The legislation and related materials set out and referred to on this page summarise some of the legislative requirements and standards for the quality assurance of education and training institutions offering courses to international students who are in Australia on a student visa. The legislation includes references to the Education Services for Overseas Students Act 2000 (Cth) and the National Code of Practice for Providers of Education and Training to Overseas Students 2018 (Cth).

Australia provides rigorous protection for international students, which enhances Australia’s reputation for quality education, provides tuition protection and supports the integrity of the student visa program.

The legislation applies only to students who are enrolled in an onshore Australian program and study in Australia on a student visa. This legislation does not apply to students undertaking programs offshore or in Australia on a visa other than a Student Visa or who may be studying off shore online during covid-19 pandemic. This legislation enables the Department of Education and Training to take action against providers who are found to be in breach of their obligations.

This guide is set out to summarise some of the rights of students studying at IMC but is not designed to be a comprehensive list. In this respect, for further information refer to the Department of Education materials which provides further guidance on the rights and responsibilities of international students.

Under Australian laws, IMC must have a written agreement with you outlining the services IMC will provide, all the fees you are required to pay, and conditions for refunds of money you pay for the course.

The written agreement is a legal contract. You should read it carefully and make sure you fully understand what it says before signing it. You and IMC must follow whatever is set out in the written agreement once you have accepted it, so you should keep a copy of it. Should you ever make a complaint about IMC, you will need to refer to your written agreement.

Even before you enrol with IMC, under Australian law you have the right to:

• receive current and accurate information about the courses, entry requirements, all fees and modes of study from IMC and IMC’s agent before you enrol;
• enter an agreement with IMC before or at the time you pay fees. You do not have to pay IMC any money or fees until you accept the agreement;
• seek a refund in certain situations for course money you have paid. Information about refund arrangements must be included in your agreement.

Under Australian law, IMC must offer you support services to help you adjust to study and life in Australia, achieve your learning goals and maintain satisfactory progress in your learning.

This support is available because IMC recognise that Australia may be a new environment for students, with different laws, culture and customs. IMC must give you advice on:

• support and welfare services available at IMC
• legal services
• emergency and health services
• facilities and resources
• relevant student related policies including in relation to academic progress
• complaints and appeals processes
• any student visa condition that relates to the course you are studying
• services international students can access for information on their employment rights and conditions,
• and how to resolve workplace issues, such as through the Fair Work Ombudsman (from 1 January 2018).

IMC also offer career advice and counselling services. You should ask whether IMC can help advise you on working and careers and any other issues you may have.

As an international student on a student visa, you must adhere to all of IMC’s rules and policies for students including that you:

• comply with your student visa conditions at all times.
• ensure you have and continue to maintain Overseas Student Health Cover (OSHC) for the time in which you are in Australia
• tell IMC of any change of address or contact details within 7 days
• meet the terms of your written agreement with your education institution
• maintain satisfactory course progress and attendance.

If you breach any of your student visa conditions, IMC will review the circumstances and this may result in the cancellation of your Confirmation of Enrolment (CoE). Additionally, IMC will continue to monitor international students progress to ensure that students finish within the duration of their confirmation of enrolment.

Australia is widely recognised as a world leader in protecting the tuition fees of international students through its Tuition Protection Service (TPS). The TPS assists international students in the unlikely event that IMC are unable to fully deliver their course of study, and ensures that international students are able to either complete their studies in another course or with another education institution, or receive a refund of their unspent tuition fees.

The Redfern Legal Centre provides free, confidential advice to international students in NSW about housing problems, fines, debts, car accidents, employment, discrimination, family law, domestic violence, and complaints about colleges or universities. For advice, please call them on (02) 9698 7277 or go directly to their offices, located at 73 Pitt Street, Redfern. For more information on Redfern Legal Centre, please visit their website: https://rlc.org.au/our-services/international-students

All international students in Australia must have Overseas Student Health Cover to cover the entire period of their stay. IMC can help arrange Overseas Student Health Cover for international students. BUPA is currently IMC’s preferred provider. The Department of Home Affairs requires that all student visa holders must have Overseas Student Health Cover.

It is important that you understand what your visa entitles you to do, and what you are not permitted to do. In some instances, IMC is required to report breaches of Student Visa conditions to the Department of Home Affairs. You should take the time to familiarise yourself with visa requirements by visiting the website http://www.homeaffairs.gov.au/.
Main points you should be aware of include:

• Keep your contact information updated. You can change your personal information via the Student Portal https://student.imc.edu.au/.
• Remain enrolled in a full time study program and attend classes in accordance with IMC attendance policy. You must maintain satisfactory academic progress. For more details, please refer to our Student Progression, Exclusion and Graduation Policy and Procedures.
• You are responsible for renewing your visa when it is close to expiry; see Department of Home Affairs website http://www.homeaffairs.gov.au/ for information.
• You are responsible for informing IMC of any changes you wish to make to your course or enrolment. Department of Home Affairs must have accurate information on your course at all times. IMC can then relay any information provided by you after issuing the necessary approvals.
• You are responsible for your finances and the care of your dependents. As part of your visa requirements you must show that you have the necessary financial capacity to support yourself and your dependents during your study. You are to also ensure that any school aged children are to be enrolled in and attending school. You will need to pay for all necessary school fees. Your dependents will need to leave Australia at the time that you are required to do so.
• You are required to complete 6 months of study at a recognised higher education provider before you are able to transfer to another higher education provider.
• You must maintain adequate Overseas Students Health Cover (OSHC) throughout the term of your student visa.

As an international student, you also cannot work more than 48 hours a fortnight when your course of study or training is in session.

A course of study is in session:

• for the duration of the school semesters (including when exams are being held)
• you take another course that will count towards your main course during a term break.

A fortnight is a period of 14 days starting on a Monday.

An example of a student visas holder’s 48 hours a fortnight working limit is:

• week 1: 15 hours work
• week 2: 30 hours work
• week 3: 30 hours work
• week 4: 10 hours work.

The student may not have breached their work conditions in the fortnight comprising the 14 days of weeks 1 and 2 (45 hours worked) or in the fortnight comprising the 14 days of weeks 3 and 4 (40 hours). However, if in session the student will be in breach of their work conditions, in the fortnight comprising the 14 days of weeks 2 and 3 (60 hours worked).

For more information, please refer to https://immi.homeaffairs.gov.au/.