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 Services Pty Ltd means Navitas English Services Pty Ltd ABN 13 002 069 730;
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 Application Form, 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.
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.
The Hawthorn-Melbourne enrolment fee is payable once only and is only refundable in limited circumstances involving provider default.
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 wish to cancel Your enrolment with Hawthorn-Melbourne most non-tuition fees are non-refundable. Please see the Refund Summary Guide below.
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.
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 You transfer to a course at another education provider (excluding English language studies) and You have met the education provider’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 Your unspent pre-paid tuition fees, less an administration fee of 30 percent. You must provide evidence acceptable to Hawthorn-Melbourne of a valid enrolment from the new education provider 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 unspent pre-paid tuition fees will be calculated from the commencement date of Your course with the new education provider. You may not be released from Your enrolment at Hawthorn-Melbourne prior to the commencement date of Your course with the new education provider.
You will not be allowed to transfer to another education provider 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 education 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.
When applying for a deferral due to compassionate or compelling circumstances, You will need to provide the appropriate documentation which supports Your request. Examples of appropriate documentation include but are not limited to:
Approval for deferral of a Course is at the sole discretion of Hawthorn-Melbourne. If approved, Hawthorn-Melbourne will advise the Department of Home Affairs 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.
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 the tuition and enrolment fee (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 |
While You are in Australia and studying with Hawthorn-Melbourne You must provide Hawthorn-Melbourne with Your contact details, including:
You must also advise Hawthorn-Melbourne of any changes to those details, within 7 days of the change.
If You are under 18 years of age, the parent or legal guardian named in the enrolment form must nominate, in writing, either:
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.
Hawthorn-Melbourne and its parent company Navitas Pty Limited manages the security of Your privacy. As outlined in our Privacy Policy, the information You provide us will allow us to assess Your application and provide You with an outcome.
We will also be able to provide You with the information about the course You have applied for; Hawthorn-Melbourne; Your further studies provider and our local community. It is really important that You read and understand the Privacy Policy. If You have questions about the Privacy Policy please email: privacy@navitas.com and ask Your question.
In addition, with Your consent, information collected on Your Application form and during Your enrolment, which may include Your academic results and attendance record, may be provided to Your further studies education provider, Your sponsor or Your education agent.
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 Process for Overseas Students
If You are not satisfied with any of the following
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 www.oso.gov.au 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.
Australia has a well-established international education sector and for many years has been a world leader in protecting the tuition fees of international students studying on a student visa. The Tuition Protection Service (TPS) is an initiative of the Australian Government to assist international students whose education providers are unable to fully deliver their course of study. The TPS ensures that international students are able to either:
In the unlikely event Hawthorn-Melbourne is unable to deliver a course You have paid and does not meet its obligations to either offer You an alternative course that You accept, or, pay You a refund of Your unspent prepaid tuition fees, the TPS will assist You in finding an alternative course or to get a refund of the amount if a suitable alternative is not found.
For more information on the TPS, visit www.tps.gov.au or TPS - Student Information 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.
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:
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 www.homeaffairs.gov.au or phone 131881.
Updated: 13 August 2021
Hawthorn Learning Pty Ltd (ABN 50 124 208 171), CRICOS Provider Code 02931G
