The AIBT case concerning, but not the end of the road for Nepali students

Facts are facts, unsubstantiated statements and gossips do not help when your chips are down. The case in point here is the recent issue of a College – Australian Institute of Business and technology (AIBT) – in Sydney Australia, having its College registration cancelled by the Australian government agency. Many Nepali students are studying there, mainly in Diploma of Nursing. As reported in several media outlets, these students are now in crisis and that the Australian education is after all not that rosy. Concerning of all, there are confusing, conflicting and some alarming reports on the AIBT case, alleging that the Nepali students students in this College are now almost on the street, and by implication, the quality and integrity of Australian education is seriously problematic. This is largely misleading, and we can debate this at other times. Now, it is the time that the affected students are placed at the center by providing the facts straight, in addition to what they need to be aware to effectively manage their studies and life in Australia. 

THE FACT: 

Australian Skills Quality Authority (ASQA - an Australian Govt agency regulating VET Colleges ) decided to cancel the registration of AIBT (RTO 41138) effective from 26 March 2019. The grounds for the decision was the College’s breach of several conditions including inaccurate marketing practices. It is concerning as it adds uncertainty to the students because the course does not seem to have a required accreditation from ANMAC, but it does not mean that the college is now closed and students are left on the street. 

7 IMPORTANT POINTS FOR THE STUDENTS: 

First, students should find out which college they are studying. There are two colleges, one, AIBT and another, AIBT I. Only the first college has been affected by the decision, not the second. The second college has many nursing students as noted by the director of AIBT Fiona Kee (https://aibtglobal.edu.au/media-release/.

• Second, AIBT is still running as a registered college and students should continue their studies there. Students should be aware that according to the relevant Australian legislation, AIBT has 28 days to appeal this decision at the Administrative Appeals Tribunal (AAT). AAT has the power to: a) affirm a decision, b) vary a decision, c) set aside a decision and substitute a new decision, or d) remit a decision to the decision-maker for reconsideration. Based on 21st Feb 2019’s media release by the College, AIBT is in the process of appeal. See this link https://aibtglobal.edu.au/media-release/ . This means, there is still a possibility that the cancellation decision may be set aside and College functions as normal. Until the AAT decision is finalised, College’s activities should not be affected, so the student should continue their studies as usual (as highlighted by the AIBT director). 

• Third, the College’s accreditation from ANMAC is different from the College’s registration from ASQA. Without a valid registration from ASQA, no college can operate, whereas without an ANMAC course accreditation, a college may still advertise the course and enrol students, but this information must be available to all parties. An accreditation from ANMAC is important because the ANMAC accredited program of study (see https://www.anmac.org.au ) provides the graduates of the educational provider to meet the required educational standards and be able to practice in Australia (including be eligible for skill assessment for migration purpose). ANMAC recommends prospective students check the NMBA Approved Programs of Study list prior to enrolling in a program. If the program students want to enrol in is not on this list, it has not been accredited by ANMAC or approved by the NMBA and may not lead to registration as a nurse or midwife in Australia. This is a critical, but separate issue.

• Fourth, until there is an AAT decision, there is no change. Students should continue their studies. If you are one of those students who are nearing completion in the next several months a note alluded by the college director), it is almost certain that you will be able to finish your studies. While AAT aims to make decisions within 2 months of hearing of the case, getting a hearing date takes several months. In total, around 6 months can be safely estimated. 

• Fifth, in case of the AAT affirming the decision of ASQA, which is to cancel the college’ registration, you still have options, there are good safeguards; you are not on the street as widely reported. The safeguard is called Tuition Protection Service (PTS) – this is the Australian Government’s scheme and all international students are covered by it ( I don’t think, this scheme has been highlighted sufficiently by media). 

o “The Tuition Protection Service (TPS) is an initiative of the Australian Government to assist international students whose education providers are unable to fully deliver their course of study. The TPS ensures that international students are able to either:

 complete their studies in another course or with another education provider or

 receive a refund of their unspent tuition fees.” See https://tps.gov.au/Home/NotLoggedIn 

If students are forced to look out for an alternative course with a different educational provider, it is vital for students to ensure that the course they are now going to study has a full accreditation from ANMAC, and that any subjects they have completed at AIBT are given as maximum credits as possible. 

• Sixth, if college no longer operates, students will have to follow the TPS’s four steps process  to continue and finish their studies: 

Step 1: Your education provider stops providing or does not start providing your course as agreed and does not meet their default obligations. The TPS contacts you and creates an account for you.

Step 2: Register with or log-on to the TPS and provide proof of identity.

Step 3: The TPS online system will assist you to find options for completing your study in Australia.

Step 4: Accept preferred suitable offer; You commence study as agreed; and TPS transfers any unspent pre-paid tuition fees to your new provider.

• Seventh, if students have complaints about their College, they can make a complaint to the Overseas Students Ombudsman Office - http://www.ombudsman.gov.au/How-we-can-help/overseas-students This is a free service. The complaints could be about anything such as admission issues, fees and refunds, provider transfers, course progress or attendance, cancellation of enrolment, accommodation or work arranged by your college, or incorrect advice given by an education agent. 

In conclusion, it is understandable that students potentially affected by this decision are anxious for their studies, for the possibility of a transfer to another provider, for the uncertainty of not getting the credits that they have already studied at AIBT (hence losing money they have paid as tuition fees at AIBT). Clearly, AIBT, educational consultancies sending students to this college and students will have to discuss this matter as urgently as possible and in good faith. Yet, the responsibility to resolve it and provide an appropriate way out lies with both AIBT and the educational consultancies sending students to the college because they created this mess. The next steps of resolving the issue must ensure that students are not left in limbo; they deserve better. Even if the college maintains registration through the AAT decision, the students must obtain a degree with ANMAC accreditation. For this to happen, either AIBT obtains the ANMAC accreditations for its course and students are graduated with the accredited course, or the College transfers the students to an appropriate course and provider where the ANMAC accredited program of studies is available. In any case, students must not be panalised. 

It may not yet be the crisis as often portrayed, but it does indicate a deeper problem by which students are pursing studies in Australia, largely through the guidance of educational consulting industry. It is vital that students obtain critical information and advice from responsible and responsive organisations and triangulate information before they take the information as fact. This may also mean that they do not depend too much on the advice of any one organisation or one individual. Instead, students affected by this decision and those who are already studying in Australia, or those who are intending to study in Australia, must be proactive and undertake a serious research and analysis before they decide what course to study, why and in which institution. It’s about the time to re-think seriously on the role and responsibility of educational consultants.