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Posted by on in General
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Refund or no refund?

Here is a scenario to consider:

A miigration agent books into a 10 point blitz CPD event recently.  The event sold out well before the start of the event.

The migration agent turned up to the event, sat down in the seat and then realised that they had booked themselves into the wrong event and that they should have booked themselves into a Practice Ready Program instead. 

The migration had agent paid $396 for the 10 point CPD event.  The migration agent left the event.

The migration agent has requested a full refund claiming they made a mistake.

A refund has not been provided as the event had a waitlist of agents wanting to attend who would have been happy to pay the same or more for the seat.

The agent has since complained to the Department of Fair Trading to try and obtain a refund. 

Does anyone have any suggestions?  Please keep in mind that Migration CPD events in this particular city pretty much always sell out.

Constructive peer feedback would be most useful. 

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  • Alan-Collett
    Alan-Collett Monday, 26 May 2014

    No refund, IMHO.

    The agent should take responsibility for his/her mistake.

    Why should the provider suffer financial loss?

    If the CPD provider chooses to make a goodwill gesture - that would be a win for the agent. But s/he shouldn't be blaming others and demanding financial recompense for his/her own error.

    Best regards.

  • Julie Brown
    Julie Brown Monday, 26 May 2014

    Agree with the above. No refund.
    Imagine buying a concert ticket only to leave after the first song and then being able to get a refund. Ludicrous!

    The advertising and details given are extensive and clear. The agent should have known what they were paying for by that alone.

  • Wei Shu
    Wei Shu Monday, 26 May 2014

    You are not liable for agent's mistake for sure.

    However there is noting to stop you to provide part or full refund to the agent to minimise his or her mistake without affect you financially, especially s/he is a member of ma, such as to provide cash credit, and the agent can use the credit to pay(and only) for your online CPD. Agent will need to do CPD every year anyway. It is not transferable.

  • Wei Shu
    Wei Shu Monday, 26 May 2014

    You are not liable for agent's mistake for sure.

    However there is noting to stop you to provide part or full refund to the agent to minimise his or her mistake without affect you financially, especially s/he is a member of ma, such as to provide cash credit, and the agent can use the credit to pay(and only) for your online CPD. Agent will need to do CPD every year anyway. It is not transferable.

  • Liana - Allan
    Liana - Allan Monday, 26 May 2014

    The person is not a member of MA

  • Liana - Allan
    Liana - Allan Monday, 26 May 2014

    Good suggestion Wei.

  • Guest
    Michael Bull Monday, 26 May 2014

    Why is it that some people these days cannot accept responsibility for their own actions.

    I was always taught "Actions Have Consequences"

    If he or she makes a mistake, that is fine, none of us are infallible, however, the CPD provider did not make a mistake therefore the burden must be felt by the person in error.

    It may be the best learning exercise an RMA can make in reading information accurately AND it only cost them $396.00.

    Take it as a lesson in life.

  • Guest
    Bea Leoncini Monday, 26 May 2014

    Hi Liana,

    If someone makes a decision to enrol in a course and then finds that they've made a mistake, general practice is that, unless a cancellation is made within the confines of the organisation's rules (that is, some days before the course), once the enrolment is processed, there is no obligation to refund the course fee, particularly since it wasn't because the course was faulty or deceptive or wrongly advertised - the onus of responsiblity lies in the person who enrols - I think that the LTA's CPD course brochure is extremely clear...

    Points 3, 4 & 5 of LTA's Terms and Conditions of Service is also very clear about refunds, etc.

    The univiersity of Adelaide, for example, has the followin conditions:

    ''...Refund & Cancellation Conditions:
    Professional and Continuing Education reserves the right to cancel, alter or amend any of its courses. Courses may be cancelled before the scheduled start date if the minimum number for the course is not reached, in such cases the full fee paid will be refunded.
    Once your enrolment is processed, no refund of fees will be given. Adjustment Notes may be issued upon written request received 10 days prior to course commencement.
    Transfers to another course will be considered providing they do not adversely affect course numbers. Professional and Continuing Education regrets that we cannot accept responsibility for changes to participant’s commitments...'' (https://www.adelaide.edu.au/pce/how-to-enrol/).

    Their (C)PD courses are no different to ours and neither are the conditions. This, however, is a good opportunity to review this and see if LTA's terms and conditions warrants further clarity. There is always room for improvement in anything anyone does.

  • Guest
    New Agent Tuesday, 27 May 2014

    Liana when are you going to offer the Practice RP?

  • Liana - Allan
    Liana - Allan Tuesday, 27 May 2014

    The application is in and has been sitting with the OMARA for a long time now. Why not ask the slow-coaches at the Office of the MARA how long it is going to take them to decide on the applications? We actually have quite a few applications in there at the moment but the OMARA are SO SLOW! We keep following up and we keep getting the same old responses....'we will follow it up'. Not much we can do.

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