EXPLANATORY STATEMENT

Student Assistance Act 1973

Amendment No 1 to Determination No. 2007/1 - Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973

Issued by the authority of the Minister for Education

Purpose of the Determination

Subsections 3(1) and 5D(1) of the Student Assistance Act 1973 (the Act) provide that the Minister may determine:

• what is an approved education institution; and
• what is an approved course;

for the purposes of the Act.  To qualify for ABSTUDY, a person must be enrolled in and undertaking study at an education institution and in a course determined by the Minister under the Act.

Subsections 3(2A) and 5D(3) of the Act make the Determination a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.  This means that the Determination is a legislative instrument because of paragraph 6(d) of the Legislative Instruments Act 2003.

Other Legislation affected by this Determination

The Social Security Act 1991 requires that, to qualify for Youth Allowance payments to students, Austudy payments or the Pensioner Education Supplement (PES), a person must be enrolled in and undertaking study at an education institution and in a course determined by the Minister under the Student Assistance Act 1973.

The A New Tax System (Goods and Services Tax) Act 1999 provides that a supply of secondary and tertiary courses, as determined by the Minister under the Student Assistance Act 1973, will be GST-free.

Summary

This Determination amends Determination 2007/1 - Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973 (F2007L04935 - made on 19 December 2007 and registered on 21 December 2007),  to approve seven additional Masters by coursework programs which provide eligibility for income support payments to full time students on Youth Allowance and Austudy. 

Description of amendments

Item 1 amends Schedule 3 – Approved Tertiary Courses at Masters Level to insert seven additional Masters courses to the list of approved Masters by coursework programs eligible for income support. These courses are the:

• Master of Exercise Science (Rehabilitation) at Charles Sturt University;
• Master of Organisational Psychology at Monash University;
• Master of Applied Psychology (Clinical) at Murdoch University;
• Master of Applied Psychology (Organisational) at Murdoch University;
• Master of Pharmacy at Murdoch University;
• Master of Professional Accounting at Murdoch University; and
• Master of Special Education at University of New England.

Date of effect

This determination commenced retrospectively on 22 December 2007 to enable those students who are otherwise eligible for income support because they are undertaking study in the seven additional Masters by coursework programs in Semester 1 of 2008 to receive income support payments from 22 December 2007 in line with all other approved Masters by coursework students.

The determination has a beneficial effect and therefore rights and liabilities of persons are not disadvantaged for the purposes of subsection 12(2) of the Legislative Instruments Act 2003. 

This Determination is made following the completion of the first round of approvals for this measure.

Consultation

The Department of Education, Employment and Workplace Relations consulted widely with the higher education sector and professional associations in developing the administrative Guidelines for the Approval of Masters Courses for Student Income Support Payments as the basis for assessing Masters by coursework programmes for approval by the Minister under this Determination.  The comments provided by these stakeholder groups were considered by the Minister in finalising the Guidelines.

The Minister used the Guidelines in assessing for approval the applications from the respective institutions for all courses. 

The Department will invite higher education sector providers to submit additional courses for consideration for approval by the Minister for Semester 2 of 2008.

Business Cost Calculator

This determination does not require a Regulatory Impact Statement (RIS) and/or a Business Cost Calculator Figure.  This determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.  It is not expected that any compliance costs will be incurred by business against the nine categories listed as a result of this determination.

ATTACHMENT C

THE GUIDELINES

GUIDELINES

TABLE OF CONTENTS

The purpose of these guidelines       1

Student Income Support Background      1

1  The Approval of Masters Courses

1.1  What is it?        2

1.2  Who will qualify?       2

1.2.1  Who will not qualify?       3

1.3  Masters as minimum requirement for entry to a profession  3

1.4  Fastest pathway       3

1.5  University diversification and course restructuring   4

2  The Application Process      5

3  Application Forms       6

4  The process for the approval of masters courses  7

THE PURPOSE OF THESE GUIDELINES

These guidelines provide advice to higher education providers, including universities and other higher education institutions, about the process for seeking approval for certain masters by coursework programs for Youth Allowance and Austudy eligibility. 

Background

Youth Allowance (for full-time students aged 16 to 24 years) and Austudy (for
full-time students aged 25 years and over) are student income support programs which assist people to gain qualifications up to post graduate level of study, undertake training or complete an Australian Apprenticeship.  The payments provided under these allowances are means tested to ensure that this support is provided to people most in need of assistance, particularly those from low income backgrounds and rural and remote areas. 

The Youth Allowance and Austudy programs are legislated under the Social Security Act 1991 and have academic and progress rules.  These include the requirement for a student to be in full-time study in an approved course of study at an approved institution. 

From 1 January 2008 Youth Allowance and Austudy assistance has been extended to students undertaking masters by coursework study, where:

• the course is required for entry to a profession; or
• the course is the fastest pathway to professional entry; or
• a university has diversified by restructuring its course delivery. 

Previously, students could not be approved for any further student assistance through Youth Allowance and Austudy once they had attained a post graduate diploma.  Students in receipt of ABSTUDY are able to study at the masters and doctoral levels. 

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1.1              What is it?

From 1 January 2008, Youth Allowance and Austudy has been extended to students enrolled in an approved masters by coursework programme which is: 

• required for entry to a profession; or
• the fastest pathway to professional entry; or
• the only pathway provided by the higher education institution following a restructure of existing course delivery.

To be eligible for student income support through Youth Allowance and Austudy, students will still need to be studying full-time in an approved course at an approved institution and to satisfy all other Youth Allowance and Austudy programme requirements, including personal, parental or partner income tests. 

For the purposes of the approval of masters courses for student income support payments, a profession is defined as an occupation requiring specialised theoretical and practical knowledge gained through a specialised academic tertiary qualification.  This qualification is essential for entry to, or employment in, the profession, as required for:

• accreditation by a recognised professional body; and/or
• admission to a profession; and/or
• registration with a State/Territory governing board; and/or
• employment, for example, with a State/Territory government agency.

1.2              Who will qualify?

Student income support, such as Youth Allowance and Austudy, has been extended to eligible students who undertake masters study by coursework:

• where a masters degree is the minimum requirement for registration with a professional body and for entry to a profession; or

• where a masters degree is the fastest pathway, that is the shortest study route for a student at this higher education institution to attain an entry-level qualification for professional practice (see examples 1.4); or

• where a masters degree is the only pathway provided by the higher education institution which has diversified by restructuring its course delivery.

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1.2.1 Who will not qualify?

Students who are undertaking research degrees or coursework masters degrees which are not required for professional entry will not be eligible for Youth Allowance and Austudy. 

Students who are undertaking masters by coursework degrees will not be eligible for Youth Allowance or Austudy where a shorter pathway is available at that higher education institution for attaining an entry-level qualification to professional practice, for example, a postgraduate diploma (students are currently supported through Youth Allowance or Austudy up to, and including, this level of study). 

The approval of masters courses for student income support does not support students undertaking coursework doctorates.  Only courses verified as being at masters level, and which meet the criteria set out in these Guidelines, will qualify for student income support.

1.3              Masters as the minimum requirement for entry to a profession

Students may be eligible for Youth Allowance and Austudy where a masters degree is the minimum qualification required for practice in their chosen profession or where professional organisations have set masters qualifications as the entry requirement for professional accreditation.  Courses will therefore be approved for the purposes of student income support where a masters degree is the minimum requirement for practice in a profession or where professional organisations have set masters qualifications as the entry requirement for professional accreditation. 

• Organisations which have established a masters degree as a pre-requisite for registration for professional practice or bona-fide employment include the State and Territory Psychology Registration Boards and the Office of Hearing Services (Audiology). 

1.4              Fastest pathway

From 1 January 2008, Youth Allowance or Austudy has been extended to eligible students undertaking a masters course at a higher education institution where this course provides the fastest route at that institution to professional entry. 

The following examples outline situations where a course might meet the ‘fastest pathway’ criterion. 

(a) A person has a three year undergraduate degree.  Instead of having to undertake a further three- or four-year undergraduate degree to qualify for a profession, this person may now be able to receive income support to undertake a two-year masters degree by coursework, as this is the fastest pathway to professional entry. 

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(b) A person who attends a university where professional entry-level qualifications are offered at both the one-year graduate diploma and two-year masters level, where both qualifications suffice for professional entry, will be able to receive income support for the graduate diploma only. 

(c) A person who has completed a generalist undergraduate degree such as a Science Degree and aspires to a career in nursing, for example, may be eligible for income support to complete a two year master of nursing degree, if this is the fastest pathway at that institution for professional entry to nursing. 

(d) If a university offers a graduate diploma and a professional entry masters degree for the same course for the same length of time (eg one year), students could apply for income support for either course. 

(e) If a student has already begun a professional entry masters course before

1 January 2008, they can apply for Youth Allowance or Austudy from 2008 onward, to continue and complete their masters degree providing they meet all other student income support program requirements.  

(f) Where a student is enrolled in cross-institutional study, the university that awards their qualification will be the institution against which the ‘fastest possible route’ will be measured.

1.5              University diversification and course restructuring

Youth Allowance and Austudy has been extended to eligible students where higher education providers have diversified by restructuring their course delivery such that the masters by coursework programme is the only pathway provided:

Restructuring may refer to:

• the reformulation of a university’s entire structure for course delivery; or
• the reformulation of the courses of one or more faculties; or
• the reformulation of one course within a faculty. 

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2 The Application Process

2.1 It is intended that there will be an annual process undertaken in August-September each year.  This annual process will be supplemented by additional processes as required.

2.2 There will also be a supplementary approval process, where required, for new, amended or existing courses which are not currently included in the approved list of courses.  This approval process will be conducted in May and June of each year.  Higher Education providers will be advised directly about each application process, including the closing date for applications. 

2.3 There is no limit to the number of masters by coursework programs a university might submit for approval.  An application form must be submitted for each course.  Applications must comply with the criteria set out in these guidelines and provide evidence that each of the masters by coursework programs nominated for approval meet the criteria. 

2.4 The university Vice-Chancellor or a person duly authorised by the university or higher education provider must verify that the information provided in the set of course application forms submitted by the provider meets the criteria set out in the Guidelines.

2.5 Applications must be submitted on the application form accompanying these guidelines.  Applications must provide evidence that the nominated masters by coursework programs meet the criteria set out at 1.2 to 1.5 in the Guidelines and include evidence of professional accreditation where relevant. 

Footnote:  Where a higher education institution has campuses in different States/Territories approval may be granted on application on the State/Territories basis, in particular where requirements for professional entry may vary across State/Territories.  

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3 Application Forms

3.1              Applications meeting the requirements of these guidelines should be submitted on the application forms provided by DEEWR. 

3.2              One original application signed by the Vice-Chancellor or the person duly authorised by the university or higher education provider is required.  An electronic copy should also be provided to assist in the administration of the application. 

3.3              Applications must demonstrate how each nominated course meets the criteria set out at paragraphs 1.2 to 1.5 in these guidelines and relevant documentation should be provided. 

3.4              Any further questions or information required may be emailed to: mastersapps@deewr.gov.au for immediate response by DEEWR. 

3.5 Inquiries may also be directed to:

Ms Dianne Peacock

Director

Student Allowances Policy

Income Support for Students Branch

Telephone:  (02) 6240 8819

3.6 The hard copy application should be addressed to:

Mr Murray Kimber 

Branch Manager

Income Support for Students Branch

GPO Box 9880

CANBERRA   ACT   2601

3.7 The electronic copy should be emailed to: mastersapps@deewr.gov.au

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4 The process for the approval of masters by coursework for student income support payments 

How the process operates

4.1 Each year the Minister for Education, Employment and Workplace Relations will invite universities and higher education providers to submit applications to DEEWR.

4.2 Submissions must be lodged with DEEWR in hard copy and forwarded electronically to mastersapps@deewr.gov.au.  Submissions must address the eligibility criteria as outlined in paragraphs 1.2 to 1.5 inclusive and be signed by the Vice-Chancellor or other authorised officer. 

4.3 DEEWR will seek further information from the higher education provider where an application appears to be incomplete. 

4.4 DEEWR will coordinate the approval process and provide a consolidated list of courses to the Minister for Education, Employment and Workplace Relations for approval. 

4.5 The Minister will approve the courses and issue a revised listing of the approved masters by coursework programs under the “Determination of Education Institutions and Courses under subsections 3 (1) and 5d (1) of the Student Assistance Act 1973”

4.6 Universities and higher education providers will be advised of the masters by coursework programs in their individual institutions which have been approved. 

4.7 Where a course is not approved, a higher education institution may write to the Minister to seek reconsideration of the decision.

4.8 Ongoing courses that already have the Minister’s approval will not require further approval once they have been approved. 

4.9 Any new course will require approval.  Any course that is changed so that it may no longer meet the criteria for approval will need to be resubmitted for approval. 

4.10 Any courses higher education providers wish to have removed from the approved course list should be notified through the course approval process.  Courses which are being phased out will remain on the list of approved courses until existing students have completed their courses. 

4.11 DEEWR will ensure Centrelink is informed of the release of each new listing of approved courses for masters study and provided with a copy of the new “Determination of Education Institutions and Courses under subsections 3 (1) and 5d (1) of the Student Assistance Act 1973”. 

4.12 A revised listing of approved masters by coursework programs will be available on the DEEWR website for student income support once approved. 

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How higher education providers will apply for approval of a masters course for Youth Allowance and Austudy

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EXTENSION OF YOUTH ALLOWANCE AND AUSTUDY TO MASTERS COURSES FOR PROFESSIONAL ENTRY

I verify that these applications meet the criteria set out in the Guidelines for the approval of masters by coursework programs for student income support payments 2008, and all of the information contained within this application is true and correct.

This cover application form should be accompanied by individual application forms for each masters by coursework degree for which approval is sought for purposes of student income support.  This information must be provided in both hard copy and electronic format to the Department of Education, Employment and Workplace Relations.  Please mail a hard copy response to Mr Murray Kimber, Branch Manager, Income Support for Students Branch, GPO Box 9880, Canberra, ACT, 2601 and email an electronic response to mastersapps@deewr.gov.au

EXTENSION OF YOUTH ALLOWANCE AND AUSTUDY TO MASTERS COURSES FOR PROFESSIONAL ENTRY

Course application form

This form must be completed for each masters by coursework programme for which approval is sought for purposes of student income support. The form should accompany the cover application form to be completed by the Vice Chancellor or other Authorised Delegate of the higher education provider.

Please indicate which of the following criteria, as set out in the Guidelines for the extension of allowances, is met by the course:

o      Course is required for entry to a profession

o      Course is the fastest pathway to professional entry

o      The only pathway provided by the higher education institution following a restructure of existing course delivery

What other pathways does the higher education provider offer for entry to this profession:      

Has this course been accredited for professional practice by a professional body? 

 o  Yes - formal  o  Yes – provisional

 o  No    o  Not applicable

If yes, please provide contact details of the organisation / agency that has accredited this course:      

What is the duration of accreditation?