Fees policy - alleged breaches

TEOs are responsible for setting fee/course costs for new courses that comply with the fees policy requirements set out in the funding information. We conduct audits of fee/course costs for new courses as part of our course approval process. TEOs must be able to justify their fee/course costs to ensure continued access to funding.

We may, during and following our investigation of a TEO’s compliance with the fees policy and reporting requirements, continue to fund a course that we allege has fee/course costs that breach the fees policy.

TEOs must refund any overcharged components of fee/course costs as applicable, in accordance with Condition SAC110[1], directly to StudyLink if applicable.

Where a TEO does not correct overcharging, under Condition SAC113[2] we may withdraw funding and recover funding already provided.

• [1]

  Condition SAC110: Refunding overcharged fees

  If a tertiary education organisation (TEO) breaches the fees policy, but subsequently corrects its fee/course costs, the TEO must promptly refund the overcharged component of the fee/course costs as applicable.

  If a learner has borrowed from StudyLink to pay fee/course costs, the TEO must refund StudyLink - not the learner.

• [2]

  Condition SAC113: Funding consequences if overcharging in breach of policy

  If the Tertiary Education Commission (TEC) confirms that fee/course costs exceed that allowed by the Annual Maximum Fee Movement policy, and the tertiary education organisation wants to continue charging the fee/course costs, the TEC may:

  • withdraw funding approval for that course
  • recover the funding already provided (if any) through a wash-up following the next Single Data Return submission.