1. Purpose and application
These Payment Terms and Conditions apply to fees payable to submit Registrations of Interest and Nomination Applications for the Victorian Skilled Visa Nomination Program (Program) administered by the Victorian Government’s Department of Jobs, Skills, Industry and regions(Department).
By making payment for these services, the applicant agrees to these Terms and Conditions.
2. Nature of the Service
The Department charges two separate fees, for two separate services:
- A fee is charged for the Registration of Interest for a Nomination Application.
- If this Registration of Interest is successful, the applicant will be invited to submit a Nomination Application. A separate additional fee will be charged for submitting the Nomination Application.
Registration of Interest
The Registration of Interest service enables an applicant to provide information about their skills, experience and circumstances to be considered for an invitation to submit a Nomination Application.
The Registration of Interest service includes the collection, assessment and management of applicant information for the purpose of determining whether an applicant may be considered for an invitation to apply for Victorian visa nomination.
Payment for a Registration of Interest does not constitute an application for visa nomination, guarantee an invitation to apply, or create any entitlement to receive nomination.
Registration of Interest Validity Period
The Registration of Interest service is provided from the time of payment and Registration of Interest form submission, until the sooner of:
- the applicant is invited to submit a Nomination Application;
- the Registration of Interest is withdrawn; or
- the end of the Program year.
A Registration of Interest is only applicable for the Program year in which it is submitted.
Nomination Application
The Nomination Application service enables an applicant who has been invited by the Department to submit an application for Victorian visa nomination.
The service includes the assessment and processing of the Nomination Application against the Department's published eligibility requirements, criteria and assessment processes.
Payment of the Nomination Application fee does not guarantee a positive nomination outcome.
3. Services and outcomes
Payment of a fee for a Registration of Interest or Nomination Application does not guarantee a particular outcome.
The Department reserves its rights to:
- not progress a Registration of Interest; and/or
- reject a Nomination Application,
where:
- the Department decides that doing so, is in the best interests of Victoria; and/or
- all allocation spaces are fully committed.
The Ranking and Selection Information published on the Live in Melbourne website aims to provide a guide of how applications will be assessed. The Ranking and Selection Criteria may be amended from time to time. The Ranking and Selection Information publicly available at the time the applicant submits their Registration of Interest or Nomination Application, will not necessarily be the criteria upon which their application will be assessed.
4. Fee Payments
The applicable fee is the fee published by the Department at the time the particular service is paid for. Fees are published on the Live In Melbourne website.
Fees may only be refundable where required by law or in accordance with the Victorian Visa Nomination Program Refund Policy.
The Department reserves the right to amend fees from time to time. Changes will not affect payments already made.
A fee is payable for a Registration of Interest service only once in a Program year, per primary applicant. A fee is payable for a Nomination Application each time a new Nomination Application is submitted.
All fees and charges are exclusive of GST, unless expressly stated otherwise.
If GST applies to any fee, charge, or supply under these Terms and Conditions, you must pay an additional amount equal to 10% of the applicable fee or charge (being the GST payable under Australian law).
GST is payable at the same time as the Registration of Interest and/or Nomination Application fee is charged.
If the GST treatment of a supply changes or is found to apply where it was not previously charged, we may adjust the amount payable to include GST, and you agree to pay that additional amount.
Where a refund or adjustment is made, any GST component will be adjusted proportionately in accordance with applicable law.
5. Payment requirements
Payment must be made via a Live in Melbourne account at the time of form submission. No other method of payment is accepted.
The service will not be provided until payment has been received in full.
The applicant is responsible for ensuring:
- payment details are accurate;
- sufficient funds are available; and
- any required payment information is provided.
Payments are accepted via Mastercard or Visa only. No other forms of payment are accepted.
6. Payment processing
Payments may be processed through third-party payment providers.
The Department is not responsible for delays or failures caused by third-party payment systems but will endeavour to take reasonable steps to assist applicants experiencing payment issues.
7. Receipts and confirmation
A payment receipt will be issued via email following successful payment.
Applicants should retain payment confirmation for their records.
8. Incorrect or disputed payments
Where it comes to the attention of the Department that a payment may have been made incorrectly, including (but not limited to) duplicate payments or payments exceeding the applicable fee; the Department will assess whether a refund is payable in accordance with the Victorian Visa Nomination Program Refund Policy.
Where payment is disputed, reversed or subject to chargeback, the Department may suspend services until the dispute has been resolved and the correct fee has been paid in full.
9. Withdrawal and incomplete applications
Applicants may withdraw a Registration of Interest during the validity period via their Live in Melbourne account. Applicants may withdraw a Nomination Application at any time prior to nomination outcome by notifying the Department in writing (electronically) by using the relevant withdrawal request form on the Live in Melbourne website. Withdrawal does not provide entitlement to a refund.
Where an applicant fails to provide required information, documentation, or responses within required timeframes, the Department may irrevocably cease the service.
10. Privacy and information handling
Personal information collected in connection with payment and service delivery will be managed in accordance with the Department's privacy statement.
The Department is committed to protecting personal information provided by you in accordance with the principles of the Victorian privacy laws.
The information you provide will be used by the Department's officers to assess and manage your Registration of Interest and/or Nomination Application, including to communicate with you for this purpose. We may also use your deidentified information from your Registration of Interest and/or Nomination Application to evaluate Program outcomes and generate data to provide analysis for the purposes of engaging in Victorian Government activities.
The information you provide in your Nomination Application will also be used to manage the terms and conditions of your nomination, provide you with information about any changes to approval terms and conditions or fees, provide reminders for renewal, obtain your feedback and provide other information.
The information you provide may be made available to departmental staff, contractors or other government organisations (including Victorian, Commonwealth or other Australian States) for the purposes outlined above, and/or for administering or enforcing the Migration Act 1958 (Cth) or any other Act and/or for reporting purposes.
The Department's employees and contractors are required to protect and handle your personal information in accordance with the Privacy and Data Protection Act 2014 (Vic).
For more information on how the Department handles your personal information go to www.djsir.vic.gov.au/privacy. You may contact us to request access to your personal information, or for other concerns regarding the privacy of your personal information, by emailing the Department’s Privacy Unit at privacy@ecodev.vic.gov.au.
The Department does not collect or retain any sensitive or private payment information from payment transactions processed through the Live In Melbourne website or application portal.
11. Department discretion and applicant responsibility
The submission of a Registration of Interest or Nomination Application does not guarantee an invitation to apply for nomination, nomination, or any other outcome.
The Department reserves the right to refuse a Registration of Interest or Nomination Application where the applicant does not meet the published requirements or criteria, where nomination places are unavailable, or where the Department otherwise considers that nomination is not appropriate in the circumstances.
Applicants are responsible for any costs incurred in preparing, submitting or pursuing a Registration of Interest or Nomination Application, and for any actions taken or decisions made in anticipation of, or reliance on, a potential invitation to apply for nomination, nomination or any other outcome.
To the extent permitted by law, the Department is not liable for any loss, damage, cost or expense incurred by an applicant arising from or in connection with:
- the submission of a Registration of Interest or Nomination Application;
- any decision made by the Department in relation to a Registration of Interest or Nomination Application;
- an applicant's expectation of, or reliance on, an invitation to apply for nomination, nomination or any other outcome; or
- any action taken or decision made by an applicant in anticipation of, or in reliance on, any outcome of a Registration of Interest or Nomination Application.
Nothing in this clause excludes or limits any liability which cannot lawfully be excluded or limited, including liability arising from privacy or data breaches.
12. Changes to these Terms
The Department may amend these Terms and Conditions and the Refund Policy from time to time.
Where the Terms and Conditions and/or Refund Policy are amended, the Department will endeavour to publish a notice to this effect on the Live in Melbourne website.
13. Agents and other representatives
Where a migration agent (or any other representative) submits a Registration of Interest or Nomination Application on behalf of an applicant, the migration agent (or other representative) submitting the form on behalf of the applicant, acknowledges that they and the applicant have read and understood these Terms and Conditions and the Refund Policy and agree to be legally bound by them.