Appeals
External Student Appeals Service – Complaints (for Australian students)
If you are an Australian (Australian citizen or permanent resident) student wishing to lodge a complaint against a provider, please click here to download and complete the complaints form.
External Student Appeals Service – External Review (for international students)
This is a service for ACPET members only.
ACPET Information about External Review
How do I apply for External Review (to download an Application for External Review form)?
The External Review Process was introduced by the National Code of Practice for Registration Authorities and Registered Providers of Education and Training to Overseas Students 2007 (the National Code 2007).
Registered Providers (Education Institutions /Registered Training Organisations) must inform overseas students enrolled in their course of the Registered Provider’s intention to report the student for unsatisfactory academic progress/attendance.
Prior to reporting students to the Secretary of the Department of Education, Employment and Workplace Relations (DEEWR) for unsatisfactory academic progress/attendance, which will ultimately alert the Department of Immigration and Citizenship (DIAC), Registered Providers must offer students access to a complaints handling and appeals process.
Standard 8.2 – National Code 2007 requires Registered Providers to have arrangements in place, that are independent and external to the Registered Provider to hear complaints or appeals arising from the Registered Provider’s internal complaints and appeals process.
Standard 8.3 – National Code 2007 - If a student is not satisfied with the outcome of the internal complaint handling and appeals process, the Registered Provider must advise the student of his or her right to access the external appeals process.
Many private education Registered Providers have chosen The Australian Council for Private Education & Training (ACPET) as the body to conduct external review.
ACPET administers the applications received for external review and refers the complaints to a panel of independent External Reviewers to undertake external review in accordance with the National Code 2007.
ACPET and the External Reviewer are independent from the Registered Provider, the Department of Education, Employment and Workplace Relations (DEEWR) and the Department of Immigration and Citizenship (DIAC).
The External Reviewer is a member of the External Review Panel. The External Reviewer is separate and independent from ACPET.
The External Reviewer has no personal or professional interest in the outcome of the complaints or appeals process and has no influence on the policy setting of the Registered Provider. The External Reviewer is separated in structure from both parties involved in the complaints and appeals process and is financially and administratively independent of the Registered Provider.
ACPET’s involvement in the external review process is to administer the applications made by students and to forward the applications and supporting documents to the External Reviewer. ACPET has no involvement in the decision making process.
To ensure fair and equal treatment of students and Registered Providers, and to avoid conflicts of interest, the members of the External Review Panel do not currently have or in the past had any dealings with the student or Registered Provider in relation to the nature of complaint.
Members of the External Review Panel are practising lawyers with thorough knowledge and understanding of the National Code 2007 and the relevant provisions of the Migration Act and Regulations relating to student visas.
ACPET will accept applications for review by students from Registered Providers that have nominated and consented to ACPET as the external review body as part of Standard 8 of the National Code 2007.
If the Registered Provider has not listed, nominated or consented to ACPET as the external review body, ACPET is unable to accept applications for review by students from these Registered Providers. These students are advised to seek advice from their Registered Provider for further information regarding the Complaints and Appeals process, or contact DEEWR.
If the Registered Provider has listed and consented to ACPET as the external review body in their Complaints and Appeals Policy and Procedure, the student may apply for External Review.
Students are encouraged to resolve matters directly with their Registered Provider prior to seeking external review. The student should seek external review once they have exhausted all avenues of internal appeals with the Registered Provider.
If a student has not been successful in the internal appeals process, the Registered Provider must inform the student of their right to access an external review in accordance with the National Code 2007.
To apply for External Review a student must complete an application form and pay a lodgement fee $200 to ACPET. A student must provide handwritten signatures for the following sections of the application form:
· Consent to ACPET to Access Student File from Education Provider
· Terms and Conditions
An application for external review may be lodged via an email student [dot] appeals [at] acpet [dot] edu [dot] au or posted to Student Appeals, ACPET, PO Box 551, East Melbourne Vic 8002.
Once an application is made, ACPET will advise the Registered Provider of the external review application made by the student. Both the student and Registered Provider are requested to provide documents in support of the application within 14 days, including student files and records, to ACPET. ACPET will then forward all documents to an available External Reviewer.
The External Reviewer considers the documents and makes a determination. The decision and determination is forwarded to ACPET. ACPET sends the decision to all parties.
Turnaround time for an appeal is within 4 to 6 weeks of lodgement.
The following flowchart gives a visual representation of the process from when the students first lodge and appeal.
External Reviewer fees $330.00 (includes GST)
ACPET Administration costs $70.00 (includes GST)
Total costs: $400.00 (includes GST)
Student pays 50%
Provider pays 50%
Student must pay $200.00 upon lodgement of application for external review.
Provider will be invoiced at end of month - must pay within 7 days of invoice - $200.00
The External Review process is currently being utilised for decisions relating to Standard 10 and Standard 11 of the National Code 2007. In some circumstances, external review has been used for Standard 7 related issues.
Standard 10 relates to a student’s course progress. If a student has not achieved satisfactory course progress, the Registered Provider may report the student for breach of their student visa condition. In these circumstances, the External Reviewer will examine whether the Registered Provider had offered counselling to the student, have a documented intervention strategy and activated the intervention strategy for the student, issued a notice of intention to report letter, provided access to internal review, and complied with the Registered Provider’s own policy and procedure in complaints handling.
Standard 11 relates to a student’s attendance. If a student has not achieved satisfactory attendance, the Registered Provider may report the student for breach of their student visa condition. In these circumstances, the External Reviewer will examine whether the Registered Provider had offered counselling to the student, issued warning letters, issued a notice of intention to report letter, provided access to internal review, and complied with the Registered Provider’s own policy and procedure in complaints handling.
The External Reviewer is restricted to base their decisions and determinations on the Registered Provider’s process and procedures. The role of the External Reviewer is to review the policies and procedures of the Registered Provider and how these policies and procedures were applied in relation to the conduct of the student’s matter. The External Reviewer is unable to consider the claims raised by the student in relation to any compelling or compassionate circumstances that may have arisen during the student’s course of study. The External Reviewer will not make a decision in place of the Registered Provider.
For example, if a student appeals against his or her subject results or attendance rate and goes through the Registered Provider’s internal appeals process, the External Reviewer would look at the way in which the internal appeal was conducted; it would not make a determination as to what the subject result or attendance rate should be.
The External Reviewer will determine whether the Registered Provider has complied with Standards 10 or 11 and Standard 8 of the National Code 2007.
When the External Reviewer makes a decision, it prepares a written record of the decision and the reasons for the decision. The decision outcomes include to “affirm” or to “remit” the decisions.
If the External Reviewer “affirms” the decision, it has decided that the Registered Provider’s decision should not be changed. This means the Registered Provider has not breached the relevant Standards of the National Code and the effect of this is that the Registered Provider’s decision remains in force. The student is unsuccessful in their appeal for external review.
If the External Reviewer “remits” the decision, it has decided that the Registered Provider’s decision should be reconsidered. This means the student has been successful in their appeal for external review, as the Registered Provider may not have followed the proper policies and procedures in the handling of the student’s matter. In these circumstances, the Registered Provider is required to reconsider the student’s matter having regard to any direction or recommendation made by the External Reviewer.
If a matter has been remitted to the Registered Provider for reconsideration, the Registered Provider must immediately implement any decision and/or take corrective and preventative action required and advise the student of the outcome.
The recommendations may include “show cause” or “allow access to internal appeals”. This means the Registered Provider must allow the student an opportunity to present his/her claims to the Registered Provider and/or be given access to the Registered Provider’s internal complaints and appeals process.
The Registered Provider must follow the proper policies and procedures in the handling of the student’s matter prior to reporting a student for unsatisfactory attendance or course progress.
The External Reviewer will not make a decision as to whether the student should be reported for unsatisfactory attendance or course progress. This decision can only be made by the Registered Provider.
A copy of the decision will be provided to both the student and the Registered Provider.
If the decision is to affirm the Registered Provider’s decision, the Registered Provider may continue with its decision to report the student for unsatisfactory course progress/attendance.
If the decision is to remit the decision to the Registered Provider for reconsideration, the Registered Provider must immediately implement any decision and/or take corrective and preventative action required.
No further appeals are allowed for the same decision. However, if a matter has been remitted to the Registered Provider, and the Registered Provider has failed to implement any decision and/or take corrective and preventative action required, the student may lodge a new appeal for external review. This will be treated as a new appeal, attracting a new application form and fee.
If you are dissatisfied with your Registered Provider’s policies and procedures, you may contact the DEEWR through the ESOS mailbox: esosmailbox [at] deewr [dot] gov [dot] au or through the ESOS helpline (02) 6240 5069.