Suspension or revocation of funding given under section 159YA

Heading: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

159YG Commission may suspend or revoke funding given under section 159YA

(1)

The Commission may suspend or revoke some or all funding given under section 159YA if it is satisfied on reasonable grounds that—

(a)

an organisation has not complied, or is not complying, with a condition on which funding has been given under section 159YA; or

(b)

when measured against performance indicators, the organisation has not achieved, or is not achieving, an outcome anticipated in its plan for a tertiary education programme or activity in relation to which funding has been given under section 159YA; or

(c)

the organisation has not provided, or is not providing, adequate and timely information required by the Commission or Ministry under section 159YC.

(2)

Before deciding whether to suspend or revoke some or all funding given under section 159YA, the Commission must—

(a)

notify the organisation of the specific matters of concern; and

(b)

give the organisation a reasonable opportunity to be heard.

(3)

The Commission must give its reasons to an organisation if it decides to suspend or revoke some or all funding given under section 159YA.

(4)

The Commission must advise an organisation of the following matters if it decides to suspend some or all funding given under section 159YA:

(a)

the date on which the suspension will end and, as a consequence, some or all funding will be revoked; and

(b)

what action the organisation must take in order to have the suspension lifted and avoid some or all funding being revoked.

(5)

A suspension must be for a period that the Commission considers reasonable, having considered—

(a)

the specific matters referred to in subsection (2)(a); and

(b)

the action referred to in subsection (4)(b).

Section 159YG: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).