Fees and Charges, Non-Trust Awards and Trusts Governance

Statute 10.1 - Fees and Charges

Interpretation

10.1.1 In this statute-

"academic record" means a record of every year of a student's enrolment and includes all results of assessment and all conferrals and grants made under section 10 of the Act;

"enactment" means an Act of the Commonwealth or of the State of Victoria.

Tuition fees and other charges

10.1.2 (1) Every enrolled student who is a member of a class of students in respect of whom-

  1. the University is required under, or in consequence of, an enactment to impose fees and other charges,or
  2. the University determines to charge fees or impose other charges

    must pay to the University, for each year or semester in which the student is enrolled, an amount determined annually by the University to be payable in respect of that year or semester for such fees and other charges.

(2) In determining the amount payable for fees and other charges under sub-section (1), the University must take into account, as applicable-

  1. the work which constitutes the whole of the work of a Year of the course for which the student is enrolled;
  2. the work to be undertaken by the student during each year;
  3. the fees and charges prescribed under all enactments; and
  4. any other relevant matters.

(3) For the purposes of this section, the appropriate faculty or the Board may by resolution determine-

  1. the work which constitutes the whole of the work of a Year; and
  2. the system of measurement by which parts of a particular course are to be calculated.

Fees for other courses or subjects

10.1.3 The University may determine the fee to be charged to a person for enrolment for a course or subject that is not being undertaken for the purpose of obtaining a degree or diploma, and that person must pay such fee and any related charges to the University in accordance with the terms imposed by the University.

Exemption from fees

10.1.4 Subject to any enactment and this statute, Council may exempt any class of persons from liability to pay any fee or charge or part thereof payable as provided under this statute.

Payment of fees

10.1.5 (1) All fees and charges payable under this statute must be paid in full at the time of enrolment or re-enrolment or as otherwise provided in this section.

(2) In special circumstances, the academic registrar may grant to any person an extension of time for enrolment, re-enrolment or payment of fees which extension of time may, at the discretion of the academic registrar, be subject to the payment of an additional fee as determined by the University from time to time.

(3) The academic registrar may suspend or cancel an enrolment accepted under subsections (1) or (2) if all fees due have not been paid by the specified date. If, in special circumstances, the academic registrar allows a person whose enrolment has been suspended or cancelled to be reinstated as an enrolled student, the person must pay all fees and charges payable under sub-section (1), together with a reinstatement fee, which is determined from time to time by the University, before the reinstated enrolment is confirmed.

Recovery of amounts owed as fees

10.1.6 Any amount owed to the University as fees or charges by a person whose enrolment is suspended or cancelled, including a person whose enrolment is suspended or cancelled under sub-section 10.1.5(3), is payable as a debt and may be recovered by the University.

Offsetting of fees and charges

10.1.7 Any amount paid as tuition fees or other fees or charges to which a student is entitled to reimbursement, may be applied by the University in respect of unpaid fees or charges or accommodation-related expenses or any other amount owed to the University including any amount owed in respect of a loan from the University Students Loan Fund, PROVIDED THAT the amount owing is overdue and a written demand for that amount has been made to the student.

Fees and charges for academic records

10.1.8 (1) The provost is authorised to set fees and charges for academic records, transcripts or testamurs, replacement student cards, late fees related to enrolment or re-enrolment, charges for verification of enrolment and qualification and charges related to fee statements or extensions, and other charges related to such matters.

Charges for amenities, services and facilities

10.1.9 The University may determine the charge to be made to any organisation or person for any amenities, facilities or services provided by the University for use by the organisation or person.

Non-payment of moneys owing

10.1.10 (1) Unless the vice-chancellor or the provost gives written consent in a particular case, a person who has not paid all fees, charges or other moneys owing by the person to the University, or to any of its controlled entities in relation to any services provided to students, is not entitled to-

  1. enrol; or
  2. receive any results of assessment; or
  3. graduate or receive a diploma in the University; or
  4. receive a certificate of academic record.

(2) Any money owed in respect of-

  1. a loan provided from the University Students Loan Fund;
  2. accommodation provided by any body of the University which remains unpaid beyond the due date for repayment is to be regarded as a charge for the purposes of this section; or
  3. services provided to students through MUSUL, including Rowden White Library;

which remains unpaid beyond the due date for repayment is to be regarded as moneys owing for the purposes of this section.

Publication of fees and charges

10.1.11 The academic registrar must publish, or cause to be published, details relating to fees and charges determined as provided in this statute.

  • [s. 10.1.15 en. 15/8/95, s. 11 subst., ss. 11-15 renumbered 12-16 3/03/03, am approved by Minister 13/3/08; sections 10.1.1, 10.1.2, 10.1.3, 10.1.4, 10.1.5, 10.1.7, 10.1.8, 10.1.9, 10.1.10 & 10.1.11 amended 12/7/10 – approved by the Minister 29/9/10; ; section 10.1.10 amended by Council 6/12/2010 – approved by the Minister 11/1/2011.]

Regulations Made Under Statute 10.1

  • Regulation 10.1.R1 - Directions Regarding Details of Fees (Revoked April 2013)

Statute 10.2 - Non-Trust Awards

Eligibility for prizes etc.

10.2.1 Subject to any other statute or regulation a prize, exhibition or scholarship may be awarded only to a person who has been placed in the class list for the subject and who-

  1. has not previously been awarded that prize, exhibition or scholarship;
  2. has not previously competed for that prize, exhibition or scholarship;
  3. is enrolled in a course for a degree or diploma; and
  4. if a course is divided into Years, has-
    1. completed or received credit for the previous Year;
    2. has fulfilled in one year all the requirements for the relevant Year;
    3. has completed in the year of competition all the subjects of the Year; and
    4. has not been awarded in any subject of the Year a supplementary assessment otherwise than under any statute, regulation or policy of the University dealing with applications for special consideration.

Other conditions for award of prizes etc.

10.2.2

  1. If no student or applicant is considered worthy of the award of a particular prize, exhibition, scholarship or bursary, the award is not to be made.
  2. If a subject is common to two or more courses, only one prize, exhibition or scholarship (as the case may be) is to be awarded for that subject, unless otherwise provided in any statute or regulation.
  3. Unless otherwise provided in any statute or regulation, if one prize, exhibition or scholarship is to be awarded for any course or subject, the prize, exhibition or scholarship is to be awarded to one student.

Deposit of thesis or work in the Library

10.2.3 If a prize, exhibition or scholarship is awarded in respect of a thesis or other work of a similar kind, the academic registrar must deposit a copy of the thesis or work in the Library.

  • [s. 3 am. 3/5/99, effective 1/7/99, s. 2(4) enacted 3/9/01. Title, section 10.2.1(iv), 10.2.2(3) amended; sections 10.2.2(4), 10.2.4, 10.2.5, 10.2.6 and 10.2.7 deleted 14/12/09 – approved by the Minister 1/3/10]

Statute 10.3 - Trusts Governance

10.3.1 Definitions

  1. In this Statute, unless inconsistent with the context or subject matter-
    1. 'award' includes prizes, scholarships, exhibitions and bursaries.
    2. 'net annual income' is the annual income of the trust fund less any deductions allowable under the terms of the trust or the Act, such deductions to include income added to capital and income deducted as commission pursuant to the Act.
    3. 'trust fund' means any fund comprising trust monies.
    4. 'trust monies' are monies or other property held by the University on trust for a designated charitable purpose.
    5. 'unexpended monies' are monies available for expenditure pursuant to the terms of a trust, but not expended.
    6. 'University trust record' means a document not being a regulation or any other form of subordinate legislation which is certified by a staff member of the University designated by the Vice-Chancellor for that purpose to contain an accurate record of the relevant background to the creation of the trust fund, the trust terms and any administrative provisions devised by the University for the implementation of the trust according to its terms.
  2. The terms defined in sub-section (1) shall have the same meaning in any regulation or University trust record, unless inconsistent with the trust terms, the context or subject matter.

10.3.2 University Trust Record

  1. The University may record the terms of its acceptance and administration of any trust fund in a regulation coming within the terms of the Act, or in a University trust record.
  2. The University may maintain a consolidated record of regulations reflecting the terms of trusts (and related background and administrative provisions) and University trust records, in such manner as in the University's absolute discretion facilitates access to that information for any person who may need to review the terms and other provisions referable to any trust administered by the University and recorded in a regulation or University trust record.
  3. The University may at any time elect to revoke all or any regulations reflecting trust terms and other provisions referable to such trusts, and create University trust records reflecting the same terms and provisions, and the University shall continue to be bound by the terms of such trusts as then reflected in University trust records.

10.3.3 Trust Capital and Income

Subject to the terms of the Act and this statute, trust monies must be spent only in accordance with the terms on which such monies are held as required by the terms recorded in the relevant regulation or University trust record or, where no regulation or University trust record exists, the instrument whether made by the University or any third party which records the trust terms.

10.3.4 Accountability of Deans and Heads

Subject to section 10.3.3, deans and heads of non-academic departments may in writing authorise expenditure from trust funds which are to be administered by them, and they are accountable to the University for any such expenditure. They must certify when so required by the University for compliance purposes-

  1. the name of, or an identification reference for, the relevant trust;
  2. the applicable trust requirement whether or not reflected in a regulation or University trust record;
  3. the amount of money available for distribution in fulfilment of the trust requirement;
  4. the amount of money expended in fulfilment of the trust requirement;
  5. the manner in which the expended monies were applied; and
  6. such other information referable to compliance as may be required from time to time by the University.

10.3.5 Decisions to be made by Council

Subject to the terms of the Act, including any power of Council to delegate the performance of trust obligations notwithstanding any rule of common law or equity, where the terms of a trust oblige Council to make a decision, including making an award or otherwise applying trust monies, Council must make the decision, taking into account such recommendations as may be made by officers, committees or the Board as required by the trust terms or, as prescribed by the University from time to time.

10.3.6 Decisions to be made by the University

Subject to section 10.3.5, when the University is appointed as trustee of any trust fund, the University may make any decision as trustee to make awards from, or to apply, trust monies, or authorise other payment from trust funds by the dean or applicable head of department accountable for expenditure under section 10.3.4. All such decisions must be in writing.

10.3.7 Shortfall in Income

If in any year the income of any trust fund is insufficient to provide the full amount prescribed by regulation or University trust record for any award, then, subject to the terms of the gift, the amount of the award for that year may be reduced to the net annual income.

10.3.8 Unexpended Income

Subject to any Act or trust terms to the contrary, in accordance with trust law, any unexpended income in any perpetual trust fund in any year is to be retained as income and be available in any subsequent year for the purpose of the fund.

10.3.9 Addition of Income to Capital

  1. Where trust terms require or permit unexpended income to be added to the capital of the fund, the University must comply with the requirement so imposed or may act pursuant to the permission so given.
  2. Subject to sub-section (1) and to any Victorian Act, the net annual income of each trust fund is to be applied in its entirety towards the implementation of the trust purpose.

10.3.10 Power to amend administrative arrangements

  1. The University may by regulation or University trust record amend any administrative arrangements established by it from time to time to implement or administer the terms of any gift received by it.
  2. The terms upon which a donor has made a gift are only altered as provided in the Act or otherwise alterable as provided in the Charities Act 1978.

10.3.11 Record Keeping

Where the terms of a trust are not governed by a regulation or University trust record, the University must maintain an appropriate and accessible record of -

  1. the terms of the trust as contained in either a formal trust instrument or relevant correspondence;
  2. any scheme or plan settled within the University for the application of the trust monies, consistent with the terms of the trust upon which they are held;
  3. amounts held and received from time to time;
  4. amounts available for expenditure from time to time;
  5. how the monies in paragraph (d) were expended, consistent with the terms of the trust; and
  6. unexpended monies.

10.3.12 Applicability of this Statute

All trust regulations prefaced by the numbers 6 or 7, whether remaining in the form of regulations or converted pursuant to section 10.3.2 to University trust records, are governed by this statute, as are all other University trust records.

10.3.13 Recommendations for Awards

Subject to any statute, regulation or University trust record, a head or a deputy head of the relevant academic unit (including a faculty) or administrative department of the University may act on behalf of that academic unit or administrative department in making any recommendation of that academic unit or administrative department for the purposes of an award. In all other situations, the chair of the relevant committee nominated by the president of the Board shall have authority to make recommendations for applicable undergraduate or graduate and postgraduate awards, as the case may be.

10.3.14 Making of regulations

The Council or the vice-chancellor may, by regulation, make rules and give directions regarding any matter relevant to this statute.

  • [Made by Council 14/12/09; approved by the Minister 1/3/10]