International Student Program (ISP)

8. Transfers and cancellations

This section covers: transferring to another Victorian government school (changing location), transferring to another Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) provider (a withdrawal), student initiated cancellations, department initiated cancellations, department initiated suspensions, student behaviour.

Purpose

Sometimes international students may need to change to another school or cancel their enrolment. Schools need to notify DE International Education Division (IED) of these changes as soon as possible to enable strict reporting timeframes required under the Education Services for Overseas Student’s Act 2000 (Cth) (ESOS Act) to be met.

Under certain circumstances, DE (IED) is able to suspend or cancel a student’s enrolment (as informed by schools).

Important requirements

Changing location to another Victorian government school

• A student may change their enrolment from one International Student Program (ISP) accredited Victorian government school to another ISP-accredited Victorian government school as outlined in the ISP Transfer Policy (DOCX). This is regarded as a change of study location.
• Schools must ensure that the change of location is in line with the ISP Transfer Policy. For students seeking a transfer within the first 6 months of study at a host school, there must be evidence of compassionate or compelling circumstances. The school should seek guidance from IED in assessing applications of this nature.
• The transfer must be supported by a parent, in writing.
• The transfer must be endorsed by the Current Host School and the New Host School.
• The student must not be on a Compliance Contract for course progress, attendance or misbehaviour.
• In considering transfers between Victorian Government schools, the Current Host School and New Host School must comply with the Enrolment Policy.

Transferring to a non-government school

• A transfer to a non-government school is called a ‘withdrawal’ as outlined in the ISP Transfer Policy (DOCX). A student may withdraw from the ISP at any time after the first 6 months of their study.
• DE (IED) must assess and approve requests to transfer to another provider.
• Students wishing to transfer within the first 6 months of their study must have a valid letter of offer from another CRICOS provider. The other CRICOS-registered provider must also confirm it accepts responsibility for approving the student’s welfare arrangements and facilitates a transfer of welfare arrangements to ensure that there will be no gap in the timing of welfare provision (if applicable).
• If DE (IED) approves the student’s transfer to another provider, the current school continues to be responsible for the student’s welfare arrangements until DE (IED) confirms that the international student has approved welfare arrangements in place by another CRICOS-registered provider or the Department of Home Affairs (DHA) approves care of the student by a parent or nominated relative.

Student initiated cancellations

• Students may withdraw (cancel enrolment) from the ISP at any time (but only transfer to another school after 6 months).
• Only DE (IED) can cancel an international student’s enrolment, not schools.
• Schools must ensure that DE (IED) is notified immediately if an international student cancels their enrolment.
• Students should submit a completed Withdrawal Form (PDF), signed by their parent and the school principal (or delegate). If the school does not receive a completed Withdrawal Form but becomes aware that a student has withdrawn, the school must notify DE (IED) immediately.
• In cases where the student’s visa has changed, or been refused, the student should provide schools, who should then provide DE (IED) with written evidence of the refusal or cancellation of the visa, the relevant letter from DHA, a change of visa category to a category which is not part of the ISP (for example, fee-exempt dependent) or evidence of returning home together with a date for departure.
• School staff need to monitor circumstances that could lead to a cancellation, including an international student’s failure to return to school after an arranged holiday break, suspension or deferment, or failing to enrol in any subjects for a compulsory study period. Where school staff identify these circumstances, they need to notify DE (IED) immediately to enable DE (IED) to cancel the student’s enrolment.
• Where a student withdraws, schools must ensure that students seek advice from DHA on the impact on the student’s visa and continue to check the suitability of care arrangements for students living in a homestay until the international student leaves Australia or suitable alternative arrangements are in place.
• Students should refer to the ISP Refund Policy (DOCX) to determine whether tuition fees are refundable and how to apply for a refund.
• Schools should maintain records of student requests for a withdrawal.

Department initiated cancellation of enrolment

1. DE (IED) may cancel a student’s enrolment on the basis of:
   • not meeting the conditions of their student visa including attendance, course progress and maintaining health cover
   • non-payment of fees
   • misbehaviour by the student, as outlined in the student behaviour responsibilities in the Written Agreement (DOCX)
   • a student not fulfilling the requirements of the school’s policies and rules and/or entering into activities that are unsafe
   • failure to disclose or update information required to administer the student’s enrolment
   • information provided regarding the student’s participation in the ISP which is false, misleading or incomplete
   • if the student is living with a homestay provider, and DE (IED) either is concerned, by reason of the student’s conduct or circumstances, about the welfare of the student or others or determines that DE (IED) is no longer able to approve the student’s welfare and accommodation
   • the student’s health or wellbeing, or the wellbeing of others, likely being at risk.
2. This is stated in the student’s Written Agreement (DOCX).
3. Where DE (IED) initiates cancellation of the student’s enrolment, before imposing a cancellation, DE (IED):
   • ensures that natural justice procedures have been followed
   • ensures that any suspension or cancellation actions will be undertaken in accordance with the necessary actions outlined in the school policy on Expulsions and school policy on Suspensions
   • informs, in writing, the student and parents of the intention to cancel and the reasons for doing so through issuing a Notice of Intention to Report, prior to reporting a student to the Australian Government in the Provider Registration and International Student Management System (PRISMS); advises the student of their right to appeal as outlined in the ISP Complaints and Appeals Policy (DOCX), within 20 working days; and informs the student of the need to seek advice from the DHA on the potential impact on the student’s visa.
4. Any DE (IED) initiated cancellation of the student’s enrolment does not take effect until the internal appeals process is completed as outlined in the ISP Complaints and Appeals Policy (DOCX). An exception to this is when the student’s health or wellbeing, or the wellbeing of others, is likely to be at risk, including when the student:
   • refuses to maintain approved care arrangements, if they are under 18 years of age
   • is missing
   • has medical concerns, severe depression or psychological issues which lead DE (IED) to fear for the student’s wellbeing
   • has engaged or threatens to engage in behaviour that is reasonably believed to endanger the student or others
   • is at risk of engaging in conduct that may harm the health and safety of the student or others.
5. When DE (IED) suspends or cancels the enrolment of an international student on a Confirmation of Appropriate Accommodation and Welfare (CAAW), DE (IED) continues to approve the welfare arrangements for that student until the international student has approved welfare arrangements in place by another CRICOS-registered provider, DHA approves care of the student by a parent or nominated relative, the student leaves Australia, or DE (IED) notifies DHA that it is no longer able to approve the student’s welfare arrangements or is unable to contact the student after taking all reasonable efforts to contact them.

Student behaviour

• International students must behave in accordance with the student behaviour responsibilities outlined in the Written Agreement (DOCX).
• School behaviour management strategies for international students must accord with the student behaviour responsibilities outlined in the Written Agreement.
• Expectations of behaviour must be made clear to students prior to enrolment and again when they commence at the school.
• International students are subject to school discipline in the same way as domestic students, except where suspension or cancellation of a student's enrolment is concerned. International students should be placed on a school intervention strategy in the first instance of student misbehaviour. If the student continues to misbehave they should then be placed on a compliance contract (DOCX). At this stage, DE (IED) must be notified. Where the intervention strategy and compliance contract does not improve the student's behaviour, DE (IED) may suspend or cancel a student's enrolment in accordance with the ISP Initiated Suspension and Cancellation Policy (DOCX). If the misbehaviour is sufficiently serious, DE (IED) may commence the process to cancel the student's enrolment without first suspending the student's enrolment.
• When a student fails to meet acceptable behavioural standards the student may be subjected to a school level suspension (or expulsion). Suspensions are conducted in accordance with the school policy on Suspensions, and the suspensions considerations and suspension process supporting documents. Expulsion are conducted in accordance with the school policy on Expulsions.

School responsibilities and guidance

Changing location to another Victorian government school

1. Meet with the student to discuss the transfer.
2. Maintain all records of discussions, including reasons for transfer, timing for any transfer and accommodation and welfare arrangement implications.
3. Attempt to resolve any issues through appropriate student support, intervention and advice.
4. If issues remain unresolved, refer the student to the Application for Internal Transfer to Another Accredited Victorian Government School (PDF).
5. Current host schools must complete the relevant sections of the Application for Internal Transfer to Another Accredited Victorian Government School, including noting that the principal has agreed to the transfer.
6. Current host schools provide the form and supporting evidence to the new host school within 5 working days of receipt.
7. Disclose information on any misbehaviour and unsatisfactory course progress or attendance, including current or previous intervention strategies or Compliance Contracts.
8. New host schools complete the relevant sections of the Application for Internal Transfer to Another Accredited Victorian Government School and provides the form and supporting evidence to DE (IED) within 5 working days of receipt from the current host school.
9. DE (IED) will assess and make a decision on the transfer.
10. If DE (IED)’s decision is to approve, then both the current and new host schools must facilitate the transfer, ensuring no gap in welfare arrangements (if applicable) and the orientation of the student into the new host school, including issuance of a new ISP Student Safety Card (DOCX).

Transferring to another CRICOS provider (a withdrawal)

1. Meet with student to discuss the transfer and maintain records of discussions. Discussions should include:
   • reasons for transfer
   • timing for any transfer
   • accommodation and welfare arrangement implications.
2. School should attempt to resolve any issues through appropriate student support, intervention and advice.
3. If issues remain unresolved, refer the student to the Withdrawal Form (PDF).
4. School must send an email to DE (IED) at international@education.vic.gov.au with the title 'Student withdrawal to enrol with another CRICOS provider' as soon as possible (within 2 working days) of receiving the completed Withdrawal Form and supporting evidence from the parent and student identifying that a student has left the school to enrol with another CRICOS provider. Alternatively, if the school becomes aware that a student has withdrawn without completing a Withdrawal Form, the school must email DE (IED) as soon as possible (see student-initiated cancellations below).
5. Liaise with the other CRICOS-registered provider regarding the transfer.
6. For students living with a homestay, contact the other CRICOS-registered provider to confirm the date the responsibility for transferring approving accommodation, support and general welfare will commence, ensuring that there is no gap. Liaise with DE (IED) for any guidance regarding transferring welfare arrangements. If required, transport the student to the new homestay.
7. Update enrolment records in CASES21.

Student initiated cancellations

1. Identify circumstances that could lead to a student-initiated cancellation, including student failure to return to school after an arranged holiday break, suspension or deferment, and report to the principal (or delegate). Provide guidance to students and parents regarding potential student requests for cancellation and escalate to the principal's (or delegate's) attention as appropriate.
2. Notify DE (IED) immediately if the school becomes aware of a student’s cancellation.
3. Where a student cancels their enrolment and they are living in a homestay, continue to maintain appropriate welfare arrangements for the student until otherwise directed by DE (IED).
4. Update enrolment records in CASES21.
5. Maintain accurate and up-to-date records.

DE (IED) initiated cancellations

1. Monitor and escalate to principal's (or delegate's) attention student issues which could trigger a department-initiated cancellation.
2. Where DE (IED) cancels the enrolment of a student living in a homestay, continue to provide appropriate welfare arrangements for the student until otherwise directed by DE (IED).
3. Maintain accurate and up-to-date records consistent with the ISP Record Keeping Procedural Guidelines (DOCX).

DE (IED) initiated suspensions (student behaviour)

1. Outline expected standards of behaviour and provide students with the school's student code of conduct and other relevant school, DET, and ISP behaviour policies.
2. Liaise with students, parents, other school staff and homestay providers, regularly, to monitor student behaviour.
3. Reinforce school policies and processes, the student behaviour responsibilities outlined in the Written Agreement (DOCX) and the Homestay Responsibility Agreement (DOCX) with the student and parent.
4. Escalate to DE (IED)'s attention student issues which could trigger a department-initiated suspension or cancellation, including serious misbehaviour to DE (IED).
5. Fulfil obligations under the Education and Training Reform Act 2006 (Vic).
6. Ongoing monitoring, intervention and documentation regarding student issues which could result in a department-initiated suspension.
7. Where DE (IED) suspends the enrolment of a student living in a homestay, continue to provide appropriate welfare arrangements for the student until otherwise directed by DE (IED).
8. Maintain accurate and up-to-date records consistent with the ISP Record Keeping Procedural Guidelines (DOCX).

Student misbehaves (once-off incident)

1. Apply normal behaviour policies (for example, school, DET, ISP) to determine what appropriate action is required.
2. Notify DE (IED) if the student's misbehaviour meets the criteria for a school suspension or expulsion.
3. Initiate a student suspension and/or expulsion in accordance with the school policy on Suspensions, the school policy on Expulsions, and the ISP IED-Initiated Suspensions and Cancellations Policy (DOCX).

Ongoing misbehaviour (monitoring, and support)

1. Develop an intervention strategy for the student (in consultation with the student's parents) to support the student to improve their behaviour in line with the school's responsibility behaviour plan
2. Escalate serious or ongoing misbehaviour to the principal.
3. Place the student on a compliance contract (DOCX).
4. Send a copy of the compliance contract together with evidence of previous intervention strategies and other relevant supporting evidence to DE (IED).
5. Consider if a temporary suspension of enrolment is an appropriate intervention strategy for the student.

The student’s health or wellbeing, or the wellbeing of others, is or is likely to be at risk

1. Continue to provide education and support to the student, as well as ongoing monitoring, intervention and documentation regarding student issues.
2. Discuss issues which could result in IED-initiated suspensions with the Principal (or delegate).
3. Report student issues which, in the school's opinion, warrant a DE (IED) initiated suspension of enrolment to DE (IED).
4. Comply with the Education and Training Reform Act 2006 (Vic) if the student issues of concern include student discipline or non-payment of fees.
5. Manage arrangements for student during suspension period, which will be dependent on the circumstances. For students living in a homestay, this will include attending the school during school hours. Liaise with DE (IED) staff, if necessary and notify the homestay host, if relevant and appropriate.
6. Ensure student is appropriately supervised and accommodated during period of suspension, if applicable.
7. Contact student and parent, when the end of the suspension period is approaching to discuss the arrangements in place for the student's return to school.
8. Reassess the situation after the suspension, and determine if the suspension has been an effective way of managing the issue.
9. Consider the cancellation process, if required.

Compliance evidence

Schools must ensure that they use the following documents and retain them for audit purposes:

1. Application for Internal Transfer to Another Accredited Victorian Government School (PDF)
2. ISP Student Safety Card (DOCX)
3. Withdrawal Form (PDF)
4. ISP Temporary Enrolment Suspension Application (PDF).