Fees Rules 2005 (Cth)
THE AUSTRALIAN NATIONAL UNIVERSITY
FEES RULES 2005
The Council of the Australian National University makes these Rules under section 2 of the Fees Statute 1999.
Dated: 10 December 2004.
Peter Baume AO
Chancellor
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[General Note:
The University is permitted to charge fees under s.41 of the Australian National University Act 1991 and ss. 3 and 13 of the Higher Education Funding Act 1988. The Acts are accessible on the Internet at the following website:
Rules relate to types of fees, chosen from among the fees which the University is permitted to charge under s.3 and s 13 of the Higher Education Funding Act 1988, which the Council has authorised for collection.
The Rules are designed to be consistent with the Higher Education Funding Act 1988 and with Guidelines issued by the Minister under that Act. The Guidelines are accessible on the Internet at the following website:
align="center">PART 1 - PRELIMINARY
Citation and commencement
1.1 These Rules are the Fees Rules 2005.
1.2 These Rules commence on 31 December 2004, immediately after the commencement of the Rules (Repeal) Rules 2004.
Interpretation
2.1 In these Rules, unless the contrary intention appears:
contributing student has the meaning given in the HEF Act.
coursework program means a program consisting either entirely of coursework or of a combination of coursework and research (the research component being less than two-thirds of the whole program).
cross-institutional student means:
(a)a person who is enrolled in a program offered by the University and is, for the purposes of that program, enrolled at another tertiary education institution in a course or other work requirement that forms part of a program offered by that institution; or
(b)a person who is enrolled in a program offered by another tertiary education institution and is, for the purposes of that program, enrolled in a course or other work requirement that forms part of a program offered by the University.
Director means the Director, Student and Academic Services.
domestic student means a person who is not an overseas student.
[Note: overseas student is defined in the HEF Act.]
enrolled, in relation to a student or a program, means a student who has registered an enrolment in a course of the relevant program.
[Note: A person’s enrolment may be cancelled if he or she has not paid the relevant General Services Fee for their current semester or session before the relevant census date, unless the person is not required to pay it under these Rules.]
HECS means higher education contribution scheme.
HEF Act means the Higher Education Funding Act 1988.
HECS contribution means a contribution payable under Part 5 of the Fees Rules.
late fee includes a fine or penalty levied as a disincentive for late payment of fees under these Rules or late enrolment in, or withdrawal from, a course.
non-award program means a program which does not lead to the award of a degree, diploma or certificate but which consists of a course or work requirement that forms part of an undergraduate or postgraduate program.
[Note: non-award program does not include non-award studies within the meaning of the HEF Act]
participating institution means another tertiary educational institution with which the University has an agreement to allow a cross-institutional student to pay (within the parameters specified in that agreement), to each of the University and the other institution, one-half of the General Services Fee (or its equivalent) that would otherwise be payable by the student to that institution.
[Note: The University of Canberra is a participating institution. The Australian Catholic University is a participating institution only for the dual program leading to the ANU degree of Bachelor of Arts (Social Work) and the ACU degree of Bachelor of Social Work].
PELS means Postgraduate Education Loans Scheme.
postgraduate program means a program the completion of which leads to the awarding of a degree of master or doctor or of a postgraduate diploma or certificate.
program means a program of study offered by the University under rules made under the Programs and Awards Statute, or any course or any work requirement forming part of such a program.
relevant authority, in relation to a student, means the dean, director, head of school, prescribed authority or other authority, as appropriate, who is authorised under the relevant rules as the relevant authority for the program for which the student is or was enrolled.
research program means a program for which the research component comprises not less than two-thirds of the total program requirements.
semester means first semester or second semester.
session includes:
(a)in relation to a person undertaking a coursework program—summer session, winter session and spring session;
(b)in relation to a person undertaking a research program—research quarter 1, research quarter 2, research quarter 3 and research quarter 4;
as the case requires.
student, except in relation to HECS where the HEF Act definition applies, means a person who is, or is to be, enrolled in a program.
2.2 Other words and expressions used in these Rules have the respective meanings given to them in the HEF Act.
[Note: For example, census date, course of study, and overseas student are defined in the HEF Act. However, the meanings of program and course used in these Rules are intended to correspond with course, and unit, respectively, used in the HEF Act.]
Application
3.1 These Rules apply to persons who:
(a)are admitted to candidature in programs offered by the University under rules made under the Programs and Awards Statute, or in any course or other work requirement forming part of such a program; or
(b)use any ancillary service offered by the University; or
(c)use the residential accommodation services offered by the University; or
(d)undertake non-award studies offered by the University.
3.2 Notwithstanding anything else in these Rules, if the Vice-Chancellor or Deputy Vice-Chancellor (Education) arranges for a program to be offered in conjunction with another tertiary education institution or educational provider, the arrangement prevails over these Rules and these Rules are to be interpreted accordingly.
3.3 In addition to and notwithstanding anything else in these Rules, if the Vice-Chancellor or Deputy Vice-Chancellor (Education) enters into a contract with a private or government organisation for a program to be offered, in relation to a person undertaking that program the contract prevails over these Rules and these Rules are to be interpreted accordingly.
PART 2 - GENERAL SERVICES FEE
The General Services Fee
4.1 The General Services Fee is a fee payable for the provision of amenities and services that are not of an academic nature.
4.2 A person must pay the University a General Services Fee for each semester or session during which the person is a student in a program.
4.3 However, the Director may exempt a person from paying the General Services Fee in the following circumstances:
(a)the person undertakes the entire program outside the Australian Capital Territory during the whole of the semester or session, but not as part of an approved student exchange program between the University and another tertiary education institution;
(b)the person is a student of another tertiary education institution and undertakes all or part of a program at the University as part of an approved student exchange program between the University and the other institution;
(c)the person:
(i)has paid the full General Services Fee for a program at another tertiary institution; and
(ii)produces a receipt for that payment at the time of enrolment; and
(iii)undertakes all or part of that program at the University; and
(iv)is not a cross-institutional student of a participating institution;
(d)the person is enrolled in a Year 12 Extension Program.
4.4 An enrolled student who in any semester or session undertakes at the University, as part of the student's program, courses or other parts of a program delivered as distance education by another tertiary education institution is not regarded as undertaking the program outside the Australian Capital Territory in that semester or session.
4.5 To avoid doubt, a student who is undertaking his or her entire program outside the Australian Capital Territory during the whole of the semester or session as part of an approved student exchange program between the University and another tertiary education institution must pay the General Services Fee for that semester or session.
Amount of the General Services Fee
5.1 The amount of the General Services Fee payable by a person is the amount set out in the Orders for the class of students in which that person is included.
5.2 The amount of the General Services Fee set out in the Orders for a class of students is the amount payable by a student for a calendar year.
5.3 A student who can reasonably be expected to be enrolled in both first and second semester in a calendar year must pay the General Services Fee for the whole year when the fee becomes payable for the first semester of that year.
5.4 If a student is to be enrolled for only part of a calendar year, the amount of the General Services Fee payable by the student for that part of the calendar year is the proportion of the full General Services Fee for that year worked out in accordance with Schedule 1.
5.5 The amount of the General Services Fee payable by a cross-institutional student for the period during which the student is so enrolled at the University and at a participating institution is one-half of the amount that, but for this subrule, would be payable by the student for that period.
PART 3 - TUITION FEES FOR DOMESTIC STUDENTS
Postgraduate programs
6.1 A domestic student who is enrolled in any semester or session in a postgraduate program must pay to the University the tuition fees set out in the Orders for the courses to be undertaken in that program for that semester or session.
6.2 However, a student referred to in subrule 6.1 is not required to pay particular fees set out in the Orders for the courses to be undertaken in a program if the student:
(a)is HECS-liable; or
(b)is a Commonwealth-funded Higher Degree by Research student; or
(c)is a student who holds an Australian Postgraduate Award or an Australian Postgraduate (Industry) Award and:
(i)is eligible for, but has not been awarded, a Commonwealth-funded Research Training Scheme place; and
(ii)whose liability to pay tuition fees is waived by the University; or
(d)is a person who holds a place fully funded by an employer; or
(e)is a person who:
(i)holds a pension or allowance from the Department of Social Security or the Department of Veterans’ Affairs, of a kind mentioned in Schedule 2; and
(ii)has claimed hardship; and
(iii)is permitted by the University to undertake the program on a HECS-liable basis;
and whose obligation to pay those fees is met under an award or other scheme or arrangement referred to in paragraph (a), (b), (c), (d) or (e).
6.3 However, a student referred to in subrule 6.1 remains personally liable for the payment of any fees due to the University in respect of that student if the obligation to pay those fees is not met under an award, scheme or arrangement referred to in that subrule.
6.4 A student referred to in subparagraph 6.2(e)(i) must provide the Director with proof of receipt of the relevant pension or allowance each semester.
6.5 A student referred to in subrule 6.1 may discharge his or her liability to pay the University the tuition fees for an eligible program under this rule by taking out a PELS loan before the relevant census date.
[Note: A student who wishes to use PELS must meet all the relevant requirements of the Commonwealth.]
Non-award programs
7.1 A student who is enrolled in a non-award program in any semester or session must pay the University the tuition fees set out in the Orders for the courses to be undertaken in the program for that semester or session.
7.2 A student referred to in subrule 7.1 must pay the tuition fees referred to in that subrule whether or not the student's performance is to be examined.
7.3 A contributing student who is enrolled in a session in a course which is not offered as a HECS-liable course in that session must pay the University the tuition fees set out in the Orders for that course.
7.4 A cross-institutional student of another tertiary education institution who is enrolled in a course or other work requirement that forms part of an undergraduate program offered by the University is liable, in respect of that course or other work requirement:
(a)to pay the University the relevant fee if the student is enrolled at the other institution on a fee-paying basis; or
(b)to pay a contribution under the Higher Education Contribution Scheme if the student is enrolled at the other institution on a HECS-liable basis.
7.5 If a cross-institutional student of another tertiary education institution holds a scholarship or other award which exempts the student from a requirement to pay tuition fees to the other institution, the student is regarded as being enrolled at the other institution on a fee-paying basis.
7.6 A cross-institutional student of another tertiary education institution who is enrolled in a course or other work requirement that forms part of a postgraduate coursework program offered by the University must pay the University the tuition fees set out in the Orders for that course or other work requirement.
7.7 A cross-institutional student of another tertiary education institution who is enrolled in a session in a course or other work requirement that forms part of a program offered by the University must pay the University the tuition fee set out in the Orders for that course or work requirement if the course is not offered to cross-institutional students in that session as a HECS-liable course.
7.8 A student referred to in subrule 7.5 or 7.6 enrolled in a course forming part of a postgraduate coursework program may discharge his or her liability to pay the University the tuition fees for an eligible program by taking out a PELS loan before the relevant census date.
PART 4 - FEES FOR OVERSEAS STUDENTS
Fees payable by overseas students
8.1 An overseas student who is (or is to be) enrolled in a program for any semester or session must pay the University the fees set out for the courses to be undertaken in that program for that semester or session in the Orders.
[Note: overseas student is defined in the HEF Act.]
8.2 However, an overseas student referred to in subrule 8.1 is not required to pay particular fees set out in the Orders for the courses to be undertaken in a program if the student:
(a)holds a Commonwealth-funded International Postgraduate Research Scholarship; or
(b)holds another type of scholarship, approved by the University;
that meets the student's obligation to pay those fees.
8.3 However, an overseas student referred to in subrule 8.1 remains personally liable for the payment of any fees due to the University in respect of that student if the obligation to pay those fees is not met under a scholarship referred to in subrule 8.2.
Overseas students who become permanent residents
9.1 In spite of the definition of overseas student in the HEF Act, a person does not cease to be an overseas student for these Rules only because his or her continued presence in Australia is no longer subject to any limitation as to time imposed by law.
9.2 An overseas student who is granted a permanent resident visa after having arrived in Australia ceases to be an overseas student and is to be treated as a domestic student if the HEF Act, or a legislative instrument under the HEF Act, so requires.
9.3 However, an overseas student whose continued presence in Australia is subject to any limitation as to time imposed by law on the census day for a semester or session remains an overseas student for that semester or session.
PART 5 - HIGHER EDUCATION CONTRIBUTION SCHEME CONTRIBUTIONS
Requirement to pay contributions
10.1 A contributing student who is, in any semester or session, undertaking a designated program at the University on the census date for that program for that semester or session must pay to the University for that semester or session a contribution, ascertained in accordance with section 39 of the HEF Act, towards the cost of the provision of that program.
10.2 A contributing student must, in accordance with section 41 of the HEF Act, discharge the liability to make any HECS contribution by:
(a)making a full payment of the amount of HECS contribution that the student is required to pay; or
(b)making a partial payment and deferring the unpaid part; or
(c)deferring the entire payment.
10.3 A contributing student who intends to defer payment of a HECS liability for a semester or session in whole or in part must provide the Director with the student's Tax File Number or a Certificate of Application for a Tax File Number from the Australian Taxation Office before the census date for that semester or session.
10.4 A contributing student of the kind referred to in paragraph 10.2 (b) may in a semester or session make one or more payments of at least $500 per payment until the date notified by the Director, in writing, for making such payments in that semester or session, but the University will not accept any voluntary payments of any amount from such a student in that semester or session after that date.
10.5 A notice referred to in subrule 10.4 must be published on the University’s website and on appropriate notice boards.
Requirements before enrolment or undertaking program
11.1 A contributing student must not be enrolled for, or undertake, a designated program in a semester or session unless he or she has complied with section 41 of the HEF Act.
Appropriate officer
12.1 For the purposes of Chapter 4 of the HEF Act, appropriate officer means the person appointed by the Vice-Chancellor for that purpose.
[Note: At the commencement of these Rules, that person was the Director.]
Director’s duties
13.1 The Director must ensure compliance with the following provisions of the HEF Act:
· subsection 41(2) (Requirements before enrolment or undertaking course);
· section 54 (Notice by institution);
· subsection 55(4) (Requests for correction of notices);
· section 56 (Overpayment of contribution); and
· section 58 (Institutions to provide information to Minister).
PART 6 - FEES FOR ANCILLARY OR ADDITIONAL SERVICES
Fees for ancillary services etc
14.1 A person who uses any ancillary or additional service mentioned in the Advice to Higher Education Institutes on Fees for Ancillary or Additional Services Guidelines issued by the Minister under section 13 of the HEF Act and offered by the University must pay the amount of the fee or charge for that service specified in the Orders.
[Note: Fees may be charged under this rule for courses in sessions which allow accelerated completion of programs or which are offered for remedial purposes, provided that such courses are also available within normal semester periods on a HECS liable basis.]
PART 7 - FEES FOR RESIDENTIAL ACCOMMODATION
Residential accommodation services fees
15.1 Subject to the Halls of Residence Statute, the University House Statute and to any Rules made under either of those Statutes, a person who uses the residential accommodation services offered by the University must pay the amount of the fee or charge for that service specified in the Orders.
PART 8 - FEES FOR NON-AWARD STUDIES
Fees for non-award studies
16.1 A person who undertakes studies offered by the University (other than a program of instruction to enable the person to undertake a program) that are not required or permitted to be undertaken for the purpose of obtaining a degree, diploma, associate diploma or other award of the University must pay the amount of the fee or charge for those studies specified in the Orders.
PART 9 - COLLECTION OF FEES
Officers responsible for the collection of fees
17.1 The Vice-Chancellor may appoint a nominee to collect the fees payable under these Rules.
17.2 For the purposes of this rule, the Director is to be regarded as a nominee of the Vice-Chancellor.
Nominee to collect fees
18.1 The Director must collect the fees and HECS contributions payable under Parts 2, 3, 4 and 5 of these Rules, and any fees of a type payable under Part 6 as the Vice-Chancellor directs.
18.2 A nominee must collect whichever fees payable under Part 6 as the Vice-Chancellor directs, and the fees payable under Parts 7 and 8.
18.3 A nominee other than the Director, has, for the purposes of these Rules, such powers as the Vice-Chancellor determines.
Powers of the Director
19.1 The Director may, by notice, determine:
(a)the date or dates for the payment of fees and HECS contributions to the University; and
(b)the manner in which fees and HECS contributions are to be paid; and
(c)the circumstances in which late fees may be imposed; and
(d)the circumstances, if any, in which a person may pay fees other than the General Services Fee by instalments, and the conditions applying to payment by instalments;
(e)the circumstances in which a person may be entitled to a refund of the whole or portion of the fees paid or to the remission of a fees debt; and
(f)the notice that a person is required to give the University of a change in the person's mailing or contact address.
19.2 A notice may relate to all relevant students or to students of a particular class (including students to whom circumstances set out in the notice apply).
19.3 The Director may, from time to time, by further notice, amend or revoke a notice.
19.4 A notice referred to in this rule must be published on the University’s website and on appropriate notice boards.
Extensions and exemptions
20.1 The Director may:
(a)extend the time for payment of fees to which these Rules or the Orders apply; or
(b)exempt a student from payment of a late fee or of an additional fee for the revival of an enrolment.
Non-payment of fees by due date
21.1 Subject to rule 20, the Director may cancel the enrolment of a person as a student, and withdraw the rights and privileges to which that person would otherwise have been entitled, if fees payable by a person under these Rules are not paid:
(a)within 2 weeks after the date determined by the Director for the payment of those fees; or
(b)within the period determined by the Director under rule 20.
[Note: A person’s enrolment may be cancelled if he or she has not paid the relevant General Services Fee for their current semester or session before the relevant census date, unless the person is not required to pay it under these Rules.]
21.2 The cancellation of the enrolment of a person as a student does not extinguish any undischarged liability of the person to pay fees.
Applications for enrolment to be revived
22.1 A person whose enrolment as a student has been cancelled may apply to the Director for that enrolment to be revived and the Director may grant the application.
22.2 However, an application under subrule 22.1 must not be granted unless:
(a)the relevant authority recommends that the enrolment be revived, subject to any conditions that the relevant authority may impose; and
(b)the applicant pays, in addition to all other fees (including late fees) that the applicant owes to the University, any additional fee that the applicant is required to pay under the Orders.
Liability of persons financially supported by third party
23.1 The Vice-Chancellor may accept an undertaking by a third party (including a party within the University) to pay, on behalf of a person, fees payable to the University by that person.
23.2 However, a person to whom these Rules apply remains personally liable for the payment of any fees due to the University in respect of that person but unpaid by the third party.
Sanctions against persons who fail to pay fees
24.1 If a person fails to pay a fee which he or she is required to pay under these Rules, the Vice-Chancellor may direct that, while the fee remains unpaid:
(a)the person may not enrol or re-enrol in a program or course at the University; or
(b)the person may not be given a transcript of his or her academic record; or
(c)the person may not be given the results of any assessment in a course or program; or
(d)the person may not receive a degree, diploma, certificate or other award of the University.
24.2 The Director may exercise the powers of the Vice-Chancellor under subrule 24.1 in relation to fees payable under Parts 2, 3, 4 and 5, and any fees of a type payable under Part 6 as the Vice-Chancellor directs.
PART 10 - MISCELLANEOUS
Service of notice
25.1 A notice required or permitted to be given to a person under these Rules is to be taken to have been given to the person if it was sent :
(a)by pre-paid post to the person at the address last notified to the Director as the person's mailing or postal address for the relevant semester or session; or
(b)to the person at the e-mail address allocated to the person by the University; or
(c)to the person at the e-mail address last notified to the Director as the person’s e-mail address for the semester or session; or
(d)to the person at a secure website which the person is required by the University to access.
Nominee may appoint agent
26.1 A nominee of the Vice-Chancellor appointed under rule 17 to collect fees may appoint one or more persons to act as an agent of the nominee for the purposes of carrying out the nominee's functions.
Saving
27.1 Any amount payable and unpaid under Fees Rules repealed by Rules (Repeal) Rules 2004, or any thing done under those repealed Rules and in effect immediately before the repeal of those Rules, continues to have effect under these Rules as if the amount was payable, or the thing was done, under these Rules.
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SCHEDULE 1
PROPORTION OF ANNUAL GENERAL SERVICES FEE PAYABLE BY A STUDENT ENROLLED IN A SEMESTER OR SESSION OR AN APPROVED COMBINATION OF SESSIONS AND SEMESTERS
Coursework programs
| Semesters or sessions | Proportion |
| First Semester and Second Semester | full annual fee |
| First Semester only or Second Semester only | half annual fee |
| First Semester and Summer Session | half annual fee |
| Second Semester and either or both Winter Session and Spring Session | half annual fee |
| Summer Session or Winter Session or Spring Session only | quarter annual fee |
| Summer Session and Second Semester | three quarters annual fee |
| First Semester and either Winter Session or Spring Session | three quarters annual fee |
Research programs
| Semesters or sessions | Proportion |
| First Semester and Second Semester | full annual fee |
| First Semester only or Second Semester only | half annual fee |
| Research Quarter 1 or 2 or 3 or 4 only | one quarter annual fee |
| First Semester and Research Quarter 3 | three quarters annual fee |
| Research Quarter 2 and Second Semester | three quarters annual fee. |
SCHEDULE 2
SUBRULE 6.2: PENSIONS AND ALLOWANCES
The pensions and allowances referred to in subrule 6.2 are:
·Newstart Allowance
·Partner Allowance
·Sickness Allowance
·Special Benefit
·Mature Age Allowance (and Mature Age Partner)
·Carer payment
·Child Disability Allowance
·Wife Pension
·Age Pension
·Parenting Pension Single
·Widow (B) Pension
·Disability Support Pension
[Note: Students in receipt of the DSS pensions listed above are eligible to be exempted from domestic tuition fee, and instead be charged HECS.
Students permitted to pay HECS instead of domestic tuition fee must complete and submit a HECS Payment Option Form (POF) selecting Deferred, Partial, or Up-Front payment.]
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