NSW Daughter Starting School Next Term - Withdrawing from Childcare?

[mikjules]

I have a daughter in long day care that will be starting school next year. I am wanting to withdraw her from the service from 16/12/16 however the centre has informed me that they do not accept withdrawals during "term 4" (despite not operating on school terms) and I will be charged until the scheduled Christmas end of year closure on 23/12/16.

Apparently this is their policy that I have agreed to. At any other time during the year, the centre accepts withdrawals with 2 weeks written notice. However, they state that once NSW public school term 4 starts in October that they don't accept withdrawals at all and any withdrawals will be charged until Christmas closure. So if I to withdraw her today, I'd still be charged until 23/12/16.

What I want to know is whether they can actually do this legally? It seems rather unreasonable considering the amount of notice I am able to give them of withdrawal.

Hoping for some help here. Thank you.

 

[Rod]

Have you confirmed the above with your signed enrolment/contract?

 

[mikjules]

I've asked for a copy of the contract showing my signature but haven't had a response as yet so I'm unsure.

 

[Rod]

Post back when you have read it. It may contain the terms you have agreed to.

There may not be a contravention of the ACL but without additional detail it is hard to know. You may have a contract term you can dispute under contract law, but again without knowing details can't comment.

 

[mikjules]

Thanks Rod.

I've been sent a copy of the Conditions of Enrolment. Below is what it says word for word;

"I agree to give the Service two weeks notice of intention to change booked days or withdraw the child from the Service via a withdrawal notice from the office. I agree to pay two weeks fees in lieu of notice, if notice is not given. With the exception of Term 4 where your child will remain enroled until the Service closure. (Christmas closure)."

 

[Rod]

You may have grounds to have the last term declared unfair under the ACL.

However the cost of proving it in court or NCAT is likely to exceed the value of the extra week.

 

[mikjules]

Thanks for your help Rod, appreciate it