I (which expression includes the parent/guardian who has signed this contract on behalf of the applicant) hereby apply to enrol in the course commencing at the campus indicated on the Application for Admission form ('the Application'). I agree that on acceptance of the Application by the Australian College of Physical Education ('the College'), and my subsequent receipt and return of the Acceptance of Offer ('the Offer'), the Offer will become the Contract of Enrolment ('the Contract') and further I agree to abide by the following terms and conditions:
1. I must abide by all policies, rules and regulations of the College that are in force at any time and conduct myself in a manner consistent with the College's Student Code of Conduct. I agree to abide by the policies of the College as amended by the College from time to time. (Information on the College's policies, rules and regulations is located on the website here.
2. I understand that if I breach any of the College's policies, my enrolment may be cancelled and I may not be entitled to any refund of the tuition fees or other charges paid to the College under the Contract.
3. It is a condition of my enrolment that I achieve satisfactory academic progress throughout my course at a rate that will enable me to complete the course within the approved maximum completion time and consistent with the College's rules of progress.
4. I agree to pay fees according to the rules, policies, procedures and schedules relating to fees as prescribed by the College. I also understand that failure to pay my tuition fees may result in my enrolment being cancelled. I agree to abide by the refund policy as outlined in this document.
5. I understand that if, after enrolling into my nominated course, I discontinue my studies after the applicable census date, I may remain liable to pay the full semester tuition fees and any expenses, costs or disbursements incurred by the College in recovering any outstanding monies, including debt collection agency fees and solicitors' costs.
6. I understand that tuition fees are reviewed by the College regularly and may be changed from time to time.
7. I authorise the College to obtain medical treatment for myself should such action be deemed necessary by the College or by a staff member acting on behalf of the College. I agree to indemnify and hold harmless the College and its staff for any expense, loss, damage or liability of whatsoever nature or howsoever occasioned as a result of authorising and arranging such emergency medical treatment.
8. I declare that to the best of my knowledge, all documentation and information I have submitted or made available to the College in relation to my course application is true, accurate and complete. I further acknowledge that similar conditions will apply to information submitted by me in the future to support my course application.
9. I am aware that there are severe penalties for providing false or misleading information.
10. I acknowledge and agree that the College may collect, use and disclose personal information or information related to my application or enrolment:
- to comply with the reporting requirements of Commonwealth and State Government departments and agencies and their appointed third party providers for the purposes of planning, administration, policy development, surveys, and for other lawful purposes;
- for the assessment of my entitlement of government assistance or benefits;
- in circumstances where it is reasonably believed to be necessary to prevent or lessen a serious threat to life, health, safety or welfare of any person.
11. I authorise the College to obtain from other educational institutions and relevant authorities, details of my enrolment, academic record and examination results for purposes related to my course application or enrolment at the College, and to supply any relevant official records to other educational institutions associated with my studies at the College.
12. I understand that if I enrol as an inbound cross-institutional student at ACPE, I am responsible for providing a copy of my ACPE results to my home institution
13. I understand that I must advise the College of any change of my address and/or contact details while I am enrolled in any course.
14. I must meet the applicable attendance requirements, undertake the assessments, practical experience placements, and other requirements stated in the course unit outlines during a course of study. I may be required, and permission is hereby granted, to attend College organised excursions and activities as part of the course.
15. All unit resources, lessons and any related material supplied by the College are copyright and remain the property of the College. I understand that any unauthorised copying may constitute a breach of the Copyright Act 1968 (as amended).
16. I understand that tuition fees do not include the cost of textbooks. I am responsible for my own books, equipment and personal items and I hereby release, indemnify and hold harmless the College against all liability and claims for any loss or damage to such items, howsoever caused except where liability is expressly imposed by law.
17. If my course requires me to participate in practical experience placements that require me to have direct contact with children under 18, I must provide a satisfactorily completed Prohibited Employment Declaration for each period of the practical experience placement (in accordance with Child Protection (Prohibited Employment) Act 1998). I may also be required to provide a police records check for my industry experience placement.
18. I accept that the College reserves the right to change the particulars of the services, including changes to prices, units, courses, placements, facilities and dates of programs where circumstances beyond the College's control necessitate such changes or where the level of enrolments does not reach the minimum numbers required to operate a course or course unit viably.
19. I understand that the College has grievance resolution processes in place and that I can access the Academic Appeals Policy and Procedures and the Grievance Policy for Non-Academic Matters on the website www.acpe.edu.au
20. I am responsible for satisfying any requirement pertaining to my professional registration and/or employment accreditation that are beyond the accredited provisions of the course offered by the College. Such requirements may include government examinations, interviews, and other forms of assessment external to my course at the College.
Additional Terms and Conditions for International Students
(students on an Australian student visa)
21. I am aware that the Education Services for Overseas Students (ESOS) Act was introduced by the Australian Government to provide a legislative framework to ensure the quality of programs and services provided to international students and to ensure that the rights of international students are protected.
I understand that information is collected by the College during each student's enrolment in order to meet its obligations under the ESOS framework. This is to ensure students' compliance with the conditions of their visas and their obligations under Australian immigration laws generally. The authority to collect this information is contained in the ESOS Framework. Information collected about each student during enrolment can be provided, in certain circumstances, to the Australian Government and designated authorities and, if relevant, the Tuition Protection Scheme. In other instances information collected during enrolment can be disclosed without the student's consent where authorised or required by law.
22. I have read and understand the content, qualification, duration, teaching and assessment methods. I have received general information on ACPE's facilities, equipment and resources; fees payable to ACPE; ACPE's refund policy; grievance policy; English proficiency and academic requirements for entry to ACPE; the applicability of recognition of prior learning (RPL) to my course; the course content and duration, qualification offered if applicable, modes of study, assessment methods, and attendance requirements; ACPE's location, local environment and general costs of living; and the ESOS framework.
24. I am aware that if I am on a student visa, it is my responsibility to ensure that I continue to satisfy the requirements for the grant of my student visa. These requirements may include, but are not limited to, the following:
- I must notify ACPE of my residential address in Australia within 7 days of arriving in Australia, and must notify ACPE of any change in my residential address within 7 days of the change.
- I am expected to maintain a full-time study load and complete my course in the normal timeframe.
- I must maintain satisfactory attendance in my course and course progress for each study period as required by the College.
- I must maintain adequate schooling arrangements for any school-age dependents who join me in Australia on a student dependent visa for more than 3 months.
- I must maintain adequate arrangements for health insurance during my stay in Australia.
- I must not work beyond the work limits applicable to my student visa.
- I must obtain permission from ACPE if I wish to transfer to another institution within the first 6 months of my course.
25. I understand that the information I provide to ACPE may be made available to Australian government authorities and agencies. This information may include, and is not limited to, personal and contact details, course enrolment details and changes, and the circumstance of any suspected breach by the student of a student visa condition.
DOMESTIC STUDENTS - Refund of Fees
1. I understand that I must apply in writing should I wish to cancel my enrolment in a course or withdraw from a unit of study and that I can obtain a full refund of tuition fees related to that unit of study if the College receives my written notification of the unit withdrawal on or before the relevant census date published on the website here.
2. I understand that the census date for a unit of study does not occur less than 20% of the way through the period during which the unit of study is being undertaken.
3. I understand that if I advise in writing of my wish to cancel my enrolment in a course or withdraw from a unit of study after the census date, I will not be entitled to any refund of tuition fees related to that unit of study nor will I be entitled for a remission of any FEE-HELP loan associated with that unit of study, unless special circumstances apply.
4. I understand that if special circumstances are the cause of the withdrawal or non-completion, I must submit the form to apply for the Refund of Tuition Fee or Re-credit of FEE-HELP balance within 12 months from my withdrawal date and that I must attach third party supporting documentation with the form.
5. I understand that if I do not meet attendance requirements and/or do not submit assessment tasks for my enrolled unit of study and do not provide written notification of my withdrawal from that unit on or before the census date, I will not be entitled to any refund of tuition fees nor remission of any FEE-HELP loan related to that unit of study.
6. I understand that the College provides a tuition assurance arrangement for students in accordance with the provisions of the Higher Education Support Act 2003 (HESA) and the associated HEP Guidelines, and that the College's membership in the Tuition Assurance Scheme (TAS) protects students in the event of the College ceasing to provide a course of study in which a student is enrolled.
7. This agreement, and the availability of complaints and appeals processes, does not remove the right of a student to take action under Australia's consumer protection laws.
INTERNATIONAL STUDENTS (students on an Australian student visa)
A. Refund of Fees
I understand and accept the fee refund policy outlined below:
1. All notifications of withdrawal from a course or requests for refunds must be made in writing to the Registrar.
2. The College agrees to refund within 4 weeks and without deduction, all tuition fees paid where the student produces certified evidence that the application made by the student for a student visa has been rejected by the Australian Immigration authorities.
3. Where a student's course of study is terminated for a serious breach of the College rules or a breach of visa conditions there will be no refund of any monies paid for study completed to the date of termination.
4. The College agrees to refund within 4 weeks of the receipt of written notice of cancellation by the student (or parent or guardian if the student is under 18 years of age), tuition fees paid by or on behalf of the student less the amounts to be retained as agreed and as detailed below:
- If written notice is received 4 weeks or more before the date of course commencement, then a non-refundable amount equivalent to 30% of the tuition fee shall be applicable to all enrolments.
- If written notice is received less than 4 weeks before the date of course commencement, then a non-refundable amount equivalent to 50% of the tuition fee shall be applicable to all enrolments.
- If written notice is received on or after the date of course commencement, there will be no refund of any monies paid unless the Finance Manager deems that exceptional circumstances apply.
5. In the event that the College is unable to deliver your course in full, you will be offered a refund of the tuition fees you have paid to date less the total cost for the tuition services provided to you before the default day. The refund will be paid to you within 2 weeks of the day on which the course ceased being provided. Alternatively, you may be offered enrolment in a suitable alternative course by the College. You have the right to choose whether you would prefer a refund of unused pre-paid tuition fees, or to accept a place in another course. If you choose placement in another course, the College will ask you to sign a document to indicate that you accept the placement.
If the College is unable to provide a refund or place you in another course, the Tuition Protection Scheme (TPS) will place you in a suitable alternative course. If there are no suitable alternative courses or offers, you may apply to the TPS for a refund of the amount of any unspent tuition fees you have paid the College.
6. If you fail to meet the College's progression rules and are not permitted by ACPE to maintain enrolment in your course you will be eligible for a refund of the amount of course fees paid in advance of the date of notification of exclusion from ACPE.
7. This agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia's consumer protection laws.
B. Refund of ACPE arranged Overseas Student Health Cover (OSHC) premiums
I understand that:
a) If I have not arrived in Australia and am unable to commence my course at ACPE, the College will refund the OSHC directly to me.
b) If I have arrived in Australia and am:
- discontinuing studies and returning home; or
- transferring to another provider; or
- no longer on a student visa,
then it is my responsibility to arrange a refund directly from the OSHC provider.
C. Refund of fees paid for ACPE-arranged Homestay/Lodge accommodation
I understand that:
a) If I cancel my accommodation less than 7 days before arrival, I will be charged the Accommodation/Homestay Placement Fee (if applicable), plus a cancellation fee equivalent to 1 week of accommodation.
b) After arrival, I am required to provide 4 weeks of notice to cancel my accommodation; any accommodation fees in excess of the notice period will be refunded less a 10% cancellation fee.
D. Refund of fees paid for ACPE-arranged Airport Transfer
If I have arranged Airport Transfer by the College, I understand that:
a) If I cancel less than 48 hours before arrival, no refund will apply.
b) If the Airport Transfer service provider cannot be located when I arrive at the airport, I should contact the 24-hour phone number that has been provided to me by the College. In such circumstances, if I have advised the emergency contact that I have not been met at the Airport, and alternative arrangements have not been made, then a full refund of the Airport Transfer fee will apply.
Version dated 1 November 2013