5.3
Where the RTO collects fees from the individual learner, either directly or through a third party, the RTO provides or directs the learner to information prior to enrolment or the commencement of training and assessment, whichever comes first, specifying:
a) all relevant fee information including:
i) fees that must be paid to the RTO; and
ii) payment terms and conditions including deposits and refunds;
b) the learner’s rights as a consumer, including but not limited to any statutory cooling-off period, if one applies;
c) the learner’s right to obtain a refund for services not provided by the RTO in the event the:
i) arrangement is terminated early; or
ii) the RTO fails to provide the agreed services.
5.4
Where there are any changes to agreed services, the RTO advises the learner as soon as practicable, including in relation to any new third party arrangements or a change in ownership or changes to existing third party arrangements.
Strategy
In order for a client to make an informed decision on course selection and enrolment, the RTO will ensure that clients are provided with the information they need to make that decision.
Policy And Procedures
Enrolment & Selection – 5.3 (S)
1. The student is responsible for notifying Optimistic Futures Pty Ltd if they have a medical condition or disability or require assistance in their training.
2. A deposit must accompany enrolment to secure a placement within a course; this fee is also the Administration Fee.
3. It is the student’s responsibility to note the date, time and location of the course as advertised.
4. Courses with low enrolments may be cancelled, every effort will be made to contact students, please ensure your contact details are correct.
5. Requests from the student to transfer or credit their course placement due to changed personal circumstances will be considered and every effort will be made to ensure a placement into an alternative course.
6. If you are unable to complete your course, due to changed personal circumstances, the RTO will make every effort to ensure you are placed into an alternative pre-scheduled course.
7. Students can only join after course commencement date if they meet all prerequisites. Full course fees are still payable for late enrolments.
8. The RTO reserves the right to decline admission to a course, terminate a student’s enrolment in a class or change a Trainer/Assessor at any time without notice.
9. Students participate in courses involving physical activity; field trips, practical demonstrations etc. and do so at their own risk. Optimistic Futures Pty Ltd’s students are covered by public liability insurance whilst working within the RTO’s premises.
Course Fees, Payments, Refunds and Certification – 5.3 (S)
1. Please refer to the course flyer for information on course fees, including any required deposit; administration fees; materials fees and any other charges (if applicable).
2. In line with the RTO’s Fee Protection Policy the RTO will not collect more than $1,500 prior to course commencement.
3. Certificates and Statements of Attainment are issued to students who are assessed as competent in the units successfully completed. The cost of the certificates is included in the course fees.
4. Refunds may be made in the following circumstances:
a) Participants have overpaid the administration charge
b) Participants enrolled in training that has been terminated by the RTO
c) Participant advises the RTO prior to course commencement that they are withdrawing from the course
d) If the participant withdraws from a course or program, prior to course commencement, due to illness or extreme hardship as determined by the RTO
e) In the event that the RTO fails to provide the agreed services
5. A deposit of no more than $1,500 is required prior to course commencement; this deposit is to confirm a place in the course. Please refer to the Course Flyer for the deposit amount required.
6. An administration fee of $50 is required to be paid prior to course commencement which is included within the deposit fee, but may be entitled to a refund of the remaining deposit. If the student withdraws from the course prior to course commencement, they will forfeit this administration fee. If the total course fee is less than $150, then the total of the course is to be paid prior to course commencement to secure a place within the course.
7. No refunds will be issued once the student has commenced the course
8. Students are responsible for the safe storage of their Certificates and Statements of Attainment. If a student requires a reissue of their Certificate or Statement of Attainment, a certificate re-issue fee of $80 will be charged.
9. The RTO is responsible for issuance of AQF certification documentation within 30 calendar days of course completion.
10. If a student is deemed not yet competent on completion of training, they will be offered an opportunity to be reassessed. If a student is deemed not yet competent a second time, they will be given another opportunity for reassessment.
11. If a student is required to be reassessed, they will be provided with further guidance from their trainer prior to reassessment.
12. There will be no reassessment fee, unless stipulated on the course flyers. If a reassessment fee is applicable, this fee will be included on the course flyer.
13. If a student is deemed not yet competent by the third attempt, they will be required to withdraw from the course
14. If a student is deemed competent in some but not all the units of competencies required, a Statement of Attainment will be issued and the student will be given a six month period to undertake reassessment if required.
Cooling Off Period – 5.3
The RTO protects the rights of the learner including but limited to the Statutory requirements for cooling-off periods.
Students are eligible to cancel their enrolment by placing a formal notice of cancellation in writing to the RTO Manager (a letter or email is acceptable) within 10 business days of enrolment, unless the student has already commenced the training. Please refer to the Refund policy for process on acquiring a refund.
Payment Plan – 5.3
For fees that are more than $1,500, a payment plan will be offered on the course flyer.
A deposit to be paid prior to course commencement of up to $1,500, this includes a non-refundable administration fee of $150.
Progress Payment, to be paid following commencement, will be 50% of the remaining fees Midway Payment, to be paid at the halfway point of the course, will be 25% of the remaining fees Final Payment, to be paid prior to course completion, will be 25% of the remaining fees
Consumer Guarantee (S)
Optimistic Futures Pty Ltd guarantees that the services provided by Optimistic Futures Pty Ltd will be:
• provided with due care and skill
• fit for any specified purpose (express or implied)
• provided within a reasonable time (when no timeframe is set for the training).
On the Enrolment Agreement Form the supply of services states when the services will be provided and the date they will be completed. If the Enrolment Agreement Form does not include the dates, i.e. for RPL or on the job training, the RTO guarantees to supply the service within a reasonable timeframe. What is ‘reasonable’ will depend on the nature of the training and other relevant factors such as the students’ ability to complete the training and assessment.
What happens if this guarantee is not met?
In the first instance, the student should submit a complaint to the RTO identifying where the RTO has not met its requirements against the Consumer Guarantee, please refer to the Complaints and Appeals policy on page 135 for how to submit a complaint.
If a student believes that the RTO has failed to meet one or more of the consumer guarantees, he/she is entitled to a remedy – for example, a refund, a further service to rectify the problem and in some circumstances compensation for consequential loss. In line with the Complaints and Appeals process, the RTO will provide the appropriate remedy.
If the problem is minor and can be fixed, the RTO will choose how to fix the problem.
The consumer cannot cancel and demand a refund immediately, the RTO must have an opportunity to fix the problem. If the complaints process takes too long, the consumer is eligible to cancel the service and request a refund.
In the event of a major problem, and the RTO is unable to fix the training service, the consumer can choose to:
• terminate the contract for services and obtain a full refund, or
• seek compensation for the difference between the value of the services provided compared to the price paid.
A purchased service has a major problem when it:
• has a problem that would have stopped someone from purchasing the service if they had known about it
• is substantially unfit for its common purpose, and can’t easily be fixed within a reasonable timeframe
• does not meet the specific purpose the consumer asked for and can’t easily be fixed within a reasonable timeframe
• creates an unsafe situation.
Optimistic Futures Pty Ltd is not required to provide a remedy or refund if a consumer:
• simply changes their mind, decides they do not wish to go ahead with the training
• discovers they can buy the training more cheaply elsewhere
Changes to Agreed Services – 5.4 (S)
Where there are any changes to the agreed services that will affect the learner, including in the event of Optimistic Futures Pty Ltd closing down, the RTO will advise the learner in writing within 10 business days of the event, this includes changes to any new third party arrangements or a change of ownership or any changes to existing third party arrangements.
Changes to Agreed Services Process
CHANGE OF THIRD PARTY In the incidence of a third party arrangement changing between the RTO and a third party, the following process is to be followed
CHANGE OF LOCATION In the incidence of a change in training venue or location the following process is to be followed
If your complaint was not resolved by your trainer, complete a Complaint and Appeals Form
CHANGE OF OWNERSHIP In the event of the RTO being taken over by new owners, in accordance with P&P 8.1, the following process is to be followed
New agreement to be drafted and signed by the new third party and the RTO
Confirm details with new Training Venue
Confirm with new Trainer that they are available to take over the responsibilities
Finalise Sale of Shares
ASQA is notified of new Third Party arrangement through ASQAnet
New written Training Venue Agreement to be drafted and signed by both the training venue provider and the RTO
If possible, arrange a time for the previous trainer and the new trainer to undertake a handover
Complete ASQA Form “Notification of Material Change of Event” by both parties
Students are notified in writing of the new third party arrangement, including any conditions and contact details of the new Third Party
Provide written notification to ASQA of new training venue, by completing and submitting the “Change of Provider Details” form and submitting to ASQA
Advise new Trainer of location, class numbers, current status of course progress
Submit ASQA form to ASQA within 90 calendar days of the change of ownership
Confirm in writing to the students the new location of the Training Venue, including the provision of a map
Confirm in writing with the students the details of their new trainer, including when they will be commencing and assuring students that the trainer will be provided with a full handover
Process Statements of Attainment for all existing students, providing the students with a current status of their course enrolment
Update marketing materials with new location (if applicable)
Notify Students in writing of the change of ownership and the process for ensuring that students are provided with a copy of their Statement of Attainment
Evidence
• Enrolment Agreement Form
• Student Handbook
• Course Flyers
Continuous Improvement
This standard is reviewed, according to the Continuous Improvement Cycle, during the month of October on an annual basis.
Responsibility
• Chief Executive Officer
• Senior Management
Refund Policy
For information about the refund policy please refer to the student handbook, find it on our website under ‘Student Information’ section or speak to one of our friendly customer services staff;
Student Information