This Rule sets the University’s fees framework: it prescribes who must pay tuition, student‑contribution, services, incidental and accommodation fees and how payments may be collected, deferred or recovered. It affects domestic, Commonwealth‑supported, contributing, cross‑institutional and overseas students and gives the Vice‑Chancellor and Registrar powers to set payment dates, appoint nominees, grant extensions, impose late fees and cancel or revive enrolments (see Divs 2.1–2.3, 2.7; ss 19–24). It also authorises HECS‑HELP/FEE‑HELP deferrals and TFN requirements (s 12).
The Fees Rule 2017 sets the University’s internal legal framework for determining, publishing, collecting and enforcing student fees and student contribution amounts. It operates as a rule made under the Vice-Chancellorship Statute 2013 (s 3) and commences on 1 January 2018 (s 2). The Rule delegates authority to three institutional actors in particular: the Vice‑Chancellor (appointed maker and delegating authority), the Registrar (the operative collector and rule‑maker for administrative details), and nominees or agents the Vice‑Chancellor or nominees may appoint to collect certain fees (ss 19, 20, 29, 30).
Mechanically, the Rule does the following (all references are to the Rule provisions unless otherwise stated): it defines the fee types and the legal incidence of payment (s 4; Pt 2 Divs 2.1-2.7); requires the University to determine and publish a contributions and fees schedule on its website as the operative price list (s 4 definition); authorises the Registrar to set payment dates, methods, refunds, instalments, late fee circumstances and notice requirements, and requires those determinations to be published (s 21); establishes collection responsibility between the Registrar and nominees (s 20); permits cancellation of enrolment and other administrative sanctions for non‑payment (ss 23, 26); allows revival of cancelled enrolments subject to recommendation and payment of owed and additional fees (s 24); provides for third‑party undertakings while preserving student liability (s 25); and prescribes methods of service for notices (s 28).
The Rule cross‑references and operates alongside the Higher Education Support Act 2003 (HES Act) and, where applicable, the Education Services for Overseas Students Act 2000 (ESOS) (s 23(3); see also the notes in s 4 and the obligations in s 14). It expressly preserves prior obligations and unpaid amounts under the repealed Fees Rule 2016 (ss 31-32). The Rule leaves substantive price setting to the University (the “contribution amounts and fees schedule” defined at s 4 is the operative schedule and may be replaced and republished), but confers broad administrative discretion to the Registrar and the Vice‑Chancellor over collection practices, exemptions, extensions and sanctions (ss 21-22, 29).
Current sections
Direct links to the current provisions in Fees Rule 2017.
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Fees Rule 2017
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This instrument is made under section 9.5 of the Vice-Chancellorship Statute 2013.
4 Definitions
In this instrument:
Commonwealth supported place means a place in a course in which a Commonwealth supported student may enrol.
Commonwealth supported student: see the HES Act, section 36-5 (Meaning of Commonwealth supported student).
contributing student means a Commonwealth supported student who receives HECS-HELP or FEE-HELP assistance.
contribution amounts and fees schedule, in relation to a period, means:
(a) the schedule of student contribution amounts, and tuition fees, determined by the University in relation to the period, and published on its website; or
(b) if that schedule is withdrawn by the University and a replacement schedule incorporating variations is published by the University on its website in relation to the period—the replacement schedule (or latest replacement schedule) published by the University on its website.
[Note: The HES Act, section 19-85 (Basic requirement) requires the University to charge, in accordance with the requirements of that Act, student contribution amounts and tuition fees for each unit of study in which it enrols students. The contribution amounts and fees are determined and published by the University in accordance with that Act and guidelines made under that Act.]
course means a unit of study within the meaning of the HES Act.
[Note: Unit of study is defined in the HES Act, Schedule 1 (Dictionary).]
coursework program means a program consisting:
(a) entirely of coursework; or
(b) of a combination of coursework and research if the research component is less than two-thirds of the total program requirements.
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 at the University in a course or other work requirement that forms part of a program offered by the University.
domestic student: see the HES Act, Schedule 1 (Dictionary).
[Note: A domestic student is defined as a student who is not an overseas student.]
enrolled, in relation to a student in a program, means a student who has registered an enrolment in a course of the program.
FEE-HELP is a loan scheme that assists eligible undergraduate or graduate students to pay their tuition fees.
graduate program means a program the completion of which leads to the award of a graduate degree, graduate diploma or graduate certificate.
HES Act means the Higher Education Support Act 2003.
late fee includes a fine or penalty levied as a disincentive for late payment of fees under this instrument or late enrolment in, or withdrawal from, a course.
nominee means a person who is appointed as a nominee under section 19 (Appointment of nominees etc.).
non-award program means a program that does not lead to the award of a degree, diploma or certificate, but consists of a course or work requirement that forms part of an undergraduate or graduate program.
[Note: A non-award program does not include studies undertaken on a ‘non-award basis’ within the meaning of the HES Act. (The term ‘non-award basis’ is defined in Schedule 1 of that Act).]
overseas student: see the HES Act, Schedule 1 (Dictionary).
program means a course of study within the meaning of the HES Act, and includes a program of study offered by the University or any course or work requirement forming part of such a program.
[Note: Course of study is defined in Schedule 1 to that Act.]
relevant authority, for a matter in relation to student who is or was enrolled in a program offered by the University, means the Associate Dean, Registrar or other authority of the University with responsibility for the matter in relation to the student.
research program means a program for which the research component is not less than two-thirds of the total program requirements.
semester means first semester or second semester.
session includes:
(a) in relation to a coursework program—summer session, autumn session, winter session and spring session; and
(b) in relation to a research program—research quarter 1, research quarter 2, research quarter 3 and research quarter 4.
student:
(a) in relation to a Commonwealth supported student—has the meaning given by the HES Act; and
(b) in any other case—a person who is, or is to be, enrolled in a program.
[Note: Student is defined in Schedule 1 to the HES Act.]
student contribution means a contribution payable under Division 2.3 (Commonwealth supported student contributions).
working day means a day that is not a Saturday, a Sunday, a public holiday in the Australian Capital Territory, or a University holiday.
5 Words and expressions used in HES Act
Unless the contrary intention appears, a word or expression used in this instrument and the HES Act has the same meaning in this instrument as it has in the HES Act.
[Note: For example, census date is defined in Schedule 1 to the HES Act. The definition applies in relation to references to ‘census date’ in this instrument.]
6 Arrangements with other tertiary education institutions etc.
(1) If the Vice-Chancellor or a Deputy Vice-Chancellor arranges for a program to be offered in conjunction with another tertiary education institution or educational provider, a provision of this instrument has no effect in relation to a person undertaking the program to the extent to which it is inconsistent with a provision of the arrangement.
(2) If the Vice-Chancellor or a Deputy Vice-Chancellor enters into a contract with a private or government organisation for a program to be offered, a provision of this instrument has no effect in relation to a person undertaking the program to the extent to which it is inconsistent with a provision of the contract.
(3) For this section, a provision of this instrument is not inconsistent with a provision of an arrangement or contract mentioned in this section to the extent to which both provisions can operate concurrently.
Part 2—Payment of student contribution amounts and fees
Division 2.1—Domestic student tuition fees
7 Domestic students: fees for award programs
(1) This section applies to a domestic student if the student is enrolled in a program for an award for any semester, session or trimester.
(2) The student must pay the University the tuition fees payable, under the contribution amounts and fees schedule, for the courses to be undertaken in the program for the semester, session or trimester.
(3) However, the student is not required to pay tuition fees if:
(a) the student:
(i) is eligible for FEE-HELP or HECS-HELP assistance from the Commonwealth and has taken out a FEE-HELP or HECS-HELP loan before the relevant census date; or
(ii) holds an Australian Government Research Training Program Domestic Fee Offset Scholarship; or
(iii) holds a full tuition fee scholarship funded by the University; or
(iv) holds a place fully funded by an employer; and
(b) the student’s obligation to pay the fees is met under the arrangement or scholarship mentioned in paragraph (a).
(4) To remove any doubt, a student mentioned in subsection (3)(a) remains personally liable to pay tuition fees if the student’s obligation to pay the fees is not met under the arrangement or scholarship.
(5) Also, if the Vice-Chancellor, Deputy Vice-Chancellor or relevant Associate Dean sponsors all or part of the student’s tuition fees in accordance with the HES Act, the student is not required to pay the sponsored fees.
8 Domestic students: fees for non-award programs etc.
(1) If a student is enrolled in a non-award program for any semester, session or trimester, the student must pay the University the tuition fees payable, under the contribution amounts and fees schedule, for the courses to be undertaken in the program for the semester, session or trimester.
(2) The student must pay the tuition fees whether or not the student’s performance is to be examined.
(3) If a contributing student is enrolled in a course for any semester, session or trimester and the course does not have a Commonwealth supported place for that semester, session or trimester, the student must pay the University the tuition fees payable, under the contribution amounts and fees schedule, for that course.
(4) If a cross-institutional student of another tertiary institution is enrolled in a course or other work requirement for any semester, session or trimester and the course or other work requirement forms part of a coursework program offered by the University, the student must pay the University the tuition fees payable, under the contribution amounts and fees schedule, for that course or other work requirement.
(5) However, the cross-institutional student is not required to pay the tuition fees if:
(a) the student discharges the student’s liability by taking out a FEE-HELP loan before the relevant census date; or
(b) the student is awarded a Commonwealth supported place by the University and either pays the student contribution amount or defers the student contribution using HECS-HELP.
(6) If a cross-institutional student of another tertiary education institution holds a scholarship or other award that exempts the student from a requirement to pay tuition fees, the student is taken to be enrolled at the other institution on a fee-paying basis.
Division 2.2—Overseas student fees
9 Overseas students: fees
(1) This section applies to an overseas student if the student is (or is to be) enrolled in a program for any semester, session or trimester.
(2) The student must pay the University the fees payable, under the contribution amounts and fees schedule, for the courses to be undertaken in the program for the semester, session or trimester.
(3) However, the student is not required to pay fees if the student holds a scholarship, approved by the University, that meets the student’s obligation to pay the fees and the student’s obligation to pay the fees is met under the scholarship.
(4) To remove any doubt, the student mentioned in subsection (3) remains personally liable to pay fees if the student’s obligation to pay the fees is not met under the scholarship.
(5) Also, if the Vice-Chancellor, Deputy Vice-Chancellor or relevant Associate Dean sponsors all or part of the student’s tuition fees in accordance with the HES Act, the student is not required to pay the sponsored fees.
10 Overseas students becoming permanent visa holders
(1) If an overseas student becomes a permanent visa holder after arriving in Australia, the person ceases to be an overseas student, and is to be treated as a domestic student, if the HES Act, or a legislative instrument under the HES Act, so requires.
(2) However, the person must, before the census date of the first course in the semester, session or trimester in which the person is enrolled, provide proof to the University that the person has become a permanent visa holder to be eligible to be treated as a domestic student for that semester, session or trimester.
(3) Also, if the continued entitlement of an overseas student to stay in Australia, or to enter and stay in Australia, is subject to any limitation as to time imposed by law on the census date for a semester, session or trimester, the person remains an overseas student for that semester, session or trimester.
[Commonwealth supported students are eligible domestic students who are offered a Commonwealth supported place by the University. Commonwealth supported students pay a contribution to the cost of their program and the Commonwealth pays the remainder of their tuition.]
12 Student contribution amounts
(1) If a contributing student is, in any semester, session or trimester, undertaking a program at the University on the relevant census date, the contributing student must pay the University for that semester, session or trimester the student contribution amount payable, under the contributions amount and fees schedule, towards the cost of the provision of that program.
(2) A contributing student must discharge the student’s liability to make any HECS-HELP contribution on or before the relevant census date by:
(a) paying the University the student’s student contribution amount in full; or
(b) if the student meets the citizenship or residency requirements under the HES Act, section 90-5—either:
(i) making a partial payment and deferring payment of the unpaid amount; or
(ii) deferring payment of the entire amount.
(3) If a contributing student intends to defer payment of the student contribution amount payable for a semester, session or trimester in whole or part, the student must give the Registrar the student’s Tax File Number, or a Certificate of Application for a Tax File Number from the Australian Taxation Office, before the relevant census date.
(4) If the contributing student gives the Registrar a Certificate of Application for a Tax File Number from the Australian Taxation Office under subsection (3), the student must give the Registrar the student’s Tax File Number not later than 15 working days after the day the student receives it from the Australian Taxation Office.
13 Appropriate officer
The Vice-Chancellor must, in writing, appoint a person as the appropriate officer of the University for the HES Act.
[Note 1: The appropriate officer is appointed under the HES Act, s 187-2 (Who is an appropriate officer?)]
[Note 2: The Registrar was the appropriate officer at the commencement of this instrument.]
14 Particular duties of Registrar in relation to HES Act
The Registrar must ensure that the University complies with the following provisions of the HES Act:
(a) section 19-70 (Provider to provide statement of general information);
(b) section 169-5 (Notices);
(c) section 169-10 (Correction of notices);
(d) section 154-55 (Higher education providers etc. to provide information to Commissioner).
Division 2.4—Student services and amenities fees
15 Student services and amenities fees
(1) This section applies to a student if the student is enrolled at the University for any semester, session or trimester.
(2) The student must pay the University the student services and amenities fee payable, under the contribution amounts and fees schedule, for the semester, session or trimester.
[Note: Student services and amenities fee is defined in the HES Act, s 19-37(5) (Requiring membership of certain organisations or payment of certain amounts). The fee is to support the provision of amenities and services not of an academic nature, regardless of whether a student choses to use any of those amenities and services.]
(3) However, the student is not required to pay the student services and amenities fee if the person is exempt from the fee under the contribution amounts and fees schedule.
Division 2.5—Non-award studies fees
16 Fees for non-award studies
(1) This section applies to a person if the person 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, certificate or other award of the University.
(2) The person must pay the University the fees payable, under the contribution amounts and fees schedule, for the studies.
Division 2.6—Incidental goods and services fees
17 Fees for incidental services etc.
(1) This section applies to a person if the person uses any goods or service offered by the University and a fee that is incidental to studies that may be undertaken with the University has been determined by the University as the charge for the goods or service.
(2) The person must pay the University the fee determined for the goods or service.
[Note: Under the HES Act, a fee does not include a fee determined, in accordance with the Higher Education Provider Guidelines made under that Act, to be a fee that is incidental to studies that may be undertaken with a higher education provider (see s 19-102(3)(f) (Meaning of fee)). For the criteria to decide whether a fee is of a kind that is incidental to studies that may be undertaken with a higher education provider, see the Higher Education Provider Guidelines, Chapter 7 (Fees for goods and services incidental to studies).]
Division 2.7—Residential accommodation fees
18 Fees for residential accommodation services
(1) This section applies to a person if the person uses residential accommodation services offered by the University.
(2) The student must pay the University the fee determined by the University as the charge for the services.
(3) However, the University may alternatively enter into a commercial arrangement with the person under which the person is required to pay fees for the use of the residential accommodation services.
(4) A fee payable by the person under an arrangement mentioned in subsection (3) is taken to be a fee payable by the person under this instrument.
Part 3—Collection of fees
19 Appointment of nominees etc.
(1) The Vice-Chancellor may, in writing, appoint a person as a nominee to collect fees payable under this instrument.
(2) A nominee has, for this instrument, the functions that the Vice-Chancellor determines in writing.
20 Responsibility for collection of fees etc.
(1) The Registrar must collect:
(a) the fees and student contribution amounts payable under the following provisions:
(i) Division 2.1 (Domestic student tuition fees);
(ii) Division 2.2 (Overseas student fees);
(iii) Division 2.3 (Commonwealth supported student contributions); and
(b) the types of fees payable under the following provisions that the Vice-Chancellor directs in writing:
(i) Division 2.4 (Student services and amenities fees);
(ii) Division 2.6 (Incidental goods and services fees).
(2) A nominee must collect:
(a) the fees payable under the following provisions:
(i) Division 2.5 (Non-award studies fees);
(ii) Division 2.7 (Residential accommodation fees); and
(b) the types of fees payable under the following provisions that the Vice-Chancellor directs in writing:
(i) Division 2.4 (Student services and amenities fees);
(ii) Division 2.6 (Incidental goods and services fees).
21 Registrar’s general powers
(1) The Registrar may, by written notice, determine the following:
(a) the date or dates for the payment of fees and student contribution amounts to the University;
(b) how fees and student contribution amounts are to be paid;
(c) the circumstances in which late fees may be imposed;
(d) the circumstances (if any) in which fees and student contribution amounts may be paid by instalments and the conditions applying to payment by instalments;
(e) the circumstances in which a person may be entitled to:
(i) a refund of all or part of an amount paid under this instrument; or
(ii) remission of a debt under this instrument;
(f) the notice that a person is required to give the University of a change in the person’s address, including, for example, a semester, work, permanent home or email address.
[Note: A notice may be varied or revoked (see Acts Interpretation Act 1901, s 33 (3) (Power to make instrument includes power to vary or revoke etc. instrument).]
(2) A notice under this section may relate to all relevant students or to students of a particular class (including students to whom circumstances set out in the notice apply).
(3) The Registrar must publish a notice under this section on the University’s website.
22 Extensions and exemptions
(1) The Registrar may:
(a) extend the time for the payment of fees or student contribution amounts payable this instrument; or
(b) exempt a person from:
(i) a late fee; or
(ii) an additional fee for the revival of a cancelled enrolment or withdrawn rights and entitlements.
(2) However, the Registrar may not extend the payment date for a Commonwealth supported student beyond the relevant census date.
23 Cancellation of enrolment for nonpayment of fees etc.
(1) The Registrar may cancel the enrolment of a person as a student, or withdraw rights and privileges to which a person would otherwise have been entitled, (or both) if a fee or student contribution amount payable by a person under this instrument is not paid:
(a) before the relevant census date or the other date by which payment is required to be made; or
(b) if the Registrar has extended the time for payment under section 22 (Extensions and exemptions)—within the extended time allowed by the Registrar.
(2) The cancellation of a person’s enrolment as a student, or the withdrawal of rights or privileges to which a person would otherwise have been entitled, does not extinguish any undischarged liability of the person to pay a fee or student contribution amount.
(3) In making a decision under subsection (1), the Registrar must act in accordance with the HES Act and the Education Services for Overseas Students Act 2000.
24 Revival of cancelled enrolments etc.
(1) This section applies if a person’s enrolment as a student has been cancelled, or rights or privileges to which a person would otherwise have been entitled have been withdrawn, under section 23 (Cancellation of enrolment for nonpayment of fees etc.).
(2) The Registrar may, on the person’s application, revive the person’s enrolment or the person’s entitlement to the rights or privileges.
(3) However, the Registrar may revive the enrolment or entitlement only if:
(a) the relevant authority recommends that the enrolment or entitlement be revived, subject to any conditions that the relevant authority may impose; and
(b) the person pays, in addition to all other fees (including late fees) and student contribution amounts that the person owes to the University, any additional fee that the applicant is required to pay under this instrument.
25 Liability of persons financially supported by third party
(1) The Vice-Chancellor may accept an undertaking by a third party (including a party within the University), or a representative of the third party, to pay, on behalf of a person, fees and student contribution amounts payable to the University by the person under this instrument.
(2) However, the person remains personally liable for the payment of any fees or student contribution amounts payable to the University by the person that are not paid by the third party.
26 Other sanctions for nonpayment of fees etc.
(1) If a person fails to pay a fee or student contribution amount that the person is required to pay under this instrument, the Registrar may, in writing, direct that, while the fee or amount 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 the person’s 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.
(2) This section is additional to section 23 (Cancellation of enrolment for nonpayment of fees etc.).
(3) In this section:
fee, in relation to a person, means any fee or other amount payable by the person to the University under this instrument, and includes any of the following:
(a) a late fee or additional fee;
(b) an accommodation debt;
(c) a fee payable in relation to a financial assistance program or field trip;
(d) any other financial liability for a service rendered, or goods supplied, by the University in relation to the person.
Part 4—Miscellaneous
27 Approved forms
(1) The Registrar may, in writing, approve forms for this instrument.
(2) If the Registrar approves a form for a particular purpose, the form must be used for that purpose.
(3) The Registrar must ensure that approved forms are available on the University’s website or any other way that the Registrar considers appropriate.
28 Service of notices etc.
(1) This section applies to a notice or other document that is required or permitted to be served on an individual under this instrument (whether the word ‘give’, ‘notify’, ‘send’, ‘tell’ or another word is used).
(2) The document may be served on an individual:
(a) by giving it to the individual; or
(b) by sending it by prepaid post, addressed to the individual, to an address shown in the University’s records as the individual’s semester address, work address or permanent home address; or
(c) by emailing it to:
(i) if the individual has an email address provided by the University—that email address; or
(ii) in any case—an email address otherwise recorded by the University as the individual’s email address.
(3) A document served by post on an individual under subsection (2)(b) is taken to have been served on the day it would have been delivered in the ordinary course of post.
(4) A document served by email on an individual under subsection (2)(c) is taken to have been served on the day it would have been received in the ordinary course of email transmission.
29 Delegation by Vice-Chancellor etc.
(1) The Vice-Chancellor may, in writing, delegate the Vice-Chancellor’s functions under this instrument to a member of the staff of the University or to a nominee.
(2) A delegation under subsection (1) may authorise the delegate to subdelegate, in accordance with the delegation, all or part of a delegated function to a member of the staff of the University or to a nominee or agent of a nominee.
30 Agents of nominee
A nominee may, in writing, appoint a person as the nominee’s agent for the exercise of the nominee’s functions under this instrument.
Part 5—Repeal and transitional
31 Repeal etc.
(1) The Fees Rule 2016 is repealed.
(2) To remove any doubt, a reference in a rule, order or other document of the University to the Fees Rules (whether with or without the year of its making or the year and number of the year of its making) includes a reference to this instrument.
32 Transitional
(1) To remove any doubt, any amount payable and unpaid under the Fees Rule 2016, and anything done under the rule and in effect immediately before the repeal of the rule, continues to be payable, or to have effect, as if the amount were payable, or the thing had been done, under this instrument.
(2) This section is additional to, and does not limit, the following provisions:
(a) the Acts Interpretation Act 1901, section 7 (Effect of repeal or amendment of Act), as applied by the Legislation Act 2003, section 13(1)(a) (Construction of legislative instruments);
(b) the Australian National University (Interpretation) Statute 2017, section 9 (Amendment of statutes).
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In short, the Rule allocates who decides fees and collection mechanics, establishes the forms of fees (tuition, student contribution, student services and amenities, incidental goods and services, non‑award and residential accommodation), prescribes enforcement tools that are administrative rather than criminal, and sets documentary and procedural obligations for proof (for example tax file number, visa evidence) tied to HECS/FEE‑HELP and domestic status (ss 7(3), 10(2), 12(3)-(4)).
Main concepts
The Rule uses a compact set of legal concepts to structure the University’s fee regime. Key definitions are central and carry direct operational consequences.
Contribution amounts and fees schedule (s 4). This is the University’s price list for a period. It may be withdrawn and replaced; the document published on the University website is the operative instrument. The Rule’s obligation to charge fees refers to that schedule and to the HES Act requirements (s 4 note; cf HES Act s 19‑85 referenced in the definition).
Student categories (s 4). The Rule distinguishes domestic students, Commonwealth supported students, contributing students, overseas students, cross‑institutional students, non‑award students, research and coursework programs, and sessions/semesters. Many terms are defined by reference to the HES Act (s 5), so the Rule imports the HES Act’s technical definitions (for example “Commonwealth supported student” at HES Act s 36‑5 is incorporated by reference).
Fee types (Pt 2). The Rule creates or recognises specific fee obligations:
Tuition fees for domestic award students (s 7) and non‑award students (s 8, 16).
Overseas student fees (s 9).
Student contribution amounts for Commonwealth supported students (s 12).
Student services and amenities fee (s 15), defined by HES Act cross‑reference (HES Act s 19‑37(5)).
Incidental goods and services fees (s 17), which the HES Act treats differently in some contexts (HES Act s 19‑102(3)(f) noted).
Residential accommodation fees, either charged under the Rule or under a separate commercial arrangement (s 18).
Collection architecture (Pt 3). The Registrar has principal responsibility for collecting core tuition and contribution amounts (s 20(1)). Nominees appointed by the Vice‑Chancellor collect non‑award and accommodation fees and any other fee types the Vice‑Chancellor directs (s 19; s 20(2)). The Registrar is empowered to make written notices on timing, payment methods, instalments, refunds and instalment conditions and must publish those notices (s 21(1)(a)-(f), (3)).
Enforcement mechanisms (ss 22-26). Enforcement is administrative: extensions and exemptions (Registrar discretion, s 22); cancellation of enrolment and withdrawal of rights for non‑payment (s 23); revival of enrolment only on recommendation of the relevant authority and payment of fees and any additional fee (s 24); third‑party undertakings do not extinguish personal liability (s 25); and other sanctions such as withholding transcripts, results and awards (s 26).
Procedural and governance mechanisms (Pt 4). These include approved forms (s 27), service rules for notices (s 28), delegation by the Vice‑Chancellor (s 29), and agents of nominees (s 30). The Rule also appoints the appropriate officer for HES Act purposes (Vice‑Chancellor’s written appointment, s 13) and sets Registrar duties to comply with specified HES Act obligations (s 14).
Operationally critical cross‑references exist to the HES Act (imported meanings under s 5 and specific HES Act sections listed in s 14 and notes). The Rule therefore sits as an internal instrument that implements HES Act obligations at University level and governs interactions with Commonwealth loan schemes (HECS‑HELP and FEE‑HELP) and ESOS obligations where international students are involved (s 23(3)).
Who it affects
The Rule allocates financial and administrative obligations among identifiable groups: students (in multiple categories), the University’s executive officers (Vice‑Chancellor, Deputy Vice‑Chancellors), the Registrar, nominees and agents, and third parties who may undertake fee liabilities.
Students
Domestic students enrolled in award programs must pay tuition fees per the University’s contribution amounts and fees schedule (s 7(2)). Contributing students (Commonwealth supported students who use HECS‑HELP or FEE‑HELP) have distinct obligations and deferral mechanics (s 12).
Commonwealth supported students pay student contribution amounts as specified (s 12), and must either pay in full by the census date or use HECS‑HELP/FEE‑HELP if eligible (s 12(2)).
Cross‑institutional students (students enrolled at another tertiary institution or vice versa) are subject to fee liabilities when undertaking coursework at the University (s 8(4)). They are not required to pay if they take out FEE‑HELP before the census date or are awarded a Commonwealth supported place and either pay or defer (s 8(5)).
Overseas students must pay fees under the schedule (s 9(2)). The Rule handles an overseas student who becomes a permanent visa holder by requiring documentary proof before the applicable census date to be treated as a domestic student for that semester (s 10).
Persons using incidental goods, services or residential accommodation are liable for the applicable fees (ss 17-18).
Persons undertaking non‑award studies must pay fees for those studies (s 16).
University officers and officials
The Vice‑Chancellor makes the Rule and can appoint nominees, accept third‑party undertakings, enter arrangements with other providers that can displace inconsistent rule provisions to the extent of inconsistency, and delegate functions (ss 3, 6, 19, 25, 29).
The Registrar is the central administrative actor: appointed appropriate officer duties (s 13), required to ensure compliance with specific HES Act information and notice obligations (s 14), responsible for collecting most fee types (s 20(1)), authorised to determine payment mechanics, instalments, refund and remission policies and to publish those determinations (s 21), and empowered to grant extensions and exemptions within limits (s 22).
Nominees, appointed by the Vice‑Chancellor, collect particular fee categories as set out (s 19; s 20(2)) and may appoint agents (s 30).
Third parties
Employers or other third parties who fund a student’s place or fees can be the payor, but the student remains personally liable if the third party fails to pay (s 7(3)(a)(iv), s 25(2)).
External regulators and statutes
The Rule requires the University to act in accordance with the HES Act (imported definitions, s 5; specific duties in s 14) and to act in accordance with the ESOS Act when cancelling enrolment (s 23(3)). The contribution amounts and fees schedule must be determined in accordance with the HES Act and guidelines (s 4 note).
Who bears the costs
Financially, the person enrolled or using the service is the primary payer under the Rule (ss 7, 8, 9, 12, 15, 16, 17, 18). Where a scholarship, employer funding, or third‑party undertaking applies, the Rule treats the student as relieved only to the extent the obligation is met by that other party; otherwise the student remains liable (ss 7(3)-(4), 9(3)-(4), 25(2)).
Who decides
The University (via its published schedule and Registrar determinations) sets prices, methods and administrative rules (s 4, s 21). The Vice‑Chancellor retains powers to appoint collectors, accept undertakings and enter parameterising contracts or arrangements with other providers (ss 6, 19, 25). The Registrar has operational discretion within the parameters the Rule sets (ss 21-24).
Key duties and rights
This section summarises the concrete duties imposed on institutional actors and the rights and conditional entitlements available to students and payors under the Rule, with exact references.
University duties and decision rights
Determine and publish a contributions and fees schedule. The operative fee levels and any replacements are those published on the University website (s 4 definition). The University’s schedule must be produced in accordance with the HES Act and its guidelines (s 4 note).
Comply with particular HES Act information and notice obligations. The Registrar must ensure the University complies with HES Act sections 19‑70, 169‑5, 169‑10 and 154‑55 (s 14). These impose duties to provide statements of general information, notices and corrections, and information provision to the Commissioner under the HES Act.
Appoint the appropriate officer for HES Act purposes in writing (s 13). The Vice‑Chancellor must make the appointment; the Registrar was the appropriate officer at commencement (s 13 note).
Set collection mechanisms: the Registrar may, by written notice, determine payment date(s), how payments are to be made, circumstances for late fees, conditions for instalments, refund/remission circumstances and notice requirements for change of address; notices must be published (s 21(1)(a)-(f), (3)).
Appoint nominees to collect fees and determine their functions in writing (s 19(1)-(2)). Nominees may appoint agents to act on their behalf (s 30).
Registrar duties and discretions
Collect specified fees and contributions. The Registrar must collect domestic and overseas tuition and Commonwealth support contributions as listed (s 20(1)(a)).
Exercise delegated administrative powers over payment mechanics, late fees, refunds, instalments and notices, and publish those notices (s 21(1)-(3)).
Grant extensions and exemptions to payment time and exemptions from late fees or additional revival fees, subject to a specific restriction that payment date for Commonwealth supported students cannot be extended beyond the relevant census date (s 22(1)-(2)).
Cancel enrolment or withdraw rights and privileges where a fee or student contribution is unpaid by the relevant census date or extended date (s 23(1)). When cancelling, the Registrar must act in accordance with the HES Act and ESOS Act (s 23(3)).
Revive enrolments on application only where the relevant authority recommends revival and the person pays all owed fees, including revival fees (s 24).
Student duties and conditional rights
Pay the applicable fees as determined in the contributions and fees schedule for the relevant semester/session/trimester (see Divs 2.1-2.7; e.g. s 7(2), s 9(2), s 12(1), s 15(2), s 16(2), s 17(2), s 18(2)).
For Commonwealth supported (contributing) students, either pay the student contribution in full by the relevant census date or defer under HECS‑HELP/FEE‑HELP if eligible and comply with TFN requirements (s 12(2)-(4)).
Provide a Tax File Number or Certificate of Application before the relevant census date to defer payment under HECS‑HELP, and supply the TFN within 15 working days after receipt where a certificate was provided (s 12(3)-(4)).
For overseas students who become permanent visa holders, provide proof of permanent residency before the census date to be treated as domestic for that semester (s 10(2)). If visa entitlements are limited by law on the census date, the person remains an overseas student for that period (s 10(3)).
For cross‑institutional students, take out FEE‑HELP before the census date to avoid immediate fee payment, or be awarded a Commonwealth supported place and pay or defer the contribution (s 8(5)).
Rights that are conditional, discretionary or preserved
Refunds and remissions are subject to Registrar determinations (s 21(1)(e)). The Rule does not create an entitlement to refunds; instead the Registrar sets conditions.
Extensions of payment time and exemptions from late fees are exercisable by the Registrar (s 22(1)). However, extensions cannot move Commonwealth supported student payment beyond the census date (s 22(2)).
Cancellation does not extinguish debt (s 23(2)), preserving the University’s right to collect unpaid amounts despite administrative sanctions.
Revival of enrolment or entitlements is discretionary subject to a recommendation by the relevant authority and payment of owed amounts and additional fees (s 24(3)).
Rights of third parties and limits
The Vice‑Chancellor may accept a third‑party undertaking to pay a person’s fees (s 25(1)), but the student remains liable for amounts not paid by the third party (s 25(2)). The Rule therefore allows third‑party payment arrangements while preserving the primary liability of the student.
Procedural and notice rights
Service of notices is formally defined and may be effected by personal delivery, prepaid post to addresses in University records, University email where provided, or any other recorded email in the University’s records; post and email have specified rules for deemed service (s 28(2)-(4)). This creates a concrete administrative obligation for students to maintain correct addresses and email records to receive notices.
Penalties and enforcement
The Rules use administrative sanctions rather than criminal penalties. Enforcement mechanisms and the conditions under which they can be applied are explicit.
Types of sanctions
Late fees and additional fees. The Registrar may determine the circumstances in which late fees may be imposed, and may exempt particular persons from late fees (ss 21(1)(c), 22(1)(b)). The Rule defines “late fee” broadly to include a fine or penalty (s 4).
Cancellation of enrolment and withdrawal of rights and privileges. The Registrar may cancel enrolment or withdraw a person’s rights or privileges, or both, where a fee or student contribution is unpaid by the relevant census date or any extended date (s 23(1)(a)-(b)). Cancellation does not extinguish the unpaid liability (s 23(2)).
Withholding of academic services and awards. The Registrar may direct that, while a fee remains unpaid, the person may not enrol or re‑enrol, may not be given a transcript, may not be given outcomes of assessment in a course or program, and may not receive a degree, diploma, certificate or other award (s 26(1)(a)-(d)). Section 26(2) clarifies these are additional to cancellation powers under s 23.
Revival fees and additional charges. Revival is tied to payment of owed amounts and any additional fee required under the instrument (s 24(3)(b)). The Registrar may also determine additional fees for revival under s 21(1)(e)(ii) and exempt in s 22(1)(b).
Limits on enforcement discretion
Procedural law and external statutes. When cancelling a person’s enrolment, the Registrar must act in accordance with the HES Act and the ESOS Act (s 23(3)). This places a statutory constraint on the exercise of cancellation powers, particularly for overseas students where ESOS protections apply.
Census date immutability for Commonwealth supported students. The Registrar may not extend the payment date for a Commonwealth supported student beyond the relevant census date (s 22(2)). This limits the Registrar’s ability to grant relief for that class of students by pushing payment due dates.
Retention of liability despite administrative measures. Cancellation and other sanctions do not remove the debt; enforcement for unpaid amounts remains open (s 23(2)).
Collection mechanisms and remedies
Delegation and agents. The Vice‑Chancellor may appoint nominees to collect fees whose functions the Vice‑Chancellor determines in writing; nominees may appoint agents (ss 19, 30). Collection tasks therefore can be outsourced within a delegated framework.
Third‑party undertakings. The Vice‑Chancellor may accept third‑party undertakings to pay fees (s 25(1)), but the student remains liable if the third party fails to pay (s 25(2)). The Rule does not specify enforcement against third parties, leaving recovery or contractual enforcement to separate arrangements.
Publication and notice. The Registrar must publish determinations about payment dates, instalments and refund and remission criteria on the University website (s 21(3)). This creates a visible administrative framework that supports enforcement by setting expectations.
Procedural consequences and risk allocation
The Rule shifts enforcement primarily to administrative levers , withholding results, enrolment cancellation, and financial charges , rather than to debt collection specifics in the instrument itself. It preserves the University’s right to pursue unpaid debts (s 23(2)), but the instrument does not specify debt recovery procedures beyond administrative sanctions and delegated collection. The Rule also preserves the University’s capacity to enter commercial arrangements for accommodation and treat those fees as Rule fees (s 18(3)-(4)).
How it interacts with other laws
The Rule is explicitly designed to operate alongside and under the HES Act and, where relevant, the ESOS Act. It relies on definitions and prescriptive constraints in the HES Act and imposes duties to comply with HES Act reporting and notice obligations.
Primary statutory interactions
HES Act definitions and obligations. Section 5 of the Rule provides that, unless the contrary intention appears, a word used in both instruments has the same meaning as in the HES Act. The Rule therefore imports the HES Act’s technical definitions for “student”, “census date”, “Commonwealth supported student”, “overseas student”, “unit of study” and other terms. The Rule repeatedly refers to Commonwealth loan schemes (HECS‑HELP and FEE‑HELP) and to “Commonwealth supported place”, which are HES Act constructs (see s 4 and notes).
HES Act duties specifically referenced. The Registrar must ensure the University complies with HES Act provisions, including the provider’s obligation to provide a statement of general information and to issue and correct notices, as well as data provision to the Commissioner (s 14: HES Act ss 19‑70, 169‑5, 169‑10, 154‑55).
Census date rules and HECS/FEE‑HELP. The Rule adopts the HES Act’s census date framework (s 12 references the “relevant census date” and the requirement that contributing students discharge HECS‑HELP liabilities on or before that date). The Rule limits the Registrar’s power to extend payment dates beyond census dates for Commonwealth supported students (s 22(2)), reflecting HES Act policy that census dates are administratively fixed.
ESOS Act
Cancellation of enrolment must comply with ESOS. Section 23(3) requires the Registrar to act in accordance with both the HES Act and the ESOS Act when cancelling enrolments. For overseas students enrolled under ESOS protections, this requires the University to follow homeland statutory protections and reporting obligations under the ESOS framework.
Other internal University instruments and contracts
Arrangements with other tertiary institutions or providers. Section 6 allows contracts or arrangements entered into by the Vice‑Chancellor or Deputy Vice‑Chancellors to override inconsistent provisions of the Rule for persons undertaking programs under that arrangement, to the extent of the inconsistency (s 6(1)-(3)). This creates interplay between the Rule and separately negotiated contractual terms for joint programs.
Repeal and transitional arrangements. The Rule expressly repeals the Fees Rule 2016 and preserves amounts payable under the old rule as continuing liabilities under the new instrument (ss 31-32). It relies on the Acts Interpretation Act 1901 and the Legislation Act 2003 for the effect of repeal and amendment (s 32(2)(a)-(b)).
Administrative law and service of documents
Service rules. The Rule prescribes methods of service (s 28) and specifies when mail and email are deemed delivered. Those service provisions interact with ordinary administrative law concepts of notice and natural justice: a student is deemed to be aware of notices if they are posted or emailed to addresses in the University’s records, with consequences for enforcement of payment obligations and imposition of sanctions.
Privacy and tax law touchpoints
Tax File Numbers. The Rule requires TFNs or Certificates of Application as a condition for HECS/FEE‑HELP deferral (s 12(3)-(4)). This requirement interfaces with Australian taxation law and privacy rules governing TFNs, albeit the Rule does not itself set privacy constraints; it simply imposes the administrative duty to provide the TFN as a condition to access loan deferral.
Contract and commercial law
Commercial accommodation arrangements. Section 18(3) allows for commercial arrangements for residential accommodation; fees payable under such commercial contracts are taken to be fees under the Rule (s 18(4)). This integrates private contract liabilities with the Rule’s enforcement mechanisms.
Limits and cross‑instrument constraints
The Rule cites the HES Act’s basic requirement to charge student contribution amounts and tuition fees in accordance with that Act (s 4 note). Therefore the University cannot use the Rule to contravene HES Act pricing or HECS/FEE‑HELP eligibility rules. Where the Rule sets institutional processes, those must be read in light of the HES Act’s substantive requirements and ESOS protections for certain overseas students.
Amendment history
The Rule itself contains limited internal amendment history; it is a 2017 instrument that repeals the Fees Rule 2016 and provides transitional continuity. The Rule’s own metadata and provisions supply the following chronology and procedural facts.
Making and commencement. The Rule was made by the Vice‑Chancellor and dated 11 December 2017; it commences on 1 January 2018 (s 2; header). The instrument cites its authority as section 9.5 of the Vice‑Chancellorship Statute 2013 (s 3).
Repeal of previous instrument. Section 31(1) repeals the Fees Rule 2016. Section 31(2) clarifies that references to the Fees Rules in University documents include this 2017 instrument.
Transitional provisions. Section 32(1) provides that amounts payable and unpaid under the Fees Rule 2016, and any action taken under it that was in effect immediately prior to repeal, continue as if the amounts or actions had been done under the new instrument. Section 32(2) lists specific statutory cross‑references that reinforce the typical effect of repeal (Acts Interpretation Act 1901, s 7, as applied by the Legislation Act 2003, s 13(1)(a); and the Australian National University (Interpretation) Statute 2017, s 9).
Publication and replacement of schedules. The Rule contemplates the University may withdraw and replace the contributions and fees schedule (s 4 definition). The operative schedule is whatever is published on the University website; the Rule therefore anticipates periodic revision of fee schedules without a need to publish an amending rule each time the schedule changes.
Delegation and appointment powers that enable operational amendments. The Vice‑Chancellor may delegate functions under the Rule in writing (s 29) and appoint nominees (s 19). These powers give the University executive capacity to adjust administrative arrangements without legislative amendment to the Rule.
No textual history of prior amendments contained within the instrument. The instrument itself does not list prior amendments to the 2017 Rule because it is the active instrument replacing the 2016 Rule. Any later amendments after 2017 are not included in the text provided.
Practical implications of amendment design
The Rule deliberately separates substantive fee setting (the published contributions and fees schedule) from the Rule’s core text. Fee levels, exemptions and variations can thus be changed by replacing the published schedule without altering the statutory wording of the Rule. That design simplifies operational updates but centralises the legal effect of price changes on the website.
The Rule’s repeal provision and transitional clause preserve continuity for liabilities and actions taken under the prior rule (ss 31-32), preventing a vacuum on repeal.
Litigation history
The instrument as provided contains no judicial decisions, case names or litigation history. The text references statutory obligations under the HES Act and ESOS Act but does not cite any cases or judicial interpretations. Consequently:
There are no cases named in the Rule text to indicate prior litigation about its meaning, operation or enforcement.
The Rule’s interplay with the HES Act and ESOS Act means future litigation over cancellation, deemed service, or the application of fee schedules would likely invoke those statutes; however, no such litigation history is recorded in the instrument itself.
Practitioners should be aware that disputes arising from the Rule (for example cancellation, deprivation of award, withholding transcripts, or treatment of cross‑institutional students) will turn on the Rule’s text read with the HES Act and ESOS Act and on how the Registrar exercises the discretions the Rule confers.
Because the instrument contains no internal litigation history, any analysis of case law or judicial trends must be sourced from external authorities, which are outside the scope of this text. The Rule does reference HES Act sections that impose reporting and notice duties (s 14), so administrative decisions under the Rule may be subject to judicial review where procedural fairness or statutory compliance is in dispute.
Gotchas
The Rule contains several operational and legal features that commonly give rise to disputes or compliance failures if overlooked. These points are practical traps or friction points that the people implementing or complying with the Rule should be aware of.
The operative price list is the published schedule on the University website, not the Rule text. The “contribution amounts and fees schedule” is defined by reference to what is published on the University website and can be withdrawn and replaced (s 4 definition). Do not rely on an earlier printed schedule; check the website for the latest schedule and replacements.
Census date immutability for Commonwealth supported students. The Registrar may not extend the payment date for a Commonwealth supported student beyond the relevant census date (s 22(2)). That restriction means the usual Registrar discretion to grant extensions does not permit moving the statutory deadline that determines HECS/FEE‑HELP and student liability consequences.
Student remains liable if third party fails to pay. If an employer or other third party undertakes to pay fees, the student remains personally liable for any unpaid amounts (s 25(2)). Acceptance of a third‑party undertaking does not, of itself, extinguish student liability.
Scholarships and funding relieve the student only to the extent obligations are actually met. The Rule repeatedly states that scholarships or employer funding relieve the student where the scholarship/arrangement meets the obligation; if it does not, the student remains personally liable (ss 7(3)-(4), 9(3)-(4)). Documentation is therefore crucial.
Cross‑institutional students treated as fee‑paying if exempted by scholarship at home institution. A cross‑institutional student from another tertiary institution who holds a scholarship exempting them from paying fees is, for the University’s purposes, treated as enrolled at the other institution on a fee‑paying basis (s 8(6)). That has consequences for fee recovery and eligibility for Commonwealth supported places.
Service rules are strict and conclusive. Notices sent to addresses or emails recorded in University records are taken to have been served on the relevant day by post or email (s 28(3)-(4)). Students who fail to keep contact details up to date risk deemed notice of fee demands or cancellation actions. The Registrar may require notice of changes of address under s 21(1)(f).
Cancellation does not extinguish debt and additional fees can be charged for revival. Cancellation under s 23 does not remove unpaid liability (s 23(2)). Revival requires a recommendation from the relevant authority plus payment of all owed amounts and any additional fee (s 24(3)). Revival costs may be significant.
Broad discretionary power over instalments, refunds and late fees. The Registrar determines circumstances for instalments and refunds (s 21(1)(d)-(e)); those are not entitlements but discretionary rules published by notice. Students and advisers should look to the Registrar’s published notices to know available reliefs and conditions.
International student protections require specific compliance. Cancellation for non‑payment must comply with the ESOS Act (s 23(3)), which imposes obligations that can differ from domestic student treatment. Institutions must observe ESOS procedural protections or risk regulatory sanctions.
Tax File Number requirement timing. To defer payment via HECS/FEE‑HELP, a contributing student must provide a TFN or a Certificate of Application before the relevant census date, and if only a certificate is provided, the TFN must be submitted within 15 working days of receipt (s 12(3)-(4)). Late TFN provision can affect eligibility for deferral.
Multiple fee types and who collects them can be confusing. The Registrar collects the main tuition and contribution amounts (s 20(1)), while nominees collect non‑award and residential accommodation fees (s 20(2)). The Vice‑Chancellor may direct which types the Registrar or nominees collect (s 20(1)(b), 20(2)(b)). Misallocating collection responsibility can delay recovery and confuse students.
Paperwork control: approved forms mandatory. Where the Registrar approves a form for a particular purpose, that form must be used (s 27(2)), and approved forms must be available on the University’s website or otherwise (s 27(3)). Using the wrong form can invalidate an application for extension, remission or revival.
How to comply
This is a practical checklist and procedural guide, grounded in the Rule’s text, for students, administrators, nominees and third parties to reduce risk of non‑compliance.
For students (domestic, contributing, overseas, cross‑institutional)
Always check the current contribution amounts and fees schedule on the University website before enrolling or at the start of each semester/session/trimester (s 4 definition). The published schedule is the operative price list.
Pay tuition or student contribution amounts by the relevant census date, or take steps to defer via HECS‑HELP/FEE‑HELP if eligible (s 12(2)). For deferral:
Provide your Tax File Number (TFN) or a Certificate of Application for a TFN to the Registrar before the relevant census date (s 12(3)).
If you provide only the Certificate of Application, supply your TFN to the Registrar within 15 working days of receiving it from the ATO (s 12(4)).
If relying on a scholarship or employer funding to discharge tuition, ensure the scholarship or employer provides written confirmation the obligation will be met, and do not assume discharge until payment is made; otherwise you remain personally liable (ss 7(3)-(4), 9(3)-(4)).
For cross‑institutional enrolments, either take out FEE‑HELP before the relevant census date or confirm you have a Commonwealth supported place and have paid or deferred the contribution (s 8(5)). If holding a scholarship at the other institution that exempts payment at that institution, note the University treats you as enrolled elsewhere on a fee‑paying basis (s 8(6)).
Overseas students who obtain permanent residency must provide proof to the University before the census date of the first course in the semester/session/trimester to be treated as domestic for that period (s 10(2)). Be aware of visa time limitations that may keep you as an overseas student on the census date (s 10(3)).
Keep contact details current in University records. Notices sent to the addresses or emails held by the University are taken to have been served (s 28(2)-(4)). The Registrar may specify required notice of changes of address (s 21(1)(f)).
If you foresee difficulty in paying, apply to the Registrar for an extension or exemption before the census date where possible. The Registrar has discretion to extend time for payment or exempt late fees but cannot extend a Commonwealth supported student’s payment beyond the census date (s 22(1)-(2)).
If your enrolment is cancelled for non‑payment, apply promptly for revival. Revival requires a recommendation by the relevant authority and payment of all owed fees plus any additional revival fee under the instrument (s 24(2)-(3)).
For University administration (Registrar, Vice‑Chancellor, nominees)
Maintain and publish an up‑to‑date contributions and fees schedule on the University website. Ensure the schedule is prepared in accordance with the HES Act and its guidelines (s 4 note). If replacing the schedule, ensure the replacement version is clearly dated and accessible to students.
Use the Registrar’s powers to issue written notices determining payment dates, methods, instalment conditions, refund/remission criteria and notice requirements; publish these notices on the University website (s 21(1)-(3)). Make the notices clear about census dates, instalment eligibility and required documentation (TFN, visa evidence, scholarship confirmations).
Ensure Registrar compliance with HES Act information and notice obligations listed in s 14 (HES Act ss 19‑70, 169‑5, 169‑10, 154‑55). Record the appropriate officer appointment in writing (s 13).
Where nominees are appointed by the Vice‑Chancellor, set their functions in writing and ensure contracts or instruments align with the Rule’s division of collection responsibilities (ss 19, 20). Ensure nominees’ agents are authorised in writing (s 30).
For overseas students, align cancellation and refund practices with ESOS obligations. When considering cancellation under s 23, document compliance with ESOS and HES Act procedural safeguards (s 23(3)).
Implement form control and publication: where an approved form is prescribed, require use of that form and make it available on the University website (s 27(1)-(3)).
Keep accurate, accessible records of all communications, notices and service attempts, because deemed service operates by reference to University records and posted/email delivery (s 28).
Apply the Rule’s limits to extensions: do not extend Commonwealth supported student payment dates past the relevant census date (s 22(2)). Document the rationale for any extension granted to preserve procedural defensibility.
For third‑party undertakings, obtain written undertakings and specify whether acceptance discharges student obligations only upon payment; keep records that student liability is preserved if third parties fail to pay (s 25).
Coordinate with legal, compliance and finance teams to ensure that the Rule’s fee schedule changes are authorised correctly, published promptly, and that the Registrar’s notices reflect HES Act constraints and ESOS protections.
For employers and third‑party payors
Provide written undertakings that clearly specify scope of payment and timing and ensure the student understands that personal liability remains unless the third party actually pays (s 25(1)-(2)).
Coordinate payment methods with the University Registrar or nominees and retain documentation proving payment to the University to avoid dispute about whether the student’s obligation was discharged (s 7(4), s 9(4)).
Record‑keeping and dispute preparation
Keep contemporaneous records of scholarship confirmations, employer undertakings, proof of TFN submission, proof of visa status, and all University notices. Where an enrolment is cancelled, preserve communications proving submission dates for TFN and scholarship confirmation to support any application for revival or complaint under HES Act or ESOS procedures (ss 12(3)-(4), 10(2), 24).
If enforcement occurs, check that the University acted within the Rule’s procedural requirements (publication of notices per s 21(3); HES Act and ESOS Act compliance for cancellation per s 23(3)).
By following these steps and focusing on the concrete documentary requirements in the Rule, stakeholders reduce the risk of unexpected sanctions and make administrative challenges more tractable.
This instrument is made under section 9.5 of the Vice-Chancellorship Statute 2013.
4 Definitions
In this instrument:
Commonwealth supported place means a place in a course in which a Commonwealth supported student may enrol.
Commonwealth supported student: see the HES Act, section 36-5 (Meaning of Commonwealth supported student).
contributing student means a Commonwealth supported student who receives HECS-HELP or FEE-HELP assistance.
contribution amounts and fees schedule, in relation to a period, means:
(a) the schedule of student contribution amounts, and tuition fees, determined by the University in relation to the period, and published on its website; or
(b) if that schedule is withdrawn by the University and a replacement schedule incorporating variations is published by the University on its website in relation to the period—the replacement schedule (or latest replacement schedule) published by the University on its website.
[Note: The HES Act, section 19-85 (Basic requirement) requires the University to charge, in accordance with the requirements of that Act, student contribution amounts and tuition fees for each unit of study in which it enrols students. The contribution amounts and fees are determined and published by the University in accordance with that Act and guidelines made under that Act.]
course means a unit of study within the meaning of the HES Act.
[Note: Unit of study is defined in the HES Act, Schedule 1 (Dictionary).]
coursework program means a program consisting:
(a) entirely of coursework; or
(b) of a combination of coursework and research if the research component is less than two-thirds of the total program requirements.
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 at the University in a course or other work requirement that forms part of a program offered by the University.
domestic student: see the HES Act, Schedule 1 (Dictionary).
[Note: A domestic student is defined as a student who is not an overseas student.]
enrolled, in relation to a student in a program, means a student who has registered an enrolment in a course of the program.
FEE-HELP is a loan scheme that assists eligible undergraduate or graduate students to pay their tuition fees.
graduate program means a program the completion of which leads to the award of a graduate degree, graduate diploma or graduate certificate.
HES Act means the Higher Education Support Act 2003.
late fee includes a fine or penalty levied as a disincentive for late payment of fees under this instrument or late enrolment in, or withdrawal from, a course.
nominee means a person who is appointed as a nominee under section 19 (Appointment of nominees etc.).
non-award program means a program that does not lead to the award of a degree, diploma or certificate, but consists of a course or work requirement that forms part of an undergraduate or graduate program.
[Note: A non-award program does not include studies undertaken on a ‘non-award basis’ within the meaning of the HES Act. (The term ‘non-award basis’ is defined in Schedule 1 of that Act).]
overseas student: see the HES Act, Schedule 1 (Dictionary).
program means a course of study within the meaning of the HES Act, and includes a program of study offered by the University or any course or work requirement forming part of such a program.
[Note: Course of study is defined in Schedule 1 to that Act.]
relevant authority, for a matter in relation to student who is or was enrolled in a program offered by the University, means the Associate Dean, Registrar or other authority of the University with responsibility for the matter in relation to the student.
research program means a program for which the research component is not less than two-thirds of the total program requirements.
semester means first semester or second semester.
session includes:
(a) in relation to a coursework program—summer session, autumn session, winter session and spring session; and
(b) in relation to a research program—research quarter 1, research quarter 2, research quarter 3 and research quarter 4.
student:
(a) in relation to a Commonwealth supported student—has the meaning given by the HES Act; and
(b) in any other case—a person who is, or is to be, enrolled in a program.
[Note: Student is defined in Schedule 1 to the HES Act.]
student contribution means a contribution payable under Division 2.3 (Commonwealth supported student contributions).
working day means a day that is not a Saturday, a Sunday, a public holiday in the Australian Capital Territory, or a University holiday.
5 Words and expressions used in HES Act
Unless the contrary intention appears, a word or expression used in this instrument and the HES Act has the same meaning in this instrument as it has in the HES Act.
[Note: For example, census date is defined in Schedule 1 to the HES Act. The definition applies in relation to references to ‘census date’ in this instrument.]
6 Arrangements with other tertiary education institutions etc.
(1) If the Vice-Chancellor or a Deputy Vice-Chancellor arranges for a program to be offered in conjunction with another tertiary education institution or educational provider, a provision of this instrument has no effect in relation to a person undertaking the program to the extent to which it is inconsistent with a provision of the arrangement.
(2) If the Vice-Chancellor or a Deputy Vice-Chancellor enters into a contract with a private or government organisation for a program to be offered, a provision of this instrument has no effect in relation to a person undertaking the program to the extent to which it is inconsistent with a provision of the contract.
(3) For this section, a provision of this instrument is not inconsistent with a provision of an arrangement or contract mentioned in this section to the extent to which both provisions can operate concurrently.
Part 2—Payment of student contribution amounts and fees
Division 2.1—Domestic student tuition fees
7 Domestic students: fees for award programs
(1) This section applies to a domestic student if the student is enrolled in a program for an award for any semester, session or trimester.
(2) The student must pay the University the tuition fees payable, under the contribution amounts and fees schedule, for the courses to be undertaken in the program for the semester, session or trimester.
(3) However, the student is not required to pay tuition fees if:
(a) the student:
(i) is eligible for FEE-HELP or HECS-HELP assistance from the Commonwealth and has taken out a FEE-HELP or HECS-HELP loan before the relevant census date; or
(ii) holds an Australian Government Research Training Program Domestic Fee Offset Scholarship; or
(iii) holds a full tuition fee scholarship funded by the University; or
(iv) holds a place fully funded by an employer; and
(b) the student’s obligation to pay the fees is met under the arrangement or scholarship mentioned in paragraph (a).
(4) To remove any doubt, a student mentioned in subsection (3)(a) remains personally liable to pay tuition fees if the student’s obligation to pay the fees is not met under the arrangement or scholarship.
(5) Also, if the Vice-Chancellor, Deputy Vice-Chancellor or relevant Associate Dean sponsors all or part of the student’s tuition fees in accordance with the HES Act, the student is not required to pay the sponsored fees.
8 Domestic students: fees for non-award programs etc.
(1) If a student is enrolled in a non-award program for any semester, session or trimester, the student must pay the University the tuition fees payable, under the contribution amounts and fees schedule, for the courses to be undertaken in the program for the semester, session or trimester.
(2) The student must pay the tuition fees whether or not the student’s performance is to be examined.
(3) If a contributing student is enrolled in a course for any semester, session or trimester and the course does not have a Commonwealth supported place for that semester, session or trimester, the student must pay the University the tuition fees payable, under the contribution amounts and fees schedule, for that course.
(4) If a cross-institutional student of another tertiary institution is enrolled in a course or other work requirement for any semester, session or trimester and the course or other work requirement forms part of a coursework program offered by the University, the student must pay the University the tuition fees payable, under the contribution amounts and fees schedule, for that course or other work requirement.
(5) However, the cross-institutional student is not required to pay the tuition fees if:
(a) the student discharges the student’s liability by taking out a FEE-HELP loan before the relevant census date; or
(b) the student is awarded a Commonwealth supported place by the University and either pays the student contribution amount or defers the student contribution using HECS-HELP.
(6) If a cross-institutional student of another tertiary education institution holds a scholarship or other award that exempts the student from a requirement to pay tuition fees, the student is taken to be enrolled at the other institution on a fee-paying basis.
Division 2.2—Overseas student fees
9 Overseas students: fees
(1) This section applies to an overseas student if the student is (or is to be) enrolled in a program for any semester, session or trimester.
(2) The student must pay the University the fees payable, under the contribution amounts and fees schedule, for the courses to be undertaken in the program for the semester, session or trimester.
(3) However, the student is not required to pay fees if the student holds a scholarship, approved by the University, that meets the student’s obligation to pay the fees and the student’s obligation to pay the fees is met under the scholarship.
(4) To remove any doubt, the student mentioned in subsection (3) remains personally liable to pay fees if the student’s obligation to pay the fees is not met under the scholarship.
(5) Also, if the Vice-Chancellor, Deputy Vice-Chancellor or relevant Associate Dean sponsors all or part of the student’s tuition fees in accordance with the HES Act, the student is not required to pay the sponsored fees.
10 Overseas students becoming permanent visa holders
(1) If an overseas student becomes a permanent visa holder after arriving in Australia, the person ceases to be an overseas student, and is to be treated as a domestic student, if the HES Act, or a legislative instrument under the HES Act, so requires.
(2) However, the person must, before the census date of the first course in the semester, session or trimester in which the person is enrolled, provide proof to the University that the person has become a permanent visa holder to be eligible to be treated as a domestic student for that semester, session or trimester.
(3) Also, if the continued entitlement of an overseas student to stay in Australia, or to enter and stay in Australia, is subject to any limitation as to time imposed by law on the census date for a semester, session or trimester, the person remains an overseas student for that semester, session or trimester.
[Commonwealth supported students are eligible domestic students who are offered a Commonwealth supported place by the University. Commonwealth supported students pay a contribution to the cost of their program and the Commonwealth pays the remainder of their tuition.]
12 Student contribution amounts
(1) If a contributing student is, in any semester, session or trimester, undertaking a program at the University on the relevant census date, the contributing student must pay the University for that semester, session or trimester the student contribution amount payable, under the contributions amount and fees schedule, towards the cost of the provision of that program.
(2) A contribut
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