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Fees Rules 2013

FRLI: F2013L00272

Portfolio: Tertiary Education, Skills, Science and Research

Summary of committee view

1.1        The committee seeks information on whether these rules are compatible with the right to education and the right to a fair hearing.

Overview

1.2        These rules authorise the types of fees the Australian National University (ANU) 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.

Compatibility with human rights

1.3        A statement of compatibility was not provided for this instrument. A statement was not required as these rules are not defined as a disallowable legislative instrument within the meaning of section 42 of the Legislative Instruments Act 2003.[1] The committee's scrutiny mandate, however, is not limited to the section 42 definition and extends to all legislative instruments.[2]

1.4        The rules provide for a range of powers that may be exercised by the Vice-Chancellor or the Registrar in relation to the payment and collection of fees. These include cancelling the enrolment of a person as a student or preventing a person from enrolling or re-enrolling in a program or course for the non-payment of fees. It is not apparent what options are available to review or appeal such decisions. These powers are likely to engage the right to education in article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the right to a fair hearing in article 14(1) of the International Covenant on Civil and Political Rights (ICCPR).

1.5                  The committee intends to write to the Minister for Tertiary Education, Skills, Science and Research to seek clarification as to whether the procedures set out in these rules are compatible with human rights, in particular the right to education in article 13 of the ICESCR and the right to a fair hearing in article 14(1) of the ICCPR.

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