payments will be accompanied by a statement setting out any amounts
that have been deducted from the refund.
(10) Time periods specified in this policy for payment of refunds do not apply when the
student in question is aged under 18 years. Refunds in such cases will be paid
within 14 calendar days of the University being informed of the relevant event, or
receiving the application (as appropriate).
(11) Refund entitlements provided for in this policy are summarised in the table in
Schedule 1.

8 Refunds when a student withdraws, suspends or defers, and


provides notice
(1) If a student withdraws, suspends or defers before the current teaching or
research period commences, the student may elect to have:
(a) a refund of 90% of the tuition fees paid for the current teaching or research
period; or
(b) a credit for their next fee instalment equivalent to 100% of the tuition fees for
the current teaching or research period.
(2) If a student withdraws or suspends after commencement but before the
census date in the current teaching or research period, the student may elect
to have:
(a) a refund of 50% of the tuition fees paid for the current teaching or research
period; or
(b) a credit for their next fee instalment equivalent to 100% of the tuition fees for
the current teaching or research period.
(3) If a student withdraws or suspends after the census date in the current
teaching or research period, the University will not provide a refund.
(4) If a higher degree by research student submits their thesis prior to the
census date in the current research period, the University will refund 100% of
the course fees for the current research period.

International Student Fee Refund Policy 2017 Page 5 of 16


(5) Applications are required for refunds under this clause, which will be paid within 15
working days of receipt of the relevant application.

9 Refunds when a student defaults due to visa refusal


(1) If a student is refused a visa with appropriate study rights and:
(a) is unable to commence the course, the University will refund the amount of
the course fees, minus the lesser of:
(i) 5% of the amount of the course fees received in respect of the student
before the default day; or
(ii) $500;
or
(b) is unable to continue the course after commencement, the University will
refund all unspent tuition fees, calculated as follows:
refund amount = weekly tuition fee × weeks in default period.

(2) Applications are not required for refunds under this clause, which will be paid within
20 working days of the day on which the University refuses to provide, or continue
providing, the course to the student.

10 Refunds when a student defaults for other reasons


(1) If a student fails to complete enrolment and commence on the agreed starting
date without having withdrawn or deferred, the student may elect to have:
(a) a refund of 75% of the tuition fees paid for the current teaching or research
period; or
(b) a credit for their next fee instalment equivalent to 75% of the tuition fees paid
for the current teaching or research period.
(2) If a student is not permitted to commence or continue because of failure to
pay an amount owing to the University in order to undertake the course, the
University will not refund any tuition fees for the current teaching or research period
(unless suspension or termination occurs and the student withdraws before the
relevant census date, in which case Clause 8 will apply).
(3) If a student has breached a visa condition, with the result that the University
refuses to provide, or continue to provide, a course, the University will not refund
any tuition fees paid for the current teaching or research period (unless suspension
or termination occurs and the student withdraws before the relevant census date,
in which case Clause 8 will apply).
(4) If a student has had their enrolment suspended or terminated for misconduct
or breach of the University’s student discipline or academic integrity rules, policies
or procedures, the University will not refund any tuition fees paid for the current
teaching or research period (unless suspension or termination occurs and the
student withdraws before the relevant census date, in which case Clause 8 will
apply).
(5) If a student has provided fraudulent information in their application with the
result that the University withdraws an offer of a place or terminates a student’s

International Student Fee Refund Policy 2017 Page 6 of 16


enrolment. the University will not refund any tuition fees paid for the current
teaching or research period.
(6) If, after appropriate measures taken under relevant University rules, policies and
procedures, a student fails to make satisfactory academic progress with the
result that the University refuses to permit the student to continue, the University
will not refund any tuition fees paid for the current teaching or research period
(unless suspension or termination occurs and the student withdraws before the
relevant census date, in which case Clause 8 will apply).
(7) In relation to suspensions or terminations by the University, the suspension or
termination date will be:
(a) the date on which any final decision is made by the University or relevant
appellate body in relation to the student’s case; or
(b) the date on which the time for making any such appeal expires.
(8) Applications are required for all refunds under this clause, which will be paid within
15 working days of receipt of the relevant application.

11 Refunds when a student defaults but there is no written


agreement with the University
(1) If a student defaults for any reason in circumstances where there is no written
agreement between the University and the student which complies with the ESOS
Framework, the University will refund:
(a) if the default is due to visa refusal which occurs before the commencement
of the course, all tuition and non-tuition fees received; or
(b) in all other cases, all unspent tuition fees received, calculated as follows:
refund amount = weekly tuition fee × weeks in default period.
(2) Applications are not required for refunds under this clause, which will be paid within
20 working days of the day on which the University refuses to provide, or continue
providing, the course to the student.

12 Refunds when the University defaults


(1) If the University defaults it will either:
(a) arrange for the student to be offered a place in a course at the University’s
expense; or
(b) pay a refund as provided in this clause.
(2) The student may elect whether to accept the offer of an alternative place, or to
obtain a refund.
Note: See section 46D of the Educational Services for Overseas Students Act 2000
(Cth).

(3) If:
(a) the course fails to start on the agreed starting date;
(b) the course ceases to be provided by the University after it has started but
before the student has completed; or

International Student Fee Refund Policy 2017 Page 7 of 16


(c) the University is unable to provide the course in full as a result of a
sanction imposed by a government regulator
then
(d) the University will refund:
(i) all unspent tuition fees, calculated as follows:
refund amount = weekly tuition fee x weeks in default period; and

(ii) any University application fees.


(4) Applications are not required for refunds under this clause, which will be paid within
10 working days of the agreed starting date or the date on which the course
ceases to be provided.

13 Refunds after change of residency status


(1) If an intending student obtains permanent residence before enrolling and is
transferred to a Commonwealth supported place, the intending student may
elect to have:
(a) a refund of the fees paid; or
(b) all or part of the fees paid credited against fees payable in relation to the
Commonwealth supported place for the current and future teaching or
research periods.
(2) If the student does not apply for a refund, the University will retain the funds and
apply them as specified in subclause 13(1)(b).
(3) If a student obtains permanent residence after enrolling but before census
date in the current teaching or research period and is transferred to either a
Commonwealth supported place or domestic fee paying place, the student
may elect to have:
(a) a refund of the difference between the fees paid for the current teaching or
research period and the amount now payable for that period; or
(b) a credit, equal to the difference between the fees paid for the current
teaching or research period and the amount now payable for that period,
against fees payable in relation to the Commonwealth supported or domestic
fee paying place.
(4) If the student does not apply for a refund, the University will retain the funds and
apply them as specified in subclause 13(1)(b).
(5) If a student obtains permanent residence after the census date in the current
teaching or research period, the University will not refund any tuition fees paid
for the current teaching or research period.
(6) If a student obtains permanent residence but is unable to transfer to a
Commonwealth supported place or domestic fee paying place due to
unavailability of places or ineligibility of the student, the University will refund
100% of the fees paid on account of:
(a) the current teaching or research period; and
(b) any future teaching or research periods.
(7) Applications are required for refunds under this clause, which will be paid within 15
working days.

International Student Fee Refund Policy 2017 Page 8 of 16


14 Student services and amenities fees
(1) The University will refund student services and amenities fees only if the student
has withdrawn or ceased before the relevant census date.
(2) Refunds of student services and amenities fees will be processed together with the
refund of tuition fees. A separate application is not required.

15 Overseas health cover fees


(1) The University will refund money received on account of overseas health cover for
a student if:
(a) the student is unable to complete the course in circumstances covered by
the overseas health cover provider’s policy; and
(b) the University has not yet forwarded funds received on account of the
student’s overseas health cover to the University’s overseas health cover
provider.
(2) A student seeking a refund of overseas health cover fees from the University must
complete the relevant Request for Refund form
http://sydney.edu.au/dam/corporate/documents/study/student-
administration/application-for-refund-international.pdf and provide:
(a) their full name;
(b) their date of birth;
(c) their membership number (provided to the student by the International
Student Fees Office);
(d) a statement of the reason for seeking the refund; and
(e) evidence of the date of:
(i) transfer to another University; or
(ii) departure from Australia.
(3) If the University has forwarded the funds to the nominated overseas health cover
provider, a student seeking a refund must apply directly to the provider, and must
provide:
(a) all of the information required under subclause 15(2);
(b) a copy of the receipt for the overseas health care payment; and
(c) any other information the provider requests.
(4) A sponsored student whose overseas health cover fees were paid by a third party
is not entitled to a direct refund. The University will liaise with the overseas health
care provider and the sponsor to arrange payment of a refund to the sponsor.

16 Complaints and appeals


(1) Complaints about refunds or applications for refunds should be made and will be
addressed consistently with the Resolution of Complaints Policy 2015 and the
Student Complaints Procedures 2015.

International Student Fee Refund Policy 2017 Page 9 of 16


(2) Nothing in this or any other University policy or procedures removes a student’s
right to take action against the University under Australia’s consumer protection
laws.

17 Rescissions and replacements


This document replaces the Refund Procedures for International Students which
commenced on 30 September 2008 and which is rescinded as from the date of
commencement of this document.

International Student Fee Refund Policy 2017 Page 10 of 16


SCHEDULE 1 - Summary Table
All fees paid in advance of the current teaching or research period are refunded.

Applications are required unless otherwise stated in the following table.

If the student is aged under 18 years, the time periods for payment of refunds specified
below do not apply. Refunds will instead be made within 14 calendar days.

EVENT ENTITLEMENT PROCESS AND POLICY


REFERENCE

Student defers Refund of 90% of tuition Clause 8(1)


fees for current period,
within 15 working days; or

Credit equivalent to 100%


of tuition fees for current
period.

Student withdraws or
suspends

- Before Refund of 90% of tuition Clause 8(1)


commencement fees for current period,
paid within 15 working
days; or

Credit equivalent to 100%


of tuition fees for current
period.

- After Refund of 50% of tuition Clause 8(2)


commencement fees for current period,
but before census within 15 working days; or
date
Credit equivalent to 100%
of tuition fees for current
period.

- After census date No refund of tuition fees Clause 8(3)


for current period.

Higher degree by Refund of 100% of course Clause 8(4)


research student submit fees for current period,
thesis prior to census paid within 15 working
date days

International Student Fee Refund Policy 2017 Page 11 of 16


EVENT ENTITLEMENT PROCESS AND POLICY
REFERENCE

Visa refused

- Before Refund of course fees less No application required.


commencement 5% or $500, paid within 20 Clause 9(1)(a)
working days.

- After Refund of unspent tuition No application required.


commencement fees calculated in Clause 9(1)(b).
accordance with formula,
paid within 20 working .
days

Student fails to enrol and Refund of 75% of tuition Clause 10(1).


commence without fees for current period,
withdrawal or deferral paid within 15 working
days; or

Credit equivalent to 75% of


tuition fees for current
period.

Student not permitted to No refund of tuition fees Clause 10(2).


commence or continue for current period.
because of failure to pay, See clause 8 if prior to
after census date census date.

Student breaches visa No refund for current Clause 10(3).


condition, after census period.
date See clause 8 if prior to
census date.

Student enrolment No refund for current Clause 10(4).


suspended or terminated period.
on conduct grounds after See clause 8 if prior to
census date census date.

Student offer withdrawn No refund for current Clause 10(5).


or enrolment terminated period.
for fraudulent information

International Student Fee Refund Policy 2017 Page 12 of 16


EVENT ENTITLEMENT PROCESS AND POLICY
REFERENCE

Student not permitted to No refund for current Clause 10(6).


continue for failure to period.
make satisfactory See clause 8 if prior to
academic progress after census date.
census date

Student defaults, but no


written agreement with
University

- Due to visa refusal Refund of all tuition fees No application required.


before plus all non-tuition fees, Clause 11(1)(a).
commencement paid within 20 working
days.

- Other defaults Refund of all unspent No application required.


tuition fees calculated in Clause 11(1)(b).
accordance with formula,
paid within 20 working
days.

Course fails to start on Refund of all unspent No application required.


agreed starting date tuition fees plus all non- Clause 12(3).
tuition fees, calculated in
accordance with formula,
paid within 10 working
days;

or

Transfer to alternative
course at University
expense.

University ceases to Refund of all unspent No application required.


provide course before tuition fees plus all non- Clause 12(3).
student completes tuition fees, calculated in
accordance with formula,
paid within 10 working
days;

or

Transfer to alternative
course at University
expense.

International Student Fee Refund Policy 2017 Page 13 of 16


EVENT ENTITLEMENT PROCESS AND POLICY
REFERENCE

University unable to Refund of all unspent No application required.


provide course due to tuition fees plus all non- Clause 12(3).
government sanction tuition fees, calculated in
accordance with formula,
within 10 working days;

or

Transfer to alternative
course at University
expense.

Student obtains Refund of fees paid, paid Clause 13(1)


permanent residence within 15 working days;
before enrolling and is
transferred to a or
Commonwealth
supported place Credit of all or part of fees
paid against fees payable
in relation to
Commonwealth supported
place for current and future
period.

Student obtains Refund of difference Clause 13(3)


permanent residence between fees paid for
after enrolling but before current period and amount
census date in the now payable that period
current period and is within 15 working days;
transferred to either a
Commonwealth or
supported place or a
domestic fee paying Credit equal to difference
place between the fees paid for
the current period and the
amount now payable for
that period against fees
payable in relation to
Commonwealth supported
place for current and future
period.

Student obtains No refund of tuition fees Clause 13(5)


permanent residence paid for current period.
after the census date in
the current period

International Student Fee Refund Policy 2017 Page 14 of 16


EVENT ENTITLEMENT PROCESS AND POLICY
REFERENCE

Student obtains Refund of 100% of fees Clause 13(6)


permanent residence but paid for current or future
is unable to transfer to a periods, paid within15
Commonwealth working days.
supported place or a
domestic fee paying
place due to
unavailability of places or
ineligibility of the student

Student services and Refund of 100% of fee if No application required


amenities fee student has withdrawn or Clause 14
ceased before relevant
census date.

Overseas health cover Refund of fees not yet Clause 15


released to insurer.

NOTES
International Student Refund Policy 2017

Date adopted: 17 February 2017

Date commenced: 1 March 2017

Date amended: 24 March 2019 (administrative amendment)

23 February 2021 (administrative amendment)

8 October 2021 (administrative amendment)

11 May 2023 (administrative amendment)

Original administrator: Executive Director, Student Administration Services

Current policy owner: Deputy Vice-Chancellor (Education)

Review date: 28 February 2020

Rescinded documents: Refund Procedures for International Students (2008)

Related documents:

Educational Services for Overseas Students Act 2000 (Cth)

Education Services for Overseas Students Amendment Act 2014


(Cth)

International Student Fee Refund Policy 2017 Page 15 of 16


Education Services for Overseas Students (Calculation of
Refund) Specification 2014 (Cth)

National Code of Practice for Registration Authorities and


Providers of Education and Training to Overseas Students

University of Sydney (Coursework) Rule 2014

University of Sydney (Higher Degrees by Research) Rule 2011

Resolution of Complaints Policy 2015

Student Debtor Sanctions Policy 2014

Third Party Payment of Student Fees Policy 2014

Student Complaints Procedures 2015

Student Debtor Sanctions Procedures 2014

Third Party Payment of Student Fees Procedures 2014

_______________________________________________________________________

AMENDMENT HISTORY

Provision Amendment Commencing

Notes Amended title of administrator to Executive Director, 24 March 2019


Student Administration Services

7(6) Amended to include credit card surcharge in refund 23 February


2021

6 Replace Coursework Policy 2014 with Coursework 11 May 2021


Policy 2021

International Student Fee Refund Policy 2017 Page 16 of 16

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