reporting process for non-paying students

The issue of non-paying students is being experienced by all colleges so it is important to ensure that as a provider you remain compliant in your processes.

DEEWR have recommended the following but request providers discuss this with them prior to any action by downloading this form http://www.aei.gov.au/aei/esos/EnquiryForm.aspx.

Reporting for non payment should be based on the "Student Course Variation (SCV) Report Options Quick Reference Guide" ("The Guide"). This guide is produced by DEEWR for the reference of providers and it can be downloaded from the PRISMS (https://prisms.deewr.gov.au/HTMLDocuments/SCV_QuickReferenceGuide.pdf.)

The Guide explains the ESOS Act requirement that for cases of "Provider decision to cease student enrolment" (for reasons other than reporting unsatisfactory attendance or course progress) the student can only be reported under section 19(1)(d) of the ESOS Act, using the corresponding :"student course variation" reporting code in PRISMS.

The specific scenarios dealt with under this sub-cartegory of section 19 of the ESOS Act are:

1. "Non payment of fees (Requires internal appeals process to be completed prior to report);
2. Disciplinary reasons (Requires internal appeals process to be completed prior to report);
3. Student has died;
4. No longer holding student visa; or
5. Provider unable to deliver course".

For situations covered under (a) and (b), the student must also be given a notice of intention to suspend or cancel the student's enrolment in accordance with the process set out at Standard 13.4 of the National Code, e.g 20 working days must elapse between the student receiving the notice and the provider issuing the appropriate SCV report.

For any of the above reasons, a section 20 Notice (for breach of a visa condition relating to attendance or course progress) should NOT be issued.

It is important for the providers to understand the difference between section 19(1) and section 19(2) of the ESOS Act.

Section 20 Notices can only be issued under section 19(2) of the ESOS Act - for breaching visa conditions relating to course progress or attendance; and before issuing the section 20 Notices, the provider must make sure that it has complied with all the requirements prescribed under Standards 10 or 11 of the National Code respectively.

If DIAC cancels a student visa for reasons of student breach of attendance or course progress conditions, this has more serious consequences for a students' future visa application rights than if their visa is cancelled due to the other circumstances provided for under section 19(1)(d) of the ESOS Act.