The individual made a statutory declaration that they met all of the eligibility criteria for Fees Free. However, the TEC later uncovered information showing they did not meet either the residency or prior study eligibility criteria they attested to before a Justice of Peace. The TEC acted on this information and the individual did not benefit financially from Fees Free.

“We are pleased with the successful outcome of this case, the first test of the new offence under the Education Act 1989,” says TEC Chief Executive Tim Fowler.

“The TEC takes any false statutory declarations very seriously and we hope the court’s decision serves as a deterrent to others. We have processes in place to identify, investigate, and take appropriate action when we identify false declarations,” Mr Fowler adds.

Following investigations and consultation with the Office of the Crown Solicitor, the TEC has to date laid charges against three individuals suspected of making false representations to access Fees Free tertiary education. The two other cases are still before the courts.

The TEC has a graduated approach in dealing with false statutory declarations ranging from issuing a caution or a warning, to prosecutions in cases where there is clear evidence an offence has been committed.

Fees Free tertiary education is aimed at first-time learners and seeks to make tertiary education and training affordable for all by expanding access and participation.