Legal Information for Australia Institute of Business and Technology (AIBT) Diploma of Nursing international students. A presentation delivered by Redfern Legal Centre's International Student Legal Service NSW on 14 March 2019. For further info see: https://rlc.org.au/article/australia-institute-business-and-technology-students
7. Tuition Protection Service
(TPS)
• Will assist you to find a suitable alternative course
• Will give you a refund for unspent tuition fees
• If you leave AIBT, you will not be covered by TPS
9. Transferring to Another Education
Provider
• In order to transfer, you need to have:
1. Completed six months of your course
2. Transfer to a course that is covered by the student visa
3. A letter of offer for your new education provider; and
4. A letter of release from AIBT
11. Certificate of Enrolment (CoE)
• Your enrolment can be deferred, suspended or cancelled if:
• You fail to pay your fees
• You fail to meet the minimum attendance requirement
• You engage in misconduct
12. CoE
• If AIBT cancels your enrolment, they must tell you:
• the cancellation may affect your student visa
• you have 20 working days to complain to them
• If you complain to them, the cancellation will be on hold
• You can raise a complaint with the Overseas Student Ombudsman if you
do not agree with the cancellation
13. Overseas Student Ombudsman
The OSO considers complaints about:
• Tuition Fees
• Decisions not to release a student from studies
• Cancellation of CoE
15. The Australian Consumer Law
• The Australian Consumer Law
• Schedule 2 to the Competition and
Consumer Act 2010 (Cth)
16. The Australian Consumer Law
• ‘Consumer guarantees’
• Misleading & deceptive conduct
• False or misleading statements
• Not fit for purpose
• Time limit = 3 years
17. Misleading & deceptive conduct
• Section 18(1) Australian Consumer Law
• A business must not do things that are
‘misleading or deceptive’
18. False or misleading statements
• Section 29 Australian Consumer Law
• A business must not make ‘false or misleading
statements’ about the service
19. Fit for purpose
• Section 61 Australian Consumer Law
• Services must be ‘fit for purpose’
20. Principals & agents
• Principal = supplier of services
• Agent = someone acting on behalf of Principal,
eg migration/education agent
• Principals may be responsible for actions of agents
21. Do you have a claim?
• What statements were made to YOU?
• Can you prove them?
• Did they breach the consumer guarantees?
23. Letter of demand
• Legal basis – s18(1), s29, s61
• Financial loss – list, total $
• Demand payment within 14 days
• If you do not pay, I will go to NCAT
24. NCAT or Local court
• NSW Civil and Administrative Tribunal (NCAT)
• Maximum compensation $40,000
• Each party pays own lawyer’s costs
• Informal, relaxed
• 3 – 6 months
25. NCAT or Local court
• Local Court
• Small Claims Division - up to $10,000
• General Division - up to $100,000
• Losing party pays winning party’s legal costs
26. NCAT application
• 3 page application form
• Lodge at NCAT Registry or online
• Fee $50 – $268
• Fee waivers for financial hardship
27. NCAT application
• Correctly name the ‘respondent’
• ASIC company or business name
extract – $
• Orders you want, eg order for payment of
money, exact amount
28. NCAT application
• Facts
• Evidence – now or later
• NCAT gives a copy of your
application to the respondent
30. Importance of evidence
• You have to prove your case with evidence
• Examples:
• Copies of internet pages
• Copies of emails and correspondence
• Copies of invoices and receipts
• Affidavit/statement about any relevant conversations
