AUSTUDY Regulations (Amendment) 1992 No. 24
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 24
AUSTUDY Regulations (Amendment)
Issued by the authority of the Minister for Higher Education and Employment Services
Parent legislation
The present Regulations are made under section 56 of the Student Assistance Act 1973.
The Act provides the legislative authority for the AUSTUDY scheme, which pays financial assistance directly to students or their parents.
The present regulations
The present regulations make two corrections to drafting errors relating to the rule dealing with the effect on a tertiary student's previous study on eligibility for assistance under AUSTUDY:
• the word "only" is inserted into the regulations dealing with the previous study rule. This change clarifies that a student must meet the previous study rule to qualify for assistance, although satisfying the rule is not sufficient in itself and the other scheme rules must also be met;
• the rule is also amended to change "is not longer" to "is less", so that the student does not qualify for assistance if the length of his or her previous studies is equal to the applicable benchmark (the benchmark is the minimum duration to the student's course, with a possible extension of an additional year or semester).
Commencement
The proposed regulations take effect on gazettal.
Notes on the amendments
Notes on the Regulations are attached.
Notes on regulations
1. Amendment
The Statutory Rules amend the AUSTUDY Regulations.
2. Regulation 41 (Previous study: time spent on a course)
Regulation 41 of the AUSTUDY Regulations deals with the effect of a tertiary student's previous studies on eligibility for living allowance. The regulation compares the duration of past studies of the same level as the student's current course with a benchmark based on the minimum duration of the current course (the benchmark is the minimum duration to the current course, with a possible extension of an additional year or semester).
2.1
The word "only" is inserted into regulation 41 to clarify that a student must meet the previous study rule to qualify for assistance, although the student's meeting the rule is not sufficient in itself and other scheme rules must also be met.
2.2
Regulation 41 is amended to modify the provision that an allowance is payable if the duration of the previous studies "is not longer than" than the stipulated benchmark.
The amendment changes the eligibility test to refer to "is less", so that if the length of the student's previous studies is equal to the applicable benchmark, the student does not qualify for assistance.
3. Regulation 43 (Previous study: combined courses)
Regulation 43 of the AUSTUDY Regulations deals with a tertiary student whose current course forms an approved combined course if taken concurrently with the student's previous course (or with a course equivalent to the student's previous course). The student's eligibility is subject to the same rule as in regulation 41, except that the benchmark for the student's studies is based on the length of the combined course, not on the duration of the student's current Course.
As with the amendment made by regulation 2.1, the word "only" is inserted into regulation 43 to clarify that a student must meet the previous study rule to qualify for assistance, although satisfying the rule is not sufficient in itself and the other scheme rules must also be met.
Overview
The AUSTudy Regulations (Amendment) 1992 No. 24 was introduced to address specific drafting errors in the AUSTUDY Regulations concerning the eligibility of tertiary students for financial assistance. Enacted by the authority of the Minister for Higher Education and Employment Services, these amendments were made under section 56 of the Student Assistance Act 1973. The primary objective of these amendments was to correct misinterpretations regarding the duration of previous studies and their impact on a student's eligibility for AUSTUDY assistance. By inserting the word "only" and changing the phrase from "is not longer" to "is less," the amendments ensure that a student must not only meet the previous study rule but also comply with other scheme rules to qualify for assistance. Furthermore, it clarifies that a student does not qualify if the length of their previous studies equals the applicable benchmark, which is the minimum duration of the current course with an optional extension of an additional year or semester.
Scope and Application
The AUSTUDY Regulations (Amendment) 1992 No. 24, made under section 56 of the Student Assistance Act 1973, specifically addresses the eligibility criteria for financial assistance provided to tertiary students through the AUSTUDY scheme. The regulations clarify and correct certain drafting errors in the existing rules that determine a student’s eligibility based on their previous studies. These amendments apply to students who are applying for or receiving assistance under the AUSTUDY scheme and affect their eligibility by altering the conditions related to the duration of their previous studies and the interpretation of these conditions. The regulations are intended to ensure that students meet not only the previous study rule but also other eligibility criteria under the scheme. These amendments come into effect upon gazettal and apply nationally as they are made under Commonwealth legislation. There are no stated exclusions or exemptions in the regulations, and they do not extend or restrict application through subordinate instruments.
Key Provisions
The AUSTuDY Regulations (Amendment) 1992 No. 24 corrects drafting errors in the AUSTUDY Regulations, which are made under section 56 of the Student Assistance Act 1973. These regulations specifically address the effect of a tertiary student's previous studies on their eligibility for financial assistance under the AUSTUDY scheme. Regulation 41 (Previous study: time spent on a course) is amended to ensure that a student must meet the previous study rule to qualify for assistance, although meeting this rule alone is not sufficient; other scheme rules must also be satisfied. Additionally, the regulation is adjusted to clarify that if the duration of the student's previous studies equals the applicable benchmark, the student does not qualify for assistance. Regulation 43 (Previous study: combined courses) similarly incorporates a clarification that meeting the previous study rule is a necessary but not sufficient condition for eligibility, and it adjusts the eligibility test to align with the changes in Regulation 41.
The AUSTUDY Regulations impose obligations on students seeking financial assistance under the AUSTUDY scheme. Students must ensure that their previous studies meet the criteria set out in Regulation 41 and Regulation 43. This includes verifying that the duration of their previous studies is less than the applicable benchmark and, in the case of combined courses, that the combined duration meets the stipulated benchmark. Failure to meet these criteria could result in ineligibility for the living allowance under the AUSTUDY scheme.
There are no specific offences, penalties, or civil/criminal consequences outlined in the AUSTUDY Regulations (Amendment) 1992 No. 24. However, ineligibility for assistance under the AUSTUDY scheme due to non-compliance with the amended regulations could have significant financial implications for students. The primary consequence of not meeting the eligibility criteria is the denial of financial assistance, which could affect a student's ability to continue their studies. While the regulations do not specify penalties for non-compliance, the impact on a student's financial situation underscores the importance of adhering to the eligibility rules.