WA Getting a Refund from Australian Institute of Fitness?

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BrendonB

Member
16 June 2017
4
0
1
I signed up to do a master trainer course online in Perth. At the time of signing up, I asked if I needed anything else to complete the course and was told no. When I got to the first assessment, it turns out I needed specialist equipment and mock students, none of which was told to me when I asked the question.

I have now been going through the complaints process trying to get a refund for nearly two months and even going through to the national manager. They have refused to refund my money based on the reason "that's not part of the sign up procedure" despite me asking the question.

The course cost me $5990 as I paid up front to get the discount.

After going through the complaints process I have had no satisfactory response. I was offered a free additional course and free reschedule however these options are not suitable to me as I no longer want to go through the Australian Institute of Fitness after this whole situation.

I chose online training as I have no time to do the course during regular business hours. AIFs response to the resources was I could borrow them from them (I do not have time to get to their offices) However had I known the full resource list to start with when I asked the question I would not have signed up as I knew I would not be able to get into their offices to borrow them and therefore complete my assessments.

I feel they were disingenuous at sign up and now their refusal to refund my money has me very concerned.

In all my email correspondence they have agreed I was not told that information but they stand by their statements that they aren't required to tell me this information.

What are my options now that I have gone through their processes and have not got a satisfactory result?

Regards
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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Go directly to ASQA (Australian Skills Quality Authority) and make a complaint. RTOs should be upfront about the facilities necessary to gain the qualification, and I would suspect they have a positive duty to make that clear to you. ASQA have the power to go and thoroughly investigate any complaints and audit the RTO.
 

BrendonB

Member
16 June 2017
4
0
1
ASQA do not directly assist in refunds (as per their website). I will still lodge a complaint however.
 

@thelawbundle

Well-Known Member
27 October 2014
56
17
264
Brisbane, QLD
Hi Brendon,

If you search for the "Australian Institute of Fitness" on this site, you should find some resources to assist you in obtaining a refund.

See this thread, for example. There are others.

Let us know if you still have no luck obtaining a refund after taking some of those steps.
 

BrendonB

Member
16 June 2017
4
0
1
So I have started the complaints process with asqa.

I got a copy of the standards related to enrolment which states that the trainer needs to advise the student the materials and equipment required prior to sign up. I sent this to AIF again following up my complaint and they responded saying they stand by their position and for me to complain to asqa.

Where should my next step be?

I see some of those other threads had different reasons for the refund being requested. At this point I feel they are fighting me out of principle. Much like I am as I don't like being bullied by large corporations.
 

Glenn Pereira

Active Member
LawConnect (LawTap) Verified
1 July 2017
12
0
31
I signed up to do a master trainer course online in Perth. At the time of signing up, I asked if I needed anything else to complete the course and was told no. When I got to the first assessment, it turns out I needed specialist equipment and mock students, none of which was told to me when I asked the question.

I have now been going through the complaints process trying to get a refund for nearly two months and even going through to the national manager. They have refused to refund my money based on the reason "that's not part of the sign up procedure" despite me asking the question.

The course cost me $5990 as I paid up front to get the discount.

After going through the complaints process I have had no satisfactory response. I was offered a free additional course and free reschedule however these options are not suitable to me as I no longer want to go through the Australian Institute of Fitness after this whole situation.

I chose online training as I have no time to do the course during regular business hours. AIFs response to the resources was I could borrow them from them (I do not have time to get to their offices) However had I known the full resource list to start with when I asked the question I would not have signed up as I knew I would not be able to get into their offices to borrow them and therefore complete my assessments.

I feel they were disingenuous at sign up and now their refusal to refund my money has me very concerned.

In all my email correspondence they have agreed I was not told that information but they stand by their statements that they aren't required to tell me this information.

What are my options now that I have gone through their processes and have not got a satisfactory result?

Regards

ACCC has taken a number of private providers for breach of ACL. Write to them.

Collapsed college owners had $20m plan to escape sector

'Billions of tax dollars being squandered'

Watchdog seeks $210 million from private college
 

BrendonB

Member
16 June 2017
4
0
1
So I have been to the ACCC and lodged my complaint. But they also do not advocate for individuals. And AIF are still refusing my refund request even after providing them the ASQA guidelines.
ASQA's response to my query stated

ASQA advises as per the standards below you should be made aware from your training provider.


    • any requirements the RTO requires the learner to meet to enter and successfully complete their chosen training product, and
    • any materials and equipment that the learner must provide,


Consistent with the above information ASQA advises that a student needs to be made aware by their training provider prior to enrolment what they need to do to be eligible for enrolment and their requirements to be deemed competent in their chosen training product. Furthermore any materials and equipment that the learner must provide.

Which I do not believe The Australian Institute of Fitness has done under these circumstances. They claim to have contacted ASQA and stand by their position.

Is this now a case of they have done nothing against ACL technically and therefore I am out of luck? Is it just poor form? Or is there a legal requirement for them to answer my questions regarding course requirements at sign up?

Being out of pocket $6000 is very frustrating for a single income family with 2 babies in the house.
 

Glenn Pereira

Active Member
LawConnect (LawTap) Verified
1 July 2017
12
0
31
So I have been to the ACCC and lodged my complaint. But they also do not advocate for individuals. And AIF are still refusing my refund request even after providing them the ASQA guidelines.
ASQA's response to my query stated

ASQA advises as per the standards below you should be made aware from your training provider.


    • any requirements the RTO requires the learner to meet to enter and successfully complete their chosen training product, and
    • any materials and equipment that the learner must provide,


Consistent with the above information ASQA advises that a student needs to be made aware by their training provider prior to enrolment what they need to do to be eligible for enrolment and their requirements to be deemed competent in their chosen training product. Furthermore any materials and equipment that the learner must provide.

Which I do not believe The Australian Institute of Fitness has done under these circumstances. They claim to have contacted ASQA and stand by their position.

Is this now a case of they have done nothing against ACL technically and therefore I am out of luck? Is it just poor form? Or is there a legal requirement for them to answer my questions regarding course requirements at sign up?

Being out of pocket $6000 is very frustrating for a single income family with 2 babies in the house.

Probably lodge an application at VCAT.

VCAT can deal with disputes:

  • around the purchase or supply (or possible purchase or supply) of any goods or services of any value
    • by any individuals, businesses or companies against each other
    • for any amount of money
    • that arise in or is connected to the State of Victoria

  • under the Australian Consumer Law for
    • misleading conduct
    • unconscionable conduct
    • consumer guarantees