THE AUSTRALIAN NATIONAL UNIVERSITY
fees rule 2017
EXPLANATORY STATEMENT
1. Authority for making the instrument: Vice-Chancellorship Statute 2013, section 9.5.
2. Purpose and operation of the instrument: This Rule authorise the types of fees the University is permitted to charge under the Higher Education Support Act 2003, the fees the Council of the University has authorised for collection, and certain arrangements for the payment and collection of those fees.
3. Documents incorporated in the instrument by reference: None.
4. Consultation process: The University’s Academic Standards and Quality Office undertakes an annual review of student-related legislation, in order to amend it, to clarify any queries that have arisen in relation to such legislation over the course of the previous year and to ensure that such legislation remains fit for purpose in the coming year.
Corporate Governance and Risk Office
11 December 2017
Overview
The Australian National University Fees Rule 2017, enacted under the Vice-Chancellorship Statute 2013, serves to establish the types of fees that the university can charge, in accordance with the Higher Education Support Act 2003. This regulation aims to ensure that the fees levied by the university align with legislative authorisations and the university council’s decisions, while also providing clarity on the payment and collection processes. This legislative framework is essential for maintaining transparency and compliance with federal regulations governing higher education fees in Australia.
The purpose of this instrument is to provide a structured approach to fee governance at the Australian National University, ensuring that all fee-related activities are lawful and transparent. The university undertakes an annual review of relevant legislation through its Academic Standards and Quality Office to maintain the currency and relevance of its fee policies, thereby addressing any emerging issues and ensuring the university’s compliance with federal statutes.
Scope and Application
The Australian National University Fees Rule 2017, made under the Vice-Chancellorship Statute 2013, delineates the scope and application of fees that the Australian National University (ANU) is authorised to charge. The Rule is designed to align with the Higher Education Support Act 2003 and adhere to the fees that have been authorised by the Council of the University. It provides a clear framework for the types of fees that can be levied, including those for academic programs, administrative services, and other university-related expenses, ensuring that all fee structures are transparent and compliant with legislative requirements. The application of this Rule extends to all students enrolled in ANU programs, thereby impacting a broad range of individuals and entities within the institution. The Rule also outlines the arrangements for the payment and collection of these fees, providing a structured approach to financial transactions within the university. While the Rule does not incorporate any other documents by reference, it is subject to annual review by the University’s Academic Standards and Quality Office, ensuring its continued relevance and effectiveness. The Rule applies nationally as it pertains to ANU, a Commonwealth institution, and does not specify any exclusions, exemptions, or thresholds beyond those outlined in the referenced statutes.
Key Provisions
The Australian National University Fees Rule 2017 (F2017L01617) establishes the types of fees that the University is authorised to charge under the Higher Education Support Act 2003. This includes both the fees that the University Council has approved for collection (section 3) and the arrangements for the payment and collection of those fees (section 4). These provisions ensure that the University operates within the legal framework set by federal legislation, particularly regarding student fees. The rule also emphasises that no documents are incorporated by reference (section 5), meaning that the rule stands alone in its specifications and requirements.
The Act imposes several obligations on the University. Primarily, it requires the University to adhere to the fee structures and payment arrangements outlined in the rule (section 3). Additionally, the University Council is mandated to review and approve fees annually (section 4). This ensures transparency and compliance with federal regulations. The Academic Standards and Quality Office undertakes an annual review of student-related legislation, highlighting the University's commitment to maintaining clarity and fitness of its legislative framework (section 6). This review process is crucial for adapting to any changes in legislation or addressing any queries that may arise over the course of the year.
Breaches of the Australian National University Fees Rule 2017 can result in significant consequences. While the rule does not explicitly list offences or penalties, non-compliance with the Higher Education Support Act 2003, under which the rule operates, could lead to civil or criminal penalties. For instance, imposing unauthorised fees could result in legal action against the University, potentially leading to fines or other sanctions. Additionally, failure to adhere to the approved fee structures and payment arrangements might lead to disciplinary actions against University officials, as well as legal challenges from students or other stakeholders. The exact penalties would depend on the specific nature and severity of the breach, but they could include substantial financial penalties, corrective actions, or even criminal charges in cases of significant non-compliance.