Standard 9: Deferring, suspendingor cancelling the overseas
student’s enrolment
National Code of Practice for Providers ofEducation and Training to Overseas Students 2018
Overview
An overseas student’s enrolment can be deferred, suspended or cancelled. This may be initiated byeither the overseas student for compassionate and compelling circumstances, or the registeredprovider for an overseas student’s breach of visa conditions, failure to pay fees, misbehaviour, orother condition listed in a registered provider’s policy.
Registered providers must manage the enrolment of overseas students and maintain up-to-dateenrolment information in the Provider Registration and International Student Management System(PRISMS) database.
Registered providers must:have a documented process for assessing, approving and recording a deferment, suspension
or cancellation of study
notify the overseas student in writing of the intention to suspend or cancel their enrolment
tell the overseas student to seek advice from the Department of Home Affairs on thepotential impact on their visa if enrolment has been deferred, suspended or cancelled
not let a suspension or cancellation take effect until the overseas student has been given achance to complete an internal appeals process, unless their health or wellbeing, or thewellbeing of others, is likely to be at risk.

Opportunity through learning

Last updated 24 January 2018

Standard 9: Deferring, suspending or cancels the overseas student’s enrolment

Key Requirements
Deferral, suspension or cancellation
Registered providers must maintain a record of any decisions to defer or suspend an overseas
student’s enrolment. Registered providers that defer or suspend an overseas student’s enrolment
must notify the Department of Education and Training through PRISMS.
The Department of Home Affairs is notified of a student whose course has been deferred,suspended or cancelled through PRISMS. An international student’s visa would not be cancelled if
the deferral is for compassionate or compelling reasons. If a registered provider defers or suspends a
student’s studies for compassionate or compelling reasons, the registered provider should ensure
the student visa holder has a valid CoE in PRISMS with a start date that reflects the student’s
intended date of return to studies. There is no maximum period for a deferral under compassionate
or compelling reasons, but the deferral must be assessed in accordance with the registeredproviders’ policies and procedures.
An international student’s visa may be cancelled if the deferral or suspension:

is due to the conduct of the student
is for reasons other than compassionate or compelling circumstances
the compassionate or compelling circumstances which warranted the deferral or suspensionof studies cease to exist
is based on fraudulent evidence or documents given to the registered provider.

Effect on Confirmation of Enrolment (CoE)Registered providers must tell overseas students that deferring, suspending or cancelling theirenrolment on any grounds may affect their student visa.
Under this standard of the National Code, there are three possible outcomes for an overseas
student’s CoE:
1. The registered provider notifies the Department of Education and Training through PRISMS
that they are deferring or suspending an overseas student’s enrolment for a period without
affecting the end date of the CoE. There will be no change to the CoE on PRISMS – theoverseas student will still be listed as studying. However, the notice of deferment orsuspension will be recorded in PRISMS.
2. The registered provider notifies the Department of Education and Training through PRISMS
that they are deferring or suspending an overseas student’s enrolment for a period which
will affect the end date of the CoE. PRISMS will cancel the original CoE and immediately
offer the registered provider the opportunity to create a new CoE with a more appropriate
end date. If the registered provider does not know when the overseas student will return, it
can choose not to create a new CoE at that point, but to wait until the overseas student has
notified the registered provider of the intended date of return before creating a new CoE.

2Standard 9: Deferring, suspending or cancels the overseas student’s enrolment
3. The registered provider notifies the Department of Education and Training through PRISMS
that it wishes to permanently cancel (terminate) the overseas student’s enrolment. Once
this process is complete, the overseas student’s CoE status will be listed as ‘cancelled’. If theoverseas student is under the age of 18, the cancellation of a CoE does not cancel a
Confirmation of Appropriate Accommodation and Welfare (CAAW), and the registeredprovider is still responsible for welfare arrangements until one of the conditions of Standard
5.6 are met.
Regardless of the reason, if an overseas student’s enrolment is deferred or suspended the period ofsuspension of enrolment (as entered in PRISMS) should not be included in attendance monitoring
calculations.

Student-initiated deferrals, suspensions or cancellations of their enrolment
Registered providers are able to defer or suspend the enrolment of an overseas student if there arecompassionate or compelling circumstances. Registered providers must assess the deferral ofcommencement of study or suspension of study for the overseas student in accordance with theregistered provider’s documented procedures for assessing and approving changes to enrolment.
‘Compassionate or compelling’ circumstances are generally those beyond the control of the overseas
student and which have an impact upon the overseas 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 overseas student wasunable to attend classes;
bereavement of close family members such as parents or grandparents (where possible adeath certificate should be provided);major political upheaval or natural disaster in the home country requiring emergency travel
and this has impacted on the overseas student’s studies;a traumatic experience, which could include:o involvement in, or witnessing of a serious accident; oro witnessing or being the victim of a serious crime, and this has impacted on theoverseas student (these cases should be supported by police or psychologists’reports)
where the registered provider was unable to offer a pre-requisite unit, or the overseas
student has failed a prerequisite unit and therefore faces a shortage of relevant units forwhich they are eligible to enrol.

These are only some examples of what may be considered compassionate or compelling
circumstances.
Registered providers should outline what is considered compassionate or compelling circumstancesin their own policies and use their professional judgement to assess each case on its individual
merits. When determining whether compassionate or compelling circumstances exist, registeredproviders should consider documentary evidence provided to support the claim, and should keepcopies of these documents in the overseas student’s file.

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Standard 9: Deferring, suspending or cancels the overseas student’s enrolment

Provider-initiated deferrals, suspensions or cancellations of enrolment
Registered providers may suspend or cancel an overseas student’s enrolment on the basis of, but
not limited to:

misbehaviour by the overseas student;
the overseas student’s failure to pay the required amount to undertake or continue thecourse as stated in the written agreement; ora breach of course progress or attendance requirements by the overseas student.

For any deferral, suspension or cancellation of enrolment initiated by the registered provider, theoverseas student must be given a notice of intention to report and 20 working days to access theregistered provider’s internal complaints and appeals process. This applies even if an overseas
student’s misbehaviour is grounds for immediate expulsion, unless the overseas student’s health orwellbeing, or the wellbeing of others, is likely to be at risk (as outlined below).
Generally, a registered provider may proceed with the deferral, suspension, or cancellation after theinternal complaints handling and appeals process has been completed – for example, in cases of
misbehaviour and non-payment. The only time a registered provider needs to wait for both theinternal and external complaints handling and appeals processes to be completed is for course
progress and/or attendance breaches.
The overseas student does not have to be given the opportunity to appeal a provider-initiateddeferral, suspension or cancellation of enrolment when the overseas student’s health or wellbeing,or the wellbeing of others, is likely to be at risk. The registered provider must keep evidence tosupport this.
This may include, but is not limited to when the overseas student:
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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 the provider tofear for the overseas student’s wellbeing;has engaged or threatens to engage in behaviour that is reasonably believed to endanger
the overseas student or others; oris at risk of committing a criminal offence.

Disclaimer
The Department of Education and Training provides general information and assistance to registeredproviders and overseas students on the National Code and the Education Services for Overseas
Students Act 2000.
However, such information or assistance should not be relied on as legal advice or as a substitute forlegal advice. Overseas students and education providers should seek independent legal advice asappropriate.

4Standard 9: Deferring, suspending or cancels the overseas student’s enrolment
The National Code fact sheets are designed to give registered providers practical guidance in day today operations. Registered providers should note that compliance will be measured against therequirements of the National Code, not against the fact sheets.

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