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;

DHA means Department of Home Affairs

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 2018 established under the ESOS Act;

Navitas means Navitas Pty 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;

New Studies means a future course that You will study at another educational institution;

Non-tuition fees means any OSHC, accommodation placement, host registration fee or airport reception fees paid by You to Hawthorn-Melbourne;

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;

TPS means Tuition Protection Service;

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

Written Agreement means your Letter of Offer, these Conditions of Enrolment and the acceptance of offer documents together comprise your written agreement which is a legally binding contract between you and 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 ESOS Act 2000, the National Code 2018 and any applicable State and Territory requirements. 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. 

◊ Enrolment fee

The Hawthorn-Melbourne enrolment fee is payable once only and is only refundable in limited circumstances involving provider default.

◊ Tuition

If You wish to cancel Your enrolment with Hawthorn-Melbourne, the amount refunded will depend on the circumstances for cancellation and the number of weeks notice given.  

  • 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. This includes payment received from a third party, other than You.
  • In the event of late arrival there is no refund and study weeks missed will be forfeited.
  • In circumstances other than where Hawthorn-Melbourne ceases to provide a Course, refunds will be paid within four weeks of Hawthorn-Melbourne receiving Your written request.

◊ Non-Tuition Fees

If You wish to cancel Your enrolment with Hawthorn-Melbourne most non-tuition fees are non-refundable. Please see the Refund Summary Guide below.

◊ Accommodation

  • The Accommodation Placement Fee will be charged for every Accommodation Placement arranged by Hawthorn-Melbourne.
  • 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.
  • 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.

◊ Cancellation of enrolment by Hawthorn-Melbourne

  • 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 the following circumstances:

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

  • 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.


  • If You transfer to a course at another educational institution (excluding English language studies) and You have met the institution’s published IELTS, TOEFL or PTE 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.


  • If You have paid tuition fees for a Course, Hawthorn-Melbourne may allow You to defer in the following circumstances:
    • If You give Hawthorn-Melbourne at least four weeks’ written notice before the commencement of Your Initial 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 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 as required by Hawthorn-Melbourne. If approved, Hawthorn-Melbourne will advise the Department of Home Affairs (DHA) accordingly. Deferral 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, refund or transfer of fees.

Refund Summary Guide

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



Cancellation Charge

Enrolment fee



Visa refusal prior to course commencement (evidence of refusal required)


A$500 or 5% of the tuition and enrolment fee (whichever is the lesser)

More than four weeks prior to commencement


Full refund of tuition fees

Less than four weeks prior to commencement


30% cancellation fee, deducted from the tuition fees

After course has commenced



Late arrival



Transfer from a more expensive course to a less expensive course



Cancellation due to provider default



Cancellation due to breach of visa conditions and misconduct



Accommodation Placement Fee



Underage Students Host Registration Fee



Homestay Security Bond (less than two weeks notice provided)



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



Your address in Australia

While You are in Australia and studying with Hawthorn-Melbourne You must provide Hawthorn-Melbourne with Your contact details, including:

  • residential address, mobile number (if any) and email address (if any), 
  • who to contact in emergency situations

You must also advise Hawthorn-Melbourne of any changes to those details, within 7 days of the change.

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 DHA 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

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 You indemnify each of them against, any loss, damage, death, injury or liability which You may suffer or cause, in connection with or as a result of Your actions or failure to take reasonable care during:

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. Your attendance and occupation of any accommodation, whether short-term or long-term, arranged for You by Hawthorn-Melbourne.

In addition, You acknowledge that there are risks and hazards that arise in participation in any sporting, cultural, recreational activity organised by or on behalf of or with the assistance of Hawthorn-Melbourne or any activity of which Hawthorn-Melbourne may have knowledge (Recreational Activities) and that participation in such Recreational Activities may result in injury (serious and minor), loss of life and loss or damage to property. You voluntarily agree to assume the risk of any injuries, damages or loss, regardless of severity that You may sustain as a result of being a participant in such Recreational Activities and release Hawthorn-Melbourne, its related bodies corporate and its employees from any and all claims for injuries, damages, or loss You may sustain arising out of or connected with such Recreational Activities.

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;
b. 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 any loss, damage, death, injury or liability which You may suffer or cause, in connection with or as a result of Your actions or failure to take reasonable care during Your association with Hawthorn-Melbourne during the matters set out in paragraphs (a)–(c) above, or which You may suffer as a result of participation in Recreational Activities; and
c. indemnifies each of them against any loss, damage, death, injury or liability which You may suffer or cause in connection with or as a result of Your actions or failure to take reasonable care during Your association with Hawthorn-Melbourne during the matters set out in paragraphs (a)–(c) above, or as a result of Your participation in Recreational Activities

These terms and conditions, and the right to make complaints and seek appeals of decisions and action under various processes, do not affect Your rights to take action under the Australian Consumer Law if the Australian Consumer Law applies.

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.


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

Information collected about you on this form and during your enrolment may be shared, in certain circumstances, with the Australian Government and designated authorities and, if relevant, the Tuition Assurance Scheme, your Homestay provider or your further studies provider. In other instances information collected on this form or during your enrolment can be disclosed without your consent where authorised or required by law.

Other terms

  • Entry to all Courses is subject to Your placement test, together with consideration of any IELTS, TOEFL or equivalent test result.
  • Before accepting an Offer of a course, You must read these Conditions of Enrolment, sign the acceptance form found with the Letter of 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.
  • Hawthorn-Melbourne retains records of all written agreements as well as receipts of payments made by You, or on Your behalf, under the written agreement, for at least 2 years after You have completed studies.
  • 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.
  • It is a condition of your enrolment that if you have a disability, condition or illness that may affect your ability to study that this is disclosed to Hawthorn-Melbourne at the earliest opportunity.  Hawthorn-Melbourne will seek to make reasonable adjustments to allow you to learn effectively, to the extent that this does not cause undue hardship to Hawthorn-Melbourne.  Failure to disclose a disability, condition or illness that affects your ability to progress academically may result in the cancellation of your enrolment.  Further information can be found in our policy. 
  • 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.
  • 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.
  • Credit card payments attract a surcharge.
  • Hawthorn-Melbourne will use its best endeavours to advise You of any eligible refunds. Any refunds will be forfeited if not claimed within 12 months of the date You complete, cancel or withdraw from the course.
  • Hawthorn-Melbourne is closed on official public holidays and other dates listed at
  • 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.
  • You authorise Hawthorn-Melbourne to access the Visa Entitlement Verification Online (VEVO) system to check Your visa details. 

Complaints and appeals

Hawthorn-Melbourne has a complaints and appeals process in place to help students resolve their issues. More information can be found at: Hawthorn-Melbourne Complaints and Appeals Policy and Procedure

If You are not satisfied with any of the following

  • A decision by Hawthorn-Melbourne that affects You,
  • A service (teaching or support), or 
  • A facility at Hawthorn-Melbourne

You are asked to notify the appropriate person at Hawthorn-Melbourne first.

If You are not satisfied with the response You receive from Hawthorn-Melbourne, there are other actions You can take.

You can take Your complaint to the Overseas Students Ombudsman (OSO). Information on how the OSO can help You can be found at or, You can call 1300 362 072.

For matters of appeal that are unable to be assessed by the Overseas Students Ombudsman, Hawthorn-English agrees to advise You of an appropriate independent person or organisation to assist in finding a resolution to Your complaint.

Your entitlements if Hawthorn-Melbourne cannot deliver Your course and the Tuition Protection Service (TPS)

Australia is widely recognised as a world leader in protecting the tuition fees of overseas students through its Tuition Protection Service (TPS). The TPS assists overseas students whose registered education provider is unable to fully deliver their course of study, and ensures that overseas students are able to either:

  • complete their studies in another course or with another education institution, or
  • receive a refund of their unspent tuition fees. 

In the unlikely event Hawthorn-Melbourne is unable to deliver a course You have paid for on the dates and locations agreed with You other than a result of Your failure to attend or otherwise meet Your obligations under these Conditions of Enrolment, Hawthorn-Melbourne will promptly notify You in writing outlining Your options. These options will include:

  • where available, an offer for delivery of Your Course or an equivalent course at an alternative location or provider (You may choose to accept this offer or not); or
  • should You not accept this offer (or if such an offer is not available), a refund of unspent tuition fees.

If Hawthorn-Melbourne is unable to meet these obligations for some reason, the TPS will assist You in finding an alternative course or getting a refund if a suitable alternative is not found.

For more information on the TPS, visit or you can call (02) 6271 3440 for assistance.

Except as otherwise required by law, this clause sets out Your full entitlements should Hawthorn-Melbourne be unable to deliver your Course or part of Your Course.

Contact - All requests for refunds, deferrals or transfers

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

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 Home Affairs (DHA) of any change to Your study plan for which a student visa has been granted.

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


Updated: 27 July 2021

Hawthorn Learning Pty Ltd CRICOS Provider Code 02931G