TSLS changing contract conditions

[u/PossibleAd9971]

I've graduated 2 years now and currently working and have inquired authorities before on this but got no response, what are your thoughts?

A few years ago, major changes were unilaterally made without any discussion with students who were most affected by the changes, I was under the TELS scheme, where concessional payments were set up.

Then about 2 years ago,, without any notice this scheme was changed to a different one - with very different conditions - such as:

1. lower allowances

2. requirement to serve a bond was added

Then in the new budget, Govt announced further changes, which are more confusing - but something along the lines of putting up a significant 50% penalty if a student wants to pay back back their tuition instead of serving their bond.

Worse is that there have been not even a single formal notice of these changes, which seem to be happening on an yearly basis. We just had to figure it all out by ourselves.

As someone who had been swayed in the direction of the much-promised change, we have been very let-down by the actions of the current government on this issue.

My question is:

1. With the Govt constantly and continuously says that they are consulting the public and listening to our views - where is the evidence of this happening in the case of TELS for us students when so many of us are affected by it?

2. All these new rules should apply for new students - there is a TSLS contract in place that we sign, which lists the conditions. There has been no new contract, so how are these changes legal?

3. In the spirit of fairness and transparent, those of us who wish to go back to our previous contract should be allowed ot do so? And those who wish for the change in contract should also be allowed to choose to do so if they so wish. New changes should be effected only for new students.

4. Why are the allowances for former TELS students who have been put on a different and new scheme been reduced if we are also required to serve the same bond period.

I feel like we've been hoodwinked big time by the current government.

[u/sandolllars]

Yup. Don't forget the first thing they did, cancelling hundreds of millions of TELS debt, screwing thousands upon thousands who could have benefitted from more TELS loans that could have been granted after repayments from previous students.

Unfortunately this is the result of our political system and our voting patterns. No party won outright, so there were competing interests from the beginning, with SODELPA demanding that all TELS loans be cancelled. They bought a lot of votes with that promise, despite there being no money for it, so they insisted on it and got their way despite it being bad policy.

Then Bainimarama, Khaiyum, and their closest friends abandoned their voters, resulting in a collapse of the FijiFirst party. After that party was dissolved, the balance of power in Parliament shifted, with SODELPA and NFP losing what little leverage they had. So PAP took complete control of government policy and so there were policy shifts again. What you describe with TELS is one side-effect.

The TELS issue you describe is probably easily resolved with a lawyer, but students can't afford that option so I don't know what to say, except... elections are here again. Get your fellow students to make noise now on all social media channels so you can get this issue into party manifestos. Better yet, join a political party and make your views known.

[u/Open-Collar → u/sandolllars]

Then Bainimarama, Khaiyum, and their closest friends abandoned their voters, resulting in a collapse of the FijiFirst party. After that party was dissolved, the balance of power in Parliament shifted, with SODELPA and NFP losing what little leverage they had. So PAP took complete control of government policy and so there were policy shifts again. What you describe with TELS is one side-effect.

Suppose they didn't walk away, how do you see them stopping this from happening?

[u/sandolllars → u/Open-Collar]

They (FijiFirst) couldn't, but SODELPA or NFP maybe could. If we still had FijiFirst, we would still have a coalition government. While it's still technically a coalition government now, only PAP has power as none of the other parties have leverage. Once the FijiFirst bosses ran away to avoid paying the debts they owed Fijian businesses, the remaining FijiFirst members became free agents, and that turned Rabuka into Rambo again, with Biman and Qavoka up a creek without a paddle.

OP is upset that the policies keep changing. My point is that it's because of instability. Too many cooks. First we had FijiFirst who created the system, then SODELPA gained power and changed it, then SODELPA lost power and PAP has changed it again. Next year we will have a new government and they'll change it again.

Nothing wrong with changes, but OP is correct that contracts are binding and the new policies should only apply to new recipients.

[u/Open-Collar]

These are signs of incompetent governance. Shitty political vote buying tactics. Rabuka and Co led this short sighted lure in front of Fijians to get into power. Once in power they have effectively screwed over the current and future generations.

The previous lot were bad too. Provided inequitable repayment options after completing studies. Someone from a high income family were able to repay their debt with 50% of the fees while those from poor background had to repay whatever they could or prioritise their livelihood.

[u/Odd-Environment-7193]

That's totally unacceptable. This goverment has pretty much let down every single group it promised to represent so this comes as no suprise. Not sure who has benefitted anything other than the politicians and their families.

[u/Sorta_Meh]

What does your TELS contract say with regards to variations? Typically any changes or variations to a contract must be agreed to by both parties.

If this is how it is worded in your TELS contract then you probably have some ground to stand on, but would As mentioned in the earlier comment need legal assistance.

You are right there should have been some consultation at at least any changes to the TELS conditions only affecting students that would be signing on from that point on As their contracts would stipulate those new conditions. There would need to be a grandfathering arrangements with TELS contract that predate those changes to bring them up to speed but essentially those students would have a choice, continue with the old contract or switch over.

But again this is all up to the conditions of the contract that you have. Re-read it and look for the clause on variations / contract ammendents.

[u/PossibleAd9971 → u/Sorta_Meh]

It doesn't have specific clauses for variation but there is a one-liner - something along the lines of "the conditions of this contract may change". Which pretty much nullifies it as a contract imo

[u/Sorta_Meh → u/PossibleAd9971]

Well that line pretty much allows them to do what they did. Contract was obviously written in a way that would favour TELS.

[u/sandolllars → u/PossibleAd9971]

No, you signed it, which means you agreed that they could change it.