Student Assistance Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated 19 December 1985.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Susan Ryan
Minister of State for Education
“ ‘accrediting authority’ means an authority responsible, or principally responsible, before or after the commencement of the Act for the accreditation of advanced education courses in a State or Territory;”.
(S.R. 377/85)—Cat. No. 14/10.12.1985
“ ‘Master’s qualifying course’ means an approved course at a university—
(a) that qualifies a student for entry to a post-graduate course at a university for a degree of Master or Doctor;
(b) a qualification for entry to which is normally the completion at pass level of an undergraduate bachelor degree course of study or instruction; and
(c) that is not an undergraduate or post-graduate bachelor degree or diploma course;”.
(a) by omitting from sub-regulation (1) “34b and 34d” and substituting “34a, 34b and 34c”;
(b) by omitting paragraph (1) (b);
(c) by omitting paragraphs (1) (e), (f), (g) and (h) and substituting the following paragraphs:
“(e) if before the relevant day the applicant has, in Australia or elsewhere—
(i) completed a course of study or instruction that is of the same level as a course referred to in sub-regulation (3), (3a) or (3b); and
(ii) undertaken during a period of 6 months or more a course of study, instruction or research for a degree of Master or Doctor;
(f) if the applicant has completed—
(i) before the relevant day an approved course;
(ii) before the relevant day elsewhere than in Australia a course of study or instruction; or
(iii) before the commencement of the Act a course of study or instruction,
of a level higher than the level of the first mentioned course;
(g) where the applicant’s most recent year of study (excluding any study of a course that is not an approved course or that is a course of a lower level) was a year of study of the approved course, or of an approved course of the same level, being a course progress in which is permitted on the basis of a pass in the work of a year of the course—if the applicant because of failure to complete that year’s work successfully is not permitted by the institution to undertake the work of the next year of the course;
(h) where the applicant’s most recent year of study (excluding any study of a course that is not an approved course or that is a course of a lower level) was a year of full-time study of the approved course, or of an approved course of the same level, being a course progress in which is permitted on the basis of passes in subjects of the course—if the subjects that the applicant undertook in that year and successfully completed before the relevant day constituted less than one half of one year’s work for a full-time student of the course;
(ha) where the applicant’s most recent 2 years of study (excluding any study of a course that is not an approved course or that is a course of a lower level) were 2 years of part-time study of the approved course, or 2 years of part-time study of an approved course of the same level, being a course progress in which is permitted on the basis of passes in subjects of the course—if the subjects that the applicant undertook in those 2 years and successfully completed before the relevant day constituted less than one-half of 2 years’ work for a part-time student of the course;
(hb) where the applicant’s most recent 2 years of study (excluding any study of a course that is not an approved course or that is a course of a lower level) were a year of full-time study of the approved course followed by a year of part-time study of the approved course, being a course progress in which is permitted on the basis of passes in the subjects of the course— if the subjects that the applicant undertook in those 2 years and successfully completed before the relevant day constituted less than one half of the sum of one year’s work for a full-time and one year’s work for a part-time student;
(hc) where the applicant’s most recent 2 years of study (excluding any study of a course that is not an approved course or that is a course of a lower level) were a year of full-time study of another approved course of the same level followed by a year of part-time study of that other approved course, that other course being a course progress in which is permitted on the basis of passes in the subjects of the course—if the subjects that the applicant undertook in those 2 years and successfully completed before the relevant day constituted less than one half of the sum of one year’s work for a full-time and one year’s work for a part-time student of that other course;”;
(d) by omitting from sub-paragraph (1) (k) (i) “equivalent to an approved course”;
(e) by omitting from sub-paragraph (1) (l) (ii) “equivalent to that other approved course” and substituting “of the same level, and is in the same field of study, as that other approved course”;
(f) by omitting paragraph (l) (m) and substituting the following paragraph:
“(m) if the equation—
is satisfied where—
A is the sum of the periods of full-time and part-time study undertaken by the applicant before the relevant day (whether successfully or not) in the first-mentioned approved course and any other course of study or instruction that was, at the time the applicant last undertook the course before the relevant day, an approved course that the applicant has not completed and that is of the same level as the first-mentioned approved course;
B is the sum of any periods of study of the kind referred to in the definition of A during which the applicant was ineligible for Assistance by virtue of paragraph 34 (1) (g), (h), (j) or (m) of these Regulations as in force from time to time before 1985 or during which the applicant would have been ineligible for Assistance by virtue of one of those paragraphs if the applicant had applied for Assistance in respect of that study and if these Regulations had applied in respect of the applicant in respect of that study in respect of that period, excluding from that sum any period during which the applicant would have been eligible for Assistance in respect of that study by virtue of sub-regulation (5);
C is the sum of any periods of study of the kind referred to in the definition of A undertaken by the applicant after 1984 during which the applicant was ineligible for Assistance by virtue of paragraph (g), (h), (ha), (hb) or (hc) or during which the applicant would have been ineligible for Assistance by virtue of one of those paragraphs if the applicant had applied for Assistance in respect of that study and if these Regulations had applied in respect of the applicant in respect of that study in respect of that period, excluding from that sum any period during which the applicant would have been eligible for Assistance in respect of that study by virtue of sub-regulation (5); and
D is—
(i) where the work of the approved course that the applicant is undertaking, or proposes to undertake, is the work of an honours level bachelor degree course that is additional to the requirements for such a degree at pass level—the sum of the minimum
periods of study required to be undertaken by a full-time student in order to complete the whole of that bachelor degree at pass level plus one year of study; or
(ii) in any other case—the sum of the minimum periods of study required to be undertaken by a full-time student in order to complete the whole of the first mentioned approved course at pass level, excluding any additional periods of study that would have been required to be undertaken by a full-time student in order to complete the first mentioned approved course at honours level;”;
(g) by omitting sub-regulation (3) and substituting the following sub-regulations:
“(3) For the purposes of this regulation, courses of the following kinds are, subject to sub-regulation (3d), of the same level:
(a) a post-graduate bachelor degree course at a university with or without honours;
(b) a post-graduate diploma course at a university or advanced education institution;
(c) a post-diploma course at an advanced education institution;
(d) a graduate diploma course at an advanced education institution;
(e) a course of practical legal training at a university or an advanced education institution;
(f) a course of advanced education provided before the commencement of the Act that was regarded by an accrediting authority as being at PG1 level.
“(3A) For the purposes of this regulation, courses of the following kinds are of the same level:
(a) a Master’s qualifying course;
(b) a bachelor degree course (other than a post-graduate bachelor degree course) at a university with or without honours;
(c) a bachelor degree course (other than a post-graduate bachelor degree course) at an advanced education institution;
(d) a diploma course or an associate diploma course (other than a post-graduate diploma course, graduate diploma course or post-diploma course) at a university or an advanced education institution;
(e) an approved course that is a qualification for admission to practise as a legal practitioner of the High Court or of the Supreme Court of a State or Territory, not being an approved course that is a course of practical legal training at a university or an advanced education institution;
(f) an associateship or a fellowship course at an advanced education institution;
(g) a course at a technical and further education institution regarded by an advanced education institution as being of the same level as study undertaken for a degree or diploma at that advanced education institution;
(h) a degree, a diploma or an associate diploma course of advanced education at a technical and further education institution;
(j) a course of advanced education provided before the commencement of the Act that was regarded by an accrediting authority as being at UG1, UG2 or UG3 level;
(k) a 2-year teaching certificate course at a teacher training college established by the government of a State.
“(3b) For the purposes of this regulation, courses of the following kinds are, subject to sub-regulation (3e), of the same level:
(a) a course of technical and further education at an advanced education institution;
(b) a course at a technical and further education institution, not being a course referred to in paragraph (3a) (g), (h) or (j).
“(3c) For the purposes of this regulation—
(a) a course referred to in sub-regulation (3) is of a higher level than a course referred to in sub-regulation (3a) or (3b); and
(b) a course referred to in sub-regulation (3a) is of a higher level than a course referred to in sub-regulation (3b).
“(3d) For the purposes of this regulation—
(a) a post-graduate diploma course at a university or advanced education institution;
(b) a post-diploma course at an advanced education institution; or
(c) a graduate diploma course at an advanced education institution,
a normal requirement for entry to which is completion of another such course is of a higher level than that other course.
“(3e) For the purposes of this regulation, an approved course at a technical and further education institution a normal requirement for entry to which is completion of another approved course at a technical and further education institution is of a higher level than that other course.”;
(h) by omitting from sub-regulation (5) “the course of studies that he undertook in any year of study in his approved course” and substituting “the work of a course of study or instruction”;
(j) by omitting from sub-regulation (5a) “paragraphs (1) (k) and (m)” and substituting “paragraph (1) (k)”;
(k) by omitting sub-regulation (5b);
(m) by omitting from paragraph (5c) (b) “qualification for his entry to a course at the university for the degree of Master or Doctor” and substituting “Master’s qualifying course”;
(n) by omitting paragraphs (5c) (c), (d) and (e) and substituting the following paragraphs:
“(c) a course that the student undertook in Australia that is a post-graduate diploma course, a post-diploma course or a graduate diploma course; or
(d) a course that the student undertook elsewhere than in Australia the work of which corresponds to the work of the whole of a course of a kind referred to in paragraph (c)”;
(o) by inserting after sub-regulation (5c) the following sub-regulations:
“(5d) For the purposes of paragraphs (1) (k) and (m), where the approved course that an applicant is undertaking, or proposes to undertake, at a university is a Master’s qualifying course in a particular field of study, that course shall be taken to be an additional one year of study of an undergraduate bachelor degree course at pass level in that field of study at that university.
“(5e) For the purposes of paragraphs (1) (g), (h), (ha), (hb), (hc), (j) and (m), study undertaken by an applicant in a course of study or instruction prior to a continuous period of 10 years before the relevant year, being a period during which the applicant did not undertake any work of that course, is disregarded.”; and
(p) by omitting sub-regulation (7) and substituting the following sub-regulation:
“(7) For the purposes of paragraph (1) (k), an applicant who is undertaking, or proposes to undertake, an approved course that is the combination of 2 courses each of which is an approved course shall not be taken to have completed a course of study or instruction that is of the same level as the first-mentioned approved course by reason only of having completed one of those 2 courses.
(q) by omitting from sub-regulation (11) “the relevant” (second occurring) and substituting “that year of study”;
(r) by omitting sub-regulation (12) and substituting the following sub-regulations:
“(12) The reference in sub-regulation (5) to the failure of an applicant to complete successfully any work of a course due to the illness of the applicant, or to other circumstances beyond the control of the applicant, does not include a reference to an illness diagnosed, or other circumstances applicable, when the applicant commenced to undertake the work of the year in which that failure occurred.
“(13) For the purposes of paragraph (1) (m), in calculating, in relation to an applicant who has applied for Assistance in respect of an approved course, the periods of study undertaken by the
applicant in that course and in any other approved course of the same level, being study of the kind referred to in the definition of A in that paragraph—
(a) an applicant shall be regarded as having undertaken the whole of the normal full-time work of an approved course for a period if payment of living allowance would not have been prohibited by virtue of regulation 44b in respect of the applicant in respect of that course in respect of that period if the applicant had applied for Assistance and if these Regulations had applied in those respects;
(b) subject to paragraph (c), an applicant shall be regarded as having undertaken a period of part-time study of an approved course if living allowance would not have been payable by virtue of regulation 44b in respect of the applicant in respect of that course in respect of that period if the applicant had applied for Assistance and if these Regulations had applied in those respects;
(c) an applicant shall be regarded as having undertaken the whole of the normal full-time work of an approved course for a term, semester or year if the applicant was permitted by the institution to undertake any work of that term, semester or year of the course as a full-time student notwithstanding that—
(i) the applicant was permitted by the institution to commence to undertake the work of the course after the commencement of that term, semester or year, as the case may be; or
(ii) the applicant discontinued one or more subjects of the course before the end of that term, semester or year if the applicant was regarded by the institution as having failed to complete successfully that subject or those subjects;
(d) an applicant who undertakes, during a term, semester or year of full-time study of an approved course, work in respect of which paragraph (f), (g), (h), (j), (k), (q) or (r) applies, being work that is a fraction of the normal full-time amount of work of that course for that term, semester or year, shall be regarded as having undertaken that normal full-time amount of work less that fraction of it;
(e) an applicant who undertakes, during a term, semester or year of part-time study of an approved course, a fraction of the normal full-time amount of work of that course for that term, semester or year shall be regarded as having undertaken that fraction of that term, semester or year;
(f) work undertaken by the applicant in a course, being work in respect of which sub-regulation (2) applied in respect of the
applicant, or in respect of which that sub-regulation would have applied in respect of the applicant if the applicant had applied for Assistance in respect of that work and if these Regulations had applied in those respects, shall be disregarded;
(g) work undertaken by the applicant in a course of the same level as a course to which sub-regulation (3b) applies shall be disregarded if the minimum duration of the course undertaken by the applicant is not more than one year for a full-time student;
(h) work undertaken by the applicant in the first year of a course, being work in respect of which sub-regulation (4) applied in respect of the applicant, or in respect of which that sub-regulation would have applied in respect of the applicant if the applicant had applied for Assistance in respect of that work and if these Regulations had applied in those respects, shall be disregarded;
(j) work undertaken by the applicant in a year in a course, being work not undertaken successfully by reason of an illness of the applicant not diagnosed at the beginning of that year, shall be disregarded;
(k) work undertaken by the applicant in a year in a course, being work not undertaken successfully by reason of circumstances beyond the control of the applicant that were not applicable at the beginning of that year, shall be disregarded;
(m) repeat study of a subject undertaken by the applicant in a course during a period of part-time study in a year by reason of failure to undertake that subject successfully in a previous year of study in that course, being failure that occurred other than for a reason referred to in paragraph (j) or (k), shall be disregarded;
(n) work undertaken by the applicant in a course during a period of part-time study in a year in lieu of repeating another subject that the applicant had failed to undertake successfully in a previous year of study in that course, being failure that occurred other than for a reason referred to in paragraph (j) or (k), shall be disregarded;
(o) repeat study of a subject undertaken by the applicant in a course during a period of part-time study in a year by reason of failure to undertake that subject successfully in a period of part-time study in that course in that year, being failure that occurred other than for a reason referred to in paragraph (j) or (k), shall be disregarded;
(p) work undertaken by the applicant in a course during a period of part-time study in a year in lieu of repeating another subject that the applicant had failed to undertake successfully in a period of part-time study in that course in that year,
being failure that occurred other than for a reason referred to in paragraph (j) or (k), shall be disregarded;
(q) work undertaken by the applicant in an approved course during a period after 1984 during which the applicant was ineligible for Assistance by virtue of paragraph (1) (m), or would have been so ineligible if the applicant had applied for Assistance in respect of that work and if these Regulations had applied in respect of the applicant in respect of that work, shall be disregarded in respect of any application by the applicant for Assistance in respect of any period of study of an approved course after the expiration of that period of ineligibility; and
(r) work successfully undertaken in an approved course that the applicant ceased to undertake, and did not recommence, because of—
(i) an illness related to the nature of the course not diagnosed when the applicant commenced that course; or
(ii) other circumstances beyond the control of the applicant that were not applicable when the applicant commenced the course,
shall be disregarded.
“(14) For the purposes of paragraph (1) (k), work undertaken by an applicant in a course of the same level as a course to which sub-regulation (3b) applies shall be disregarded if the minimum duration of the course undertaken by the applicant is not more than one year for a full-time student.”.
“34a. (1) In this regulation, ‘prescribed course’ means a course of study or instruction that was successfully completed elsewhere than in Australia.
“(2) A certificate signed by a person holding or occupying the office of Director of the International Relations Section in the Department or by a person on behalf of the Committee on Overseas Professional Qualifications stating—
(a) that a prescribed course is of the same level as, or a higher level than, a course of a kind referred to in sub-regulation 34 (3), (3a) or (3b); or
(b) that the work of a prescribed course corresponds to the work of the whole, or a specified number or years of study of, a course of a kind referred to in sub-regulation 34 (3), (3a) or (3b),
is evidence of the matters set out in the certificate.
“(3) For the purposes of a certificate referred to in sub-regulation (2) concerning a prescribed course, the person signing the certificate shall have regard to the standard of work required for—
(a) successful completion of the prescribed course; and
(b) successful completion of a course of a kind referred to in sub-regulation 34 (3), (3a) or (3b) or of a specified number of years of study of a course of such a kind, as the case requires.
“(4) For the purposes of paragraph 34 (l) (k), where a certificate referred to in sub-regulation (2) states that the work of a prescribed course completed by a student corresponds to the work of a specified number of years of study of a course of a kind referred to in sub-regulation 34 (3), (3a) or (3b), that student shall be taken to have successfully undertaken in the prescribed course that specified number of years of study.
“(5) A certificate that purports to be signed by a person referred to in sub-regulation (2) shall be taken to have been so signed unless the contrary is proved.”.
“34c. An applicant is not eligible to be granted Assistance in respect of a Master’s qualifying course if the applicant has—
(a) before the relevant day undertaken in any Master’s qualifying course, as a part-time student, whether successfully or not, more than one-half of a year’s work for a full-time student of that course;
(b) before the relevant day undertaken, whether successfully or not, the work of an honours level bachelor degree that is additional to the requirements for such a degree at pass level;
(c) before the relevant day qualified for the award of a degree of bachelor at honours level; or
(d) before or after the relevant day undertaken as a full-time student any Master’s qualifying course for a continuous or discontinuous period of 12 months.”.
1.
Notified in the
2. Statutory Rules 1974 No. 179 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1985 No. 35 andsee also Statutory Rules 1985 No. 35.
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