Conditions of Enrolment

The following sets out the terms and conditions of Your enrolment in a course with Hawthorn Learning Pty Ltd ABN 50 124 208 171 (Hawthorn-Melbourne). In these terms and conditions:

Course means a course offered by Hawthorn-Melbourne in which You are or will be enrolled;

Course Fees means both the Tuition Fees and the non-tuition fees (if any) received by Hawthorn-Melbourne in respect of the student;

ESOS Act means the Education Services for Overseas Students Act 2000;

Initial Course means Your Course or, if you have a Multiple Course Enrolment, Your Course with the earliest commencement date;

Multiple Course Enrolment means enrolment in more than one Course offered by Hawthorn-Melbourne, whether the Courses are offered concurrently, consecutively or otherwise;

National Code means the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students established under the ESOS Act;

Navitas means Navitas Limited ABN 69 109 613 309;

Navitas English Entity means Navitas English Pty Ltd ABN 51 003 916 701 or Navitas English Services Pty Ltd ABN 13 002 069 730;

Principal Course means the main course of study to be undertaken where a student visa has been issued for multiple courses of study. The principal course of study would normally be the final course of study where the overseas student arrives in Australia with a student visa that covers multiple courses;

Tuition Fees mean Tuition Fees received in relation to a study period for a Course to be provided by Hawthorn-Melbourne; and

You means the student named in the enrolment form and, if the student is under 18 years of age, his or her parent or legal guardian named in the enrolment form and Your has a corresponding meaning. 

Cancellation and refunds

Hawthorn-Melbourne complies with the Refunds and Transfers Policy and Code of Conduct of English Australia, the ESOS Act, the National Code and any applicable State and Territory requirements. The Hawthorn-Melbourne enrolment fee is payable once only and is only refundable in limited circumstances involving provider default. To the extent of any inconsistency between these Conditions of Enrolment which is to Your detriment and any national, State or Territory requirements with which Hawthorn-Melbourne must comply, the national or State or Territory requirement prevails. 

Tuition

  • If You provide Hawthorn-Melbourne with at least four weeks’ written notice prior to the commencement of Your Initial Course, Hawthorn-Melbourne will provide You with a full refund of tuition fees for that Course and any subsequent Courses.
  • If You provide Hawthorn-Melbourne with less than four weeks’ written notice prior to the commencement of Your Initial Course, Hawthorn-Melbourne will provide You with a full refund of tuition fees for that Course and any subsequent Courses, less a 30 percent cancellation fee.
  • In circumstances other than where Hawthorn-Melbourne ceases to provide the Course, no refund is payable for any of Your Courses after Your Initial Course has commenced.
  • Except as required under the ESOS Act or the National Code, where You transfer from a more expensive Course to a less expensive Course, no refund of the difference is payable.
  • If Your visa application is denied, as prescribed in section 47E of the ESOS Act, a full refund of all pre-paid Course fees, less AU$500 or 5 percent of the total amount of pre-paid Course Fees received for the Course (whichever is the lesser), will be made provided that Hawthorn-Melbourne receives a copy of the Australian Embassy rejection letter.
  • In the event a refund is granted, the refund must be made to the same credit card number or bank account from which the original payment was made.
  • In the event of late arrival there is no refund and study weeks missed will be forfeited.
  • Hawthorn-Melbourne reserves the right to suspend or cancel Your enrolment because:

a.  You have failed to pay an amount You were liable to pay to Hawthorn-Melbourne (directly or indirectly) in order to undertake a Course;

b. You have breached a condition of Your student visa;

c. whilst You are under 18 years of age, You refuse to maintain Your approved care arrangements without sufficient reason acceptable to Hawthorn-Melbourne; or

d. Your behaviour is deemed unacceptable to Hawthorn-Melbourne, including but not limited to behaviour as described in the Hawthorn-Melbourne Code of Conduct as published and displayed in centres and at hawthornenglish.edu.au/policies

If Your enrolment is suspended or cancelled by Hawthorn-Melbourne in accordance with these Conditions of Enrolment, no refund of tuition fees is payable.

  • In circumstances other than where Hawthorn-Melbourne ceases to provide a Course, refunds will be paid within four weeks of Hawthorn-Melbourne receiving written request.
  • Hawthorn-Melbourne reserves the right to cancel a Course due to insufficient numbers. In this event, unless Hawthorn-Melbourne arranges for You to be offered a place in an alternative course at Hawthorn-Melbourne’s expense and You accept that offer in writing, Hawthorn-Melbourne will refund all Course money You have paid to date for the cancelled Course within two weeks of the date on which Hawthorn-Melbourne ceases to provide the Course.
  • In the unlikely event of provider default resulting in Hawthorn-Melbourne being unable to deliver all Courses in full in which You have enrolled, unless Hawthorn-Melbourne arranges for You to be offered a place in an alternative course at Hawthorn-Melbourne’s expense and You accept that offer in writing, You will be entitled to a full refund of all Course money You have paid to date. The refund will be paid within two weeks of the date on which Hawthorn-Melbourne ceases to provide the Course.
  • Entry to all Courses is subject to Your placement test, together with consideration of any IELTS, TOEFL or equivalent test result.

Transfers

  • If You transfer to a course at another educational institution (excluding English language studies) and You have met the institution’s published IELTS or TOEFL score, or you have achieved a satisfactory level of English through Hawthorn-Melbourne’s agreed pathways, You may be eligible for a transfer of the unused portion of pre-paid tuition fees, less an administration fee of 30 percent. You must provide Hawthorn-Melbourne with evidence acceptable to Hawthorn-Melbourne of valid enrolment from the new institution and Your current attendance rate at Hawthorn-Melbourne must be over 80 percent. Fees will only be transferred in full weeks. If you are granted a transfer, the remaining portion of Your tuition fees will be calculated from the commencement date of the new studies. You may not be released from enrolment at Hawthorn-Melbourne prior to the commencement date of the new studies.
    • In addition, if You are under 18 years of age You must have written evidence acceptable to Hawthorn-Melbourne that Your parent or legal guardian supports the transfer and written confirmation that the new institution will accept responsibility for approving your accommodation, support and general welfare arrangements if You are not being cared for in Australia by a parent or suitable nominated relative or legal guardian.
    • In addition, if You are sponsored by Your government, and Your government considers the transfer to be in Your best interests and You provide Your government’s written support for the transfer acceptable to Hawthorn-Melbourne, then the remaining portion of Your tuition fees from the commencement date of the new studies may be transferred to the new course.
  • If You are successful in gaining entry to another Navitas college (other than a Navitas English Entity) or Navitas university program, You may be eligible for a transfer of all remaining pre-paid tuition fees to the new Navitas location (other than a Navitas English Entity).
  • Course fees are not transferable to another person nor to another English language centre, except for a Navitas English Entity.
  • You will not be allowed to transfer to another institution in the first six months of Your Principal Course of study (except for situations outlined above). If Your Course at Hawthorn-Melbourne is a prerequisite course in a package of courses, You will not be allowed to transfer to another provider except in limited circumstances as outlined in the Hawthorn-Melbourne Transfers Between Registered Providers Policy and Procedure.

Deferrals/postponements

  • If You have paid tuition fees for a Course, Hawthorn-Melbourne may allow You to defer or postpone Your commencement of that Course in the following circumstances:
    • If You give Hawthorn-Melbourne at least four weeks’ written notice before the commencement of the Course (You will have to pay any increase in tuition fees from the time of deferment to Your commencement of the Course);
    • If You cannot start your Course on the agreed start date because there is a delay in receiving Your student visa before Your Course commences; or
    • If You have compassionate or compelling circumstances, such as: death in your immediate family (father, mother, child, sibling, spouse only); natural disaster in your home country; You or Your dependant family member is seriously ill; You become pregnant; or You become a victim of a serious crime or trauma.
  • Approval for deferral or postponement of a Course is at the sole discretion of Hawthorn-Melbourne. You must provide Hawthorn-Melbourne with documented evidence in support of your application for deferral or postponement as required by Hawthorn-Melbourne. If approved, Hawthorn-Melbourne will advise the Department of Immigration and Border Protection (DIBP) accordingly. Deferral or postponement may only be granted for a maximum of six months from the date permission is granted. Unless expressly stated otherwise in these terms and conditions, You will not be entitled to any further deferral, postponement, refund or transfer of fees.

Accommodation

  • No refund will be made on the accommodation placement fee.
  • Weekly homestay fees are payable directly to your host family. You will be required to pay the equivalent of four weeks on arrival. This includes two weeks as security bond and two weeks Homestay fees in advance. The bond is refundable at the end of the Homestay arrangement provided there is no money owing for unpaid rent, bills or damage.
  • If You wish to leave Your homestay at any time, You are required to give two weeks’ notice to Your homestay family. In the event You leave the homestay without giving appropriate notice, the bond is non-refundable.
  • The Accommodation Placement Fee will be charged for every Accommodation Placement arranged by Hawthorn-Melbourne.
  • An additional fee is charged for registering parent-nominated homestay hosts who are not already registered with Hawthorn- Melbourne.

Airport transfer

No refund of airport transfer fees will be made if You do not notify Hawthorn-Melbourne of Your flight details or any change of details at least two working days before arrival.

Representative

If You enrol through a representative, the refund may be paid to that representative. Monies will be refunded in the currency in which they were paid.

The table below is provided as a guide only. This document in its entirety sets out the terms and conditions of Your enrolment with Hawthorn-Melbourne

Summary

Refund

Cancellation Charge

Enrolment fee

No

N/A

Visa refusal prior to course

commencement (evidence of refusal required)

Yes

A$500 or 5% of course fees (whichever is the lesser)

More than four weeks prior to

commencement

Yes

Full refund of tuition fees

Less than four weeks prior to

commencement

Yes

30% cancellation fee, deducted from the tuition fees

After course has commenced

No

N/A

Late arrival

No

N/A

Transfer from a more expensive

course to a less expensive course

No

N/A

Cancellation due to provider default

Yes

N/A

Cancellation due to breach of visa

conditions and misconduct

No

N/A

Accommodation Placement Fee

No

N/A

Underage Students Host

Registration Fee

No

N/A

Homestay Security Bond (less than two weeks notice provided)

No

N/A

Airport transfer – more than two days prior to airport transfer date

Yes

N/A

Change of address

You must advise Hawthorn-Melbourne of Your current contact details, including residential address, phone number and email address, on arrival and if You change Your contact details You must notify Hawthorn-Melbourne immediately. Your failure to notify Hawthorn-Melbourne that You have changed Your address may result in automatic cancellation of Your visa without prior notice.

Young student care arrangements

If You are under 18 years of age, the parent or legal guardian named in the enrolment form must nominate, in writing, either:

  • a suitable relative (agreed by DIBP at the time of the visa application), living in the city in which You will be studying and who will be responsible for Your welfare whilst studying at Hawthorn-Melbourne; or
  • request that Hawthorn-Melbourne make arrangements for Your care and welfare (including registering family friends as hosts) For further information, see hawthornenglish.edu.au/UnderageStudents

Force Majeure

Hawthorn-Melbourne will not be liable to You in any manner whatsoever for any failure or delay, or for the consequences of any failure or delay, in performance of any contract with You if it is due to any event beyond our reasonable control including, without limitation, strikes, lockouts or other industrial action or disputes (whether involving our workforce or any other party), acts of God, pandemic, quarantine or widespread illness (whether affecting our staff and/or student body or otherwise), governmental requisitioning, emergency planning or provision, war, protests, fire, flood, storm, tempest, explosion, an actual, suspected or threatened act of terrorism, riot, civil commotion, national emergencies, breakdown of plant or machinery, or default of suppliers or sub-contractors, provided that Hawthorn-Melbourne:

a. gives prompt written notice thereof, and
b. takes all steps reasonably necessary to mitigate the effects of the force majeure event
c. If a force majeure event extends for a period in excess of 30 days in the aggregate, either party may immediately terminate this Agreement upon written notice.

Indemnity and release

In consideration of Hawthorn-Melbourne accepting Your application for enrolment as a student and providing tuition to You, You will not hold Hawthorn-Melbourne, its related bodies corporate, their employees or agents liable for nor make any claim against any of them, and indemnify each of them against, any loss, damage, death, injury or liability which You may suffer or cause, in connection with Your association with Hawthorn-Melbourne, including:

a. Your attendance at any premises owned, operated or controlled by Hawthorn-Melbourne;
b. Your attendance at any activity, whether sporting, cultural, recreational or otherwise, organised by or on behalf of or with the assistance of Hawthorn-Melbourne or any activity of which Hawthorn-Melbourne has any knowledge; and
c. any accommodation, whether short-term or long-term, arranged for You by Hawthorn-Melbourne.

If You are under 18 years of age, the parent or legal guardian named in the enrolment form requests that Hawthorn-Melbourne enrol You as a student of Hawthorn-Melbourne. In consideration of Hawthorn-Melbourne agreeing to enrol You, the parent or legal guardian:

a. guarantees Your obligations under these terms and conditions of enrolment;
will not hold Hawthorn-Melbourne, its related bodies corporate, their employees or agents liable for nor make any claim against any of them in connection with Your association with b. Hawthorn-Melbourne, including the matters set out in paragraphs (a)–(c) above; and
c. indemnifies each of them against any loss, damage, death, injury or liability which You may suffer or cause in connection with Your association with Hawthorn-Melbourne, including the matters set out in paragraphs (a)–(c) above.

These terms and conditions, and the availability of complaints and appeals processes, do not remove Your right to take action under Australia’s consumer protection laws.

These terms and conditions are governed in all respects by and interpreted in accordance with the laws of the state in which the centre You attend is located in the Commonwealth of Australia.

Privacy

The information You provide on this enrolment form and otherwise in connection with Your enrolment (including personal information, Course enrolment details and changes, Course progress details, and the circumstances of any suspected breach by You of a student visa condition) will be used to process Your enrolment at Hawthorn-Melbourne, provide You with educational services and, in the case of Homestay students, to enable Hawthorn-Melbourne and a Homestay provider to provide You with Homestay facilities. Your enrolment may be delayed if the information provided is incomplete. This information will be dealt with in accordance with the Privacy Act 1988 and Hawthorn-Melbourne’s privacy policy which can be found at hawthornenglish.edu.au. It may be made available by Hawthorn-Melbourne to the Australian government (for example to Australian immigration and education authorities) in connection with Your visa, as required by the National Code or the ESOS Act, if required, to the Tuition Protection Service or, in the case of students who have booked Homestay, to Your Homestay provider, or in the case of students who have nominated to study further in Australia, to Your further studies institution. Hawthorn-Melbourne may send You information about its programs or other related courses. You may request not to receive further information at any time.

Other terms

  • Before accepting an Offer of a course, you must read the Conditions of Enrolment as found on the Letter of Offer, sign the acceptance form found with the Offer and return it to Hawthorn-Melbourne with payment for the course.
  • Payment must not be made to Hawthorn-Melbourne prior to You returning the signed acceptance form which is included with your letter of offer.
  • It is a condition of Your enrolment at Hawthorn-Melbourne that You comply with all Hawthorn-Melbourne regulations and policies as notified to You by Hawthorn-Melbourne.
  • Hawthorn-Melbourne may, by notice to You in writing, which notice may be given on the Hawthorn-Melbourne website, vary these terms and conditions or any Hawthorn-Melbourne regulations or policies. A variation takes effect on the day specified in a notice.
  • If You are applying for an ATTC Course, You may need to take a separate entry test.
  • Hawthorn-Melbourne reserves the right to change start dates (with Your agreement), Course curricula, Course timetables and any programs at any time.
  • All prices are stated in Australian Dollars (AU$) and subject to change without notice.
  • All credit card transaction attract a surcharge.
  • Hawthorn-Melbourne is closed on official public holidays and other dates listed in the Dates section of this brochure and available at hawthornenglish.edu.au/fees&dates
  • 10 percent Goods and Services Tax (GST) applies to Airport Transfer, and Accommodation Placement Fees.
  • Photographs, videos and testimonials provided by You or taken by Hawthorn-Melbourne may be used for marketing and promotion purposes.

Contact

All requests for refunds, deferrals, postponements or transfers must be made in writing addressed to:

Admissions Manager
Hawthorn-Melbourne
Locked Bag 12,
Hawthorn VIC 3122 Australia
Email: admissions@hawthornenglish.vic.edu.au

Supporting documents as specified by Hawthorn-Melbourne must be included with the request. If You are under 18, the written request must be made by the parent or legal guardian who signed Your original enrolment form. Hawthorn-Melbourne will:

  • Notify You in writing of the outcome of the request within 10 working days and where necessary, give reasons for the outcome.
  • Notify the Department of Immigration and Border Protection (DIBP) of any change to Your study plan for which a student visa has been granted.

A refund, transfer, deferral, postponement, suspension or cancellation of Your Course may affect Your student visa. DIBP will assess Your situation individually in accordance with the DIBP student visa policies. You are advised to seek advice from DIBP before making any changes to Your Course. For more information visit the DIBP website at border.gov.au or phone 131881.

 

Updated: 17 December 2016

Hawthorn Learning Pty Ltd CRICOS Provider Code 02931G