Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination (No. 2) 2025

Administered by Department of Employment and Workplace Relations

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REPLACEMENT EXPLANATORY STATEMENT

 

Issued by the authority of Minister Giles, Minister for Skills and Training

 

Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination (No. 2) 2025

 

 

AUTHORITY

 

The Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination (No. 2) 2025 (the Determination) is made under section 105 of the Australian Apprenticeship Support Loans Act 2014 (the Act).

 

Subsection 105(1) empowers the Minister to, by legislative instrument, determine a list (the Australian Apprenticeships Priority List) specifying the occupations for which, or qualifications leading to occupations for which, in the opinion of the Minister, skilled persons are a priority.

 

Subsection 105(7) of the Act provides that in determining the Australian Apprenticeships Priority List, the Minister must have regard to any relevant advice given to the Minister by Jobs and Skills Australia under section 9 of the Jobs and Skills Australia Act 2022 in relation to either Australia’s current and emerging labour market (including advice on workforce needs and priorities) or Australia’s current, emerging and future skills and training needs and priorities.

 

The Determination repeals and replaces the Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination 2025 (2025 Priority List), which is the existing instrument made under subsection 105(1) of the Act. Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

PURPOSE AND OPERATION

 

For the purposes of the Act, a qualifying apprenticeship is, among other things, an apprenticeship through which a person is undertaking a qualification that leads to an occupation or qualification specified in the Australian Apprenticeships Priority List.

Part 2 of the Determination is the Australian Apprenticeships Priority List. Section 7 of the Determination specifies, for the purposes of paragraph 105(1)(a) of the Act, occupations for which, in the opinion of the Minister, skilled persons are a priority. The occupations specified in the Determination are all in the following Occupation Standard Classification for Australia major groups: ‘Technicians and Trades Workers’ or ‘Community and Personal Service Workers’.

The Minister has made Part 2 of the Determination having had regard to advice given to the Minister under paragraph 9(a) of the Jobs and Skills Australia Act. That advice is reflected in Jobs and Skills Australia’s 2025 Occupation Shortage List (which, in January 2026, could be accessed at: www.jobsandskills.gov.au/data/occupation-shortages-analysis/occupation-shortage-list).

The Determination will operate to support the delivery of the Australian Apprenticeship Support Loans program. The effect of the Determination, read with the Act and with section 8 of the Rules, is that a qualifying apprenticeship is an apprenticeship or traineeship through which a person is undertaking a qualification:

  • at level 3, level 4, level 5 or level 6 in the Australian Qualifications Framework (which, in January 2026, could be accessed at: www.aqf.edu.au/framework/australian-qualifications-framework);
  • that is included on the National Register (www.training.gov.au); and
  • leading to an occupation specified in Part 2 of the Determination.

The Determination also sets out (at section 9) transitional arrangements for a person who, before the commencement of the Determination, was undertaking a qualification leading to an occupation or qualification that was specified in the 2025 Priority List.

 

COMMENCEMENT

 

The Determination commences at the start of 1 January 2026.

 

CONSULTATION

 

Jobs and Skills Australia’s 2025 Occupational Shortage List informed the occupations specified in Part 2 of the Determination. Jobs and Skills Australia consulted extensively in the development of that list, including with industry associations, employer groups, employee groups and individuals. That consultation was considered appropriate for the purposes of making the Determination.


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination (No. 2) 2025

 

This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of this disallowable legislative instrument

 

The Australian Apprenticeship Support Loans Act 2014 (the Act) establishes the Australian Apprenticeship Support Loans program, which presently aims to increase the number of people completing apprenticeships leading to priority occupations by providing financial support to eligible people to assist them with the costs of living and learning while undertaking an Australian Apprenticeship.

 

This is achieved by offering eligible people concessional income contingent loans (up to a lifetime maximum of $25,983 for the 2025-26 income year), which are paid back when the taxable income of the person reaches the repayment threshold. For the 2025-26 income year, the compulsory repayment threshold is $67,000.

 

Subsection 105(1) of the Act empowers the Minister to, by legislative instrument, determine a list (the Australian Apprenticeships Priority List) specifying the occupations for which, in the opinion of the Minister, skilled persons are a priority.

 

Subsection 105(7) of the Act provides that in determining the Australian Apprenticeships Priority List, the Minister must have regard to any relevant advice given to the Minister by Jobs and Skills Australia under section 9 of the Jobs and Skills Australia Act 2022 in relation to either Australia’s current and emerging labour market (including advice on workforce needs and priorities) or Australia’s current, emerging and future skills and training needs and priorities.

 

For the purposes of the Act, a qualifying apprenticeship is, among other things, an apprenticeship through which a person is undertaking a qualification that leads to an occupation or qualification specified on the Australian Apprenticeships Priority List.

 

Part 2 of the Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination (No. 2) 2025 (the Determination) is the Australian Apprenticeships Priority List. Section 7 of the Determination specifies, for the purposes of paragraph 105(1)(a) of the Act, occupations for which, in the opinion of the Minister, skilled persons are a priority. The occupations specified in the Determination are all in the following Occupation Standard Classification for Australia major groups: ‘Technicians and Trades Workers’ or ‘Community and Personal Service Workers’.

 

The Minister has made Part 2 of the Determination having had regard to advice given to the Minister under paragraph 9(a) of the Jobs and Skills Australia Act. That advice is reflected in Jobs and Skills Australia’s 2025 Occupation Shortage List (which, in January 2026, could be accessed at: www.jobsandskills.gov.au/data/occupation-shortages-analysis/occupation-shortage-list).

 

The Determination will operate to support the delivery of the Australian Apprenticeship Support Loans program. The effect of the Determination, read with the Act and with section 8 of the Australian Apprenticeship Support Loans Rules 2023, is that a qualifying apprenticeship is an apprenticeship or traineeship through which a person is undertaking a qualification:

 

  • at level 3, level 4, level 5 or level 6 in the Australian Qualifications Framework (which, in January 2026, could be accessed at: www.aqf.edu.au/framework/australian-qualifications-framework);
  • that is included on the National Register (www.training.gov.au); and
  • leading to an occupation specified in Part 2 of the Determination.

The Determination also sets out transitional arrangements for a person who, before the commencement of the Determination, was undertaking a qualification leading to an occupation or qualification that was specified in the Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination 2025; and which met any other requirements prescribed by the Australian Apprenticeship Support Loans Rules 2023.

 

Human rights implications

 

This disallowable legislative instrument engages the following rights:

  • the right to work; and
  • the right to education.

 

Right to work

 

Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) states that States Parties will recognise the right to work (which includes the right of everyone to the opportunity to gain their living by work which they freely choose or accept) and to take appropriate steps to safeguard that right.

 

That article sets out the steps States Parties must take to achieve the full realisation of the right to work, including providing technical and vocational guidance and training programs, policies and techniques to achieve steady economic, social and cultural development, and full and productive employment under conditions safeguarding fundamental political and economic freedom to the individual. The obligation to fulfill the right to work requires States Parties to, among other things, take positive measures to enable and assist individuals to enjoy the right to work and to implement technical and vocational education plans to facilitate access to employment.

 

This disallowable legislative instrument engages the right to work because it operates to support the delivery of an expanded Australian Apprenticeship Support Loans program. The Australian Apprenticeship Support Loans program will allow more people to, amid rises in the cost of living and learning, access immediate financial support to help them undertake apprenticeships and traineeships to gain a living by work they freely choose. The Australian Apprenticeship Support Loans program also represents a positive measure to facilitate access to employment in priority occupations.

 

Right to education

 

Article 13 of the ICESCR states that secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education. Further, technical and vocational education as facilitated by States Parties should enable students to acquire knowledge and skills which contribute to their employability and enhance their productivity.

 

This disallowable legislative instrument engages the right to education because it operates to support the delivery of an expanded Australian Apprenticeship Support Loans program. The Australian Apprenticeship Support Loans program will allow more people to, amid rises in the cost of living and learning, access immediate financial support to enable them to acquire knowledge and skills which contribute to their employability and enhance productivity. The Australian Apprenticeship Support Loans program also represents a positive measure to further the availability and accessibility of technical and vocational secondary education.

 

Conclusion

 

This disallowable legislative instrument is compatible with human rights because it promotes the protection of human rights.

 

Minister for Skills and Training, the Hon Andrew Giles MP

 


EXPLANATION OF PROVISIONS

 

Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination (No. 2) 2025

 

Part 1 – Preliminary

 

Clause 1: Name

 

  1.   This clause provides that the name of the instrument is the Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination (No. 2) 2025 (the Determination).

 

Clause 2: Commencement

 

  1.   This clause provides that the whole of the Determination commences at the start of 1 January 2026.

 

Clause 3: Authority

 

  1.   This clause provides that the Determination is made under section 105 of the Act.

 

  1.   Subsection 105(1) of the Act provides that the Minister may, by legislative instrument, determine a list (the Australian Apprenticeships Priority List) specifying:

 

  •          occupations for which; or
  •          qualifications leading to occupations for which;

 

in the opinion of the Minister, skilled persons are a priority.

 

  1.   Subsection 105(7) of the Act requires the Minister to have regard to any relevant advice given to the Minister by Jobs and Skills Australia under section 9 of the Jobs and Skills Australia Act in relation to either of the following matters:

 

  •          Australia’s current and emerging labour market, including advice on workforce needs and priorities; or
  •          Australia’s current, emerging and future skills and training needs and priorities.

 

  1.   The Minister has made the Determination having had regard to such advice. That advice is reflected in Jobs and Skills Australia’s 2025 Skills Priority List (which, in January 2026, could be accessed at: www.jobsandskills.gov.au/data/occupation-shortages-analysis/occupation-shortage-list).

 

Clause 4: Definitions

 

  1.   This clause sets out the definitions of terms used in the Determination. In the Determination:

 

  •          Act means the Australian Apprenticeship Support Loans Act 2014; and
  •          OSCA means the “Occupation Standard Classification for Australia”.

 

Clause 5: Schedules

 

  1.   This clause provides that each instrument specified in a Schedule to the Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Determination has effect according to its terms.

 

  1.   This Determination has one Schedule which repeals the Australian Apprenticeship Support Loans (Australian Apprenticeships Priority List) Determination 2025 (2025 Priority List).

 

Part 2 – Australian Apprenticeships Priority List

 

Clause 6: Purpose of this Part

 

  1.   This clause provides that Part 2 of the Determination is made for the purposes of subsection 105(1) of the Act.

 

  1.   Subsection 105(1) of the Act provides that the Minister may, by legislative instrument, determine a list (the Australian Apprenticeships Priority List) specifying:

 

  •          occupations for which; or
  •          qualifications leading to occupations for which;

 

in the opinion of the Minister, skilled persons are a priority.

 

  1.   Subsection 105(6) of the Act requires the Minister to take all reasonable steps to ensure that an instrument is always in force under subsection 105(1) of the Act.

 

Clause 7: Australian Apprenticeships Priority List

 

  1.   This clause provides that, for the purposes of paragraph 105(1)(a) of the Act, the occupations in the table in this clause are specified. These are occupations for which, in the opinion of the Minister after having had regard to advice from Jobs and Skills Australia, skilled persons are a priority.

 

  1.   For the purposes of the Act, a qualifying apprenticeship is, among other things, an apprenticeship through which a person is undertaking a qualification that leads to an occupation or qualification specified on the Australian Apprenticeships Priority List.

 

  1.   The effect of the Determination, read with the Act and section 8 of the Australian Apprenticeship Support Loans Rules 2023, is that a qualifying apprenticeship is an apprenticeship or traineeship through which a person is undertaking a qualification:

 

  •          at level 3, level 4, level 5 or level 6 in the Australian Qualifications Framework;
  •          that is included on the National Register (www.training.gov.au); and
  •          leading to an occupation specified in the table in Part 2 of this Determination.

 

  1.   An occupation in column 1 of a particular item in the table is a specified occupation. The OSCA code number in column 2 of an item is included to assist with the identification of a specified occupation.

 

Part 3 – Transitional Provisions

 

Clause 8: Purpose of this Part

 

  1.   This clause provides that Part 3 of the Determination is made for the purposes of subsection 105(4) of the Act.

 

  1.   Subsection 105(4) of the Act allows the Australian Apprenticeships Priority List to make provision for matters of an application or transitional nature in relation to the addition, removal or modification of specified occupations or qualifications.

 

Clause 9: Transitional – pre-commencement apprenticeships

 

  1.   Subclause 9(1) provides that section 9 will apply to a person if:

 

         immediately before the commencement of this section, the person was undertaking an apprenticeship;

 

­        at a qualification level prescribed by the Australian Apprenticeship Support Loans Rules 2023; and

­        leading to an occupation or qualification specified in the 2025 Priority List; and

­        which met any other requirements prescribed by the Australian Apprenticeship Support Loans Rules 2023; and

 

         immediately after the commencement of section 9, the occupation or qualification being undertaken by the person is not specified in Part 2 of this Determination.

 

  1.   Subclause 9(2) provides that if the requirements referred to in subsection (1) are satisfied, the apprenticeship the person is undertaking is taken to be an apprenticeship that leads to an occupation or qualification specified in Part 2 of the Determination.

 

  1.   For example, ‘Electroplater’ is an occupation specified on the 2025 Priority List. In August 2025, Person A begins undertaking an apprenticeship through which Person A is undertaking a qualification leading to an occupation as an Electroplater. In October 2025, Person A made an application for Australian apprenticeship support loan and the Secretary made a determination granting the application (loan determination). The loan determination ceased to have effect and payments ceased 6 months after the determination was made. On the date the Determination commences, the 2025 Priority List is repealed. Electroplater is not specified in Part 2 of the Determination. In April 2026, Person A makes an application to receive further instalments of Australian apprenticeship support loan. Because subsection 9(2) provides that the Act has effect, in relation to Person A, as if ‘Electroplater’ was specified on the Australian Apprenticeships Priority List, Person A is still taken to be undertaking a qualifying apprenticeship. Person A can continue to reapply (‘opt in’) to receive Australian apprenticeship support loan and, provided Person A does so and continues to be qualified for Australian apprenticeship support loan, Person A can receive Australian apprenticeship support loan up to the lifetime limit.

 

  1.   A note at the end of Clause 9 directs the reader to section 29 of the Australian Apprenticeships Support Loan Rules 2023. That provision specifies transitional arrangements for persons undertaking qualifying apprenticeships leading to occupations or qualifications listed in legislative instruments prior to the 2025 Priority List.

Schedule 1 – Repeals

 

  1.   Clause 1 of Schedule 1 provides that the whole of the 2025 Priority List will be repealed upon commencement of the Determination.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.