As specified in section 159YC(1) of the Education Act, it is a condition of a tertiary education organisation (TEO) receiving funding that the TEO will supply to the TEC, from time to time as required by the TEC, and in the form specified by the TEC, any financial, statistical, or other information that the TEO is required by the TEC to supply.

ITP to supply information to the TEC

This condition applies to an ITP that receives Special Education SSG funding.

The ITP must supply to the TEC information about funding provided for additional tutor support for special education using the TEC’s reporting template due at the end of each year.  

The ITP must, during the period that the ITP receives funding from the Special Education SSG, continue to be an ITP as defined by section 159 of the Education Act 1989.

The TEO must:

a)  not (without the TEC's prior written consent) seek or obtain any funding from any Crown source other than the TEC to fund a programme or training scheme that is delivered using SAC funding; and

b)  notify the TEC immediately if it becomes aware of any circumstances that might result in a breach of subparagraph (a) of this condition. 

The TEO must only use Special Education SSG funding:

a)  lawfully, responsibly, and for the purposes for which the funding is provided; and b)  in a manner consistent with the appropriate use of public funds. 

If the TEC, in accordance with section 159YG of the Education Act 1989, suspends or revokes some or all of the TEO's Special Education SSG funding before some or all of that funding has been used or contractually committed towards the purposes for which it was provided, the TEO must treat the unexpended or uncommitted portion of funding as a debt due to the Crown that:

a)  is repayable on demand by the TEC; and

b)  may be set-off against all or any funding, or any sum of money payable by the TEC to the TEO.

If the TEO receives funding that is greater than the amount it should have been, or that the TEO was not entitled to receive, then the TEO must treat the amount of over-funding received as a debt due to the Crown that:

a)  is repayable on demand by the TEC; and

b)  may be set-off against all or any funding, or any sum of money payable by the TEC to the TEO.

By accepting funding from the TEC the TEO is deemed to have acknowledged that one of the TEC’s statutory functions is to monitor the performance of organisations receiving funding from the TEC, and that it is a statutory condition that the TEO must maintain certain records and supply certain information to the TEC.

Accordingly, by accepting funding from the TEC the TEO is deemed to have acknowledged that the TEC needs access to certain information to enable it to undertake its monitoring activities and, as such, the TEO authorises the TEC (and any representative acting on behalf of the TEC) to have reasonable access to information needed by the TEC to undertake its review and monitoring function.

This includes the TEO authorising the TEC and the TEC’s appointed representatives to have reasonable access to the TEO’s premises and any premises where the TEO’s records are kept for the purpose of enabling monitoring and review activities to be undertaken at those premises.