Cancellation and Refund Policy

A. Student Default:

1. Default Definition: A student is deemed to have defaulted if:

   1. the course has commenced and do not defer/cancel before the start date; or,

   2. deferring their studies more than once; or,

   3. do not start on the course commencement date; or,

   4. fail to notify OIHE in wiriting of any circumtance affecting their enrolment or ability to comply with the Terms and Conditions of Enrolment.

2. Refund Timeline: If a student defaults, OIHE will not refund fees paid. In other circumstances, OIHE shall organise refund according to the Cancellation and Refund Policy below within 28 days of the effective notice date, which is the date the request is received by OIHE Admissions.

3. Request Submission: All requests must be made in writing and accompanied by supporting documentation. Requests are forwarded to Admissions and are not effective until confirmed by OIHE.

4. Early Cancellation (More than 28 days): If you cancel your enrolment more than 28 days before the course commencement date, OIHE will refund full tuition and material fees paid, less a $250 cancellation fee.

5. Cancellation (28 to 14 days): If you cancel your enrolment between 28 and 14 days before the course commencement date, OIHE will charge 50% of tuition fees or $250, whichever is greater. Material fees are not refunded if pre-paid tuition is less than the cancellation fee.

6. Cancellation (14 to 7 days): If you cancel your enrolment between 14 and 7 days before the course commencement date, OIHE will charge 25% of tuition fees or $250, whichever is greater. Material fees are not refunded if pre-paid tuition is less than the cancellation fee.

7. Late Cancellation: If you cancel your enrolment less than 7 days prior, on, or after your course commencement date, fail to notify of any circumstances affecting enrolment, or fail to commence the course on the agreed date, no refunds will be given.

8. Post-Commencement Cancellation: No refund will be made post commencement. You must pay fees until the end of term.

9. Course Deferment: To defer your course start date, notify OIHE more than 28 days prior to the course commencement date, or charges will apply. If granted a deferment and you later cancel, any refund amounts or cancellation fees will be based on the original course commencement date. Student visa holders should note that any deferral requires a change of CoE, which may impact their visa status. Fees may apply for changes of CoE.

10. Deferment Over 3 Months: If you defer your course for more than 3 months, charges in fees may apply.

11. Multiple Course Enrolment: If enrolled in more than one course at OIHE, the Cancellation and Refund Policy applies based on the proposed or actual commencement date of the earliest course.

12. Instalment Plan: If you are on an instalment plan, you are required to pay any fees due until the cancellation effective date or until the end of term, whichever applies according to the policy above. If your instalment plan falls under the Tuition Protection Service (TPS) regulations, subsequent payments must be made on the due date, not before. Failure to make payment by the due date may result in immediate cancellation of enrolment and notification to the Department of Home Affairs (DHA).

13. ESOS Act Compliance: Under the ESOS Act, OIHE must notify the TPS Director of the default within 5 business days of its occurrence.

14. Non-Refundable Tuition Fees: Any tuition fees specified as non-refundable in the offer letter, will not be refunded unless it is due to an Institute Default (as outlined in Part C below).

15. Other Non-Refundable Fees Application/enrolment fees, instalment fees, and credit card transaction fees are non-refundable. If these fees were waived due to a promotion, they will be deducted from the refund amount upon cancellation.

16. Subject to Policy: All other fees are subject to the Cancellation and Refund Policy.

B. Visa rejection:

1. Fraudulent Documentation: No refund will be issued if your visa application is rejected due to fraudulent or forged documents, incomplete information, or for any contraventions of the requirements of the Migration Act 1958 (Cth).

2. Pre-Start Rejection: If your visa is rejected before the course starts and OIHE receives written notification and a copy of the rejection letter from the Australian Embassy at least 48 hours before the commencement date, a full refund of all tuition fees paid will be issued.

3. Late Pre-Start Notification: If the rejection notification is received less than 48 hours before the course start date, a full refund of pre-paid tuition fees, less the higher of $500 or 5% of the total prepaid fees, will be issued.

4. Delayed Visa Application: If your visa application is delayed and the Institute is notified in writing with supporting documentation at least 48 hours before the course start date, the Institute will allow you to defer your course.

5. Post-Start Rejection: If the visa rejection occurs after the course started, then no refund will be made.

6. Late Notification with Full Payment: If the visa rejection notification is received less than 48 hours before the course start date and full tuition has been paid, a full refund of pre-paid tuition fees, less the higher of $500 or 5% of the pre-paid amount, will be made.

7. Post-Start Rejection with Full Payment: If the visa rejection occurs after the course start date, and full tuition has been paid, a full refund of pre-paid tuition fees, less the fees for the first term plus $500.00 processing fee will be issued.

8. Deferred Start with Early Notification: If you defer your course start date and your visa application is rejected before the new start date, and OIHE receives the rejection letter at least 48 hours before the deferred start date, there will be a refund of all prepaid tuition fees less any fees that would otherwise have been payable if

   the course started without the deferral.

9. Deferred Start with Late Notification: If the visa rejection notification is received less than 48 hours before the deferred start date, a full refund of pre-paid tuition fees, minus the lesser of $500 or 5% of the total prepaid fees, will be issued.

10. Deferred Start Post-Start Rejection: If the visa rejection occurs after the deferred course start date, there will be no refund.

11. Deferred Start Post-Start Rejection with Full Payment: If the visa rejection occurs after the deferred start date, and full tuition has been paid, then there will be a partial refund of pre-paid tuition fees, being prepaid fees less fees for the first term, less the higher of $500 or 5% of the prepaid, will be issued.

12. Visa Rejection After Course Commencement: If you start the course and your visa application is subsequently rejected, you will receive a refund for the portion of tuition fees paid for which you have not received tuition. For clarity, you will only receive a refund for the terms that have not commenced.

13. Non-Refundable Tuition Fees: Any tuition fees specified as non-refundable in the offer letter, will not be refunded unless due to an Institute Default (as outlined in Part C below).

14. Other Non-Refundable Fees Application/enrolment fees, instalment fees, and credit card transaction fees are non-refundable. If these fees were waived due to a promotion, they will be deducted from the refund amount upon cancellation.

15. Other Fees: All other fees are subject to the Cancellation and Refund Policy.

C. Institute Default:

1. OIHE reserves the right to cancel a course and/or enrolment prior to the commencement date of a course. This will be classified as an ‘Institute Default’.

2. OIHE will be deemed to have defaulted if a course does not start on the agreed date, or if a course is not delivered in full.

3. In the event of institute defaults, a refund of the portion of tuition fees paid for undelivered tuition will be issued within 14 days of the date of default. Alternatively, you may be offered enrolment in an alternative comparable course offered by OIHE at no additional cost. OIHE retains the absolute discretion on the election.

4. You must submit a formal request indicating your preference of either a full refund of unexpended pre-paid tuition fees or acceptance of a place in another course.

5. If OIHE is unable to provide a refund or offer you an alternative course, the Tuition Protection Service (TPS) operated by the Australian Government will assist you in finding an alternative course or obtaining a refund if a suitable alternative is not found. For more information, visit the TPS website www.tps.gov.au

6. In all cases under the Cancellation and Refund Policy, the application fee, instalment fee, and credit card transaction fees are non-refundable.

7. All other fees are subject to the Cancellation and Refund Policy.

D. Transfer to another provider:

1. If you wish to cancel your enrolment and transfer to another provider, OIHE must receive a written request and supporting documents at least four (4) weeks prior to the effective cancellation date.

2. You must have completed at least six (6) months of your principal course. The principal course is the main course of study to be undertaken by an overseas student when the student visa has been issued for multiple courses and is usually the final course of study. The first six months is calculated as six calendar months from the date an overseas student commences their principal course.

3. The transfer restriction applies to a student during all courses they undertake prior to the principal course.

4. OIHE may approve a written request for transfer to another provider prior to the completion of six (6) months of the principal course if it is deemed to be in the student’s best interest.

5. Circumstances considered to be in the student’s best interest include, but are not limited to, conditions that negatively affect student’s attendance and progress in any course, compelling and compassionate reasons, change of career, evidence that the student’s reasonable expectations about their current course have not been met.

6. To obtain a release, you must submit a valid letter of offer of enrolment from another provider along with all other supporting documents. All tuition fees until the effective date of cancellation plus a $250.00 administration fee must be paid before the release will be approved.

7. If a student is released based on poor academic performance but is to be reported for this reason, they will still be

   reported even if they transfer.

OIHE will be deemed to