Determination No. 2007/1 - Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973 (19/12/2007)

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2007L04935 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973

Determination No. 2007/1

 

Issued by the authority of the Minister for Education, Employment and Workplace Relations

 

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This Determination retains the broad coverage of education institutions or courses provided by the repealed Determination 2002/1.  Some wording has been amended to clarify this coverage and to address changes in terminology in the education sectors since the last Determination was made.

 

The major change to the Determination is the inclusion of a new schedule of courses, at Schedule 3, which lists approved Masters by coursework programs to provide eligibility for income support payments to full‑time students on Youth Allowance and Austudy.  This measure was announced on 8 May 2007 as part of the 2007‑08 Budget.  Legislative amendments to the Social Security Act 1991 to facilitate this measure were included in the Social Security Legislation Amendment (2007 Budget Measures for Students) Act 2007.

 

It has also been necessary to make a new Determination to:

 

  • revise the terminology used for training overseas‑trained professionals to equip them for entry into their profession in Australia under the definition “bridging study for overseas‑trained professionals”;

 

  • introduce International Baccalaureate as an approved course in Australian secondary schools;

 

  • clarify that combined vocational education and training courses must consist of two or more separate vocational education and training programmes undertaken concurrently.  The Determination clarifies that the combined course itself must lead to an award;

 

  • clarify that unless a Masters course is explicitly listed as eligible, courses at Masters level or Doctoral degrees are not eligible;

 

  • clarify that students undertaking integrated undergraduate or postgraduate courses leading to a Masters degree are eligible for income support payments except for that part of the course that leads exclusively to a Masters degree accreditation.  The pre‑Masters component of the course must lead to an accredited tertiary qualification other than a Masters degree or a PhD.  However, this element does not impinge on those Masters courses explicitly approved by this Determination.

Documents incorporated by reference

 

The Determination refers to:

 

  • The Australian Qualifications Framework guidelines which can be viewed at the following website:

http://www.aqf.edu.au ; and

 

  • The Australian Quality Training Framework which can be viewed at the following website:

http://www.training.com.au/aqtf2007.

 

Description of instrument

 

Section 1 — Name of instrument

 

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

 

Section 2 — Commencement

 

The Determination commences on the day after which it is registered with the Federal Register of Legislative Instruments.

 

Section 3 — Repeal

 

The previous Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973 - Determination No. 2002/1 is repealed.

 

Section 4 — Definitions

 

Section 4 provides definitions of terms used in the Determination.

 

Section 5 — Education institutions

 

Section 5 provides a definition of education institutions for the purposes of this Determination.  This includes the definition of higher education institutions, secondary schools, registered training organisations and special schools.

 

Section 6 — Secondary courses

 

Section 6 defines secondary courses as specified in Column 1 and conducted in an education institution in column 2 of Schedule 1.

 

Part 7 — Tertiary courses

 

Section 7 defines tertiary courses as specified in Column 1 and conducted in an education institution in Column 2 of Schedule 2 or as an approved course specifically listed in Schedule 3.

 

Consultation

 

The Department of Education, Employment and Workplace Relations has 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 2008 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.

 

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.

 

 

 

Overview

The Student Assistance Act 1973 was enacted to establish a framework for providing financial assistance to students, ensuring they have access to education and training opportunities. This Act addresses the need for a structured approach to supporting students in their educational pursuits, particularly by defining the criteria for institutions and courses eligible for student assistance. The enactment of this Act was overseen by the Parliament of Australia, with the policy objective of enhancing educational accessibility and equity by providing targeted financial support to students. The 2007 Determination, issued under the authority of the Minister for Education, Employment and Workplace Relations, further refines the criteria for what constitutes an approved education institution and course for the purposes of the Act. This Determination aims to clarify and update the terminology used in the education sector, introduce new courses such as International Baccalaureate in Australian secondary schools, and ensure that the financial assistance remains aligned with current educational standards and practices.

Scope and Application

The Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973 applies to the eligibility of education institutions and courses for the purposes of student assistance programs in Australia. This legislation is instrumental for students seeking financial support for their education through programs such as ABSTUDY, Youth Allowance, Austudy, and the Pensioner Education Supplement. The Determination identifies which education institutions and courses qualify for these financial assistance programs. It applies nationally across Australia, covering institutions and courses that meet the criteria specified within the Act and its subordinate instruments. This includes higher education institutions, secondary schools, registered training organisations, and special schools, as well as specific courses such as Masters by coursework programs, which were newly included as part of the 2007-08 Budget measures. The Act does not apply to institutions or courses that do not meet the criteria set forth in the Determination or those not listed in the schedules of the Determination. Furthermore, the Act extends its application through subordinate instruments and guidelines, such as the administrative Guidelines for the Approval of Masters Courses for Student Income Support Payments 2008, which provide further detail on the criteria for Masters courses eligibility.

Key Provisions

The main operative sections of the Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973 (Determination No. 2007/1) (Sections 5 and 7) define the parameters of what constitutes an approved education institution and course for the purposes of the Act. Section 5 clarifies the types of education institutions eligible for approval, such as higher education institutions, secondary schools, registered training organisations, and special schools. Section 7 defines tertiary courses, including those listed in Schedule 2 and approved courses specifically listed in Schedule 3. The Determination aims to provide clear criteria for eligibility, ensuring that only those courses and institutions meeting specified standards are considered approved. The Determination imposes specific obligations and requirements on the parties it governs. Education institutions seeking to be recognised as approved institutions must meet the criteria set out in Section 5, which includes being appropriately registered or accredited. Courses must align with the definitions provided in Sections 6 and 7 and must be listed in the appropriate schedules if they are to be considered approved. The requirement to align with the Australian Qualifications Framework guidelines and the Australian Quality Training Framework further ensures that courses meet nationally recognised standards of quality and relevance. Failure to comply with the provisions of the Determination can result in serious consequences. While the Determination itself does not explicitly outline penalties, non-compliance with the criteria for approved institutions and courses could potentially impact eligibility for various government assistance programs, including ABSTUDY, Youth Allowance, Austudy payments, and the Pensioner Education Supplement. Additionally, institutions and courses that do not meet the stipulated requirements might not qualify for GST-free supplies under the A New Tax System (Goods and Services Tax) Act 1999. Though the Determination does not detail specific penalties, the implications of non-compliance could be significant, affecting both educational providers and students.

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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.