Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 27

Provider default

             (1)  This Division applies to an overseas student or an intending overseas student in relation to a course if:

                     (a)  the course does not start on the agreed starting day; or

                     (b)  the course ceases to be provided at any time after it starts but before it is completed; or

                     (c)  the course is not provided in full to the student because a sanction has been imposed on the registered provider under Part 6;

and the student has not withdrawn before the default day.

Student default

             (2)  This Division also applies to an overseas student or an intending overseas student in relation to a course if:

                     (a)  the course starts on the agreed starting day, but the student does not start the course on that day (and has not previously withdrawn); or

                     (b)  the student withdraws from the course (either before or after the agreed starting day); or

                     (c)  the registered provider of the course refuses to provide, or continue providing, the course to the student because of one or more of the following events:

                              (i)  the student failed to pay an amount he or she was liable to pay the provider, directly or indirectly, in order to undertake the course;

                             (ii)  the student breached a condition of his or her student visa;

                            (iii)  misbehaviour by the student.

             (3)  In this Division:

"agreed starting day" means the day on which the course was scheduled to start, or a later day agreed between the registered provider for the course and the student.

"default day" means:

                     (a)  the agreed starting day, if paragraph (1)(a) or (2)(a) applies; or

                     (b)  the day on which the course ceased to be provided, if paragraph (1)(b) or (c) applies; or

                     (c)  the day on which the student withdraws from the course, if paragraph (2)(b) applies; or

                     (d)  the day on which the registered provider of the course refuses to provide, or continue providing, the course to the student, if paragraph (2)(c) applies.