Document ID: chunk:federal_register_of_legislation:F2017L01182:reg:5:p15
Version: federal_register_of_legislation:F2017L01182
Segment Type: reg
Provision Reference: reg 5 (pt 15/20)
Character Range: 57342–60606

opportunities for engaging with other overseas students while undertaking online or distance learning.

 Standard 9

 Deferring, suspending or cancelling the overseas student's enrolment

     9.1               A registered provider must have and implement a documented process for assessing, approving and recording a deferment of the commencement of study or suspension of study requested by an overseas student, including maintaining a record of any decisions.

     9.2               A registered provider may defer or suspend the enrolment of a student if it believes there are compassionate or compelling circumstances.

     9.3               A registered provider may suspend or cancel a student's enrolment including, but not limited to, on the basis of:
          9.3.1         misbehaviour by the student
          9.3.2         the student's failure to pay an amount he or she was required to pay the registered provider to undertake or continue the course as stated in the written agreement
          9.3.3         a breach of course progress or attendance requirements by the overseas student, which must occur in accordance with Standard 8 (Overseas student visa requirements).

     9.4               If the registered provider initiates a suspension or cancellation of the overseas student's enrolment, before imposing a suspension or cancellation the registered provider must:
          9.4.1         inform the overseas student of that intention and the reasons for doing so, in writing
          9.4.2         advise the overseas student of their right to appeal through the provider's internal complaints and appeals process, in accordance with Standard 10 (Complaints and appeals), within 20 working days.

     9.5               When there is any deferral, suspension or cancellation action taken under this standard, the registered provider must:
          9.5.1         inform the overseas student of the need to seek advice from Immigration on the potential impact on his or her student visa
          9.5.2         report the change to the overseas student's enrolment under section 19 of the ESOS Act.

     9.6               The suspension or cancellation of the overseas student's enrolment under Standard 9.3 cannot take effect until the internal appeals process is completed, unless the overseas student's health or wellbeing, or the wellbeing of others, is likely to be at risk.

 Standard 10

 Complaints and appeals

     10.1           The registered provider must have and implement a documented internal complaints handling and appeals process and policy, and provide the overseas student with comprehensive, free and easily accessible information about that process and policy.

     10.2           The registered provider's internal complaints handling and appeals process must:
          10.2.1     include a process for the overseas student to lodge a formal complaint or appeal if a matter cannot be resolved informally
          10.2.2     include that the provider will respond to any complaint or appeal the overseas student makes regarding his or her dealings with the registered provider, the registered provider's education agents or any related party the registered provider has an arrangement with to deliver the