EXPLANATORY STATEMENT
Social Security (Approved Scholarship Courses) Determination 2010 (No. 1)
Summary
The Social Security (Approved Scholarship Courses) Determination 2010 (No. 1) (the Determination) is made by the Minister for Education, Employment and Workplace Relations (the Minister) under subsection 592N(1) of the Social Security Act 1991(the Act).
The purpose of the Determination is to determine the courses that a student must be studying in order to qualify for a ‘start-up scholarship’ or a ‘relocation scholarship’ under Part 2.11B of the Act – Scholarship payments for students.
Explanation of Provisions
Section 1 of the Determination states the name of the Determination.
Section 2 states that the Determination commences on 1 April 2010, which is when Part 2.11B of the Act commences.
Section 3 provides definitions for the purposes of the Determination. In particular, the terms accredited higher education course and preparatory course are defined. These definitions are consistent with definitions in the Student Assistance (Education Institutions and Courses) Determination 2009 (No.2) and earlier instruments made under sections 3 and 5D of the Student Assistance Act 1973, which instruments specify the courses for which student income support payments (such as austudy payment and youth allowance) are payable.
Section 4 sets out what are to be regarded as approved scholarship courses for the purposes of subsection 592N(1) of the Act, that is, accredited higher education courses and preparatory courses.
Regulatory Impact Statement and Consultation
This Determination does not require a Regulatory Impact Statement (RIS) nor 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 as a result of this Determination. Consultation was not undertaken due to its beneficial nature and as the instrument has no impact on business.
Apart from requirements relating to all legislative instruments (e.g. under the Legislative Instruments Act 2003), no statutory preconditions needed to be satisfied prior to the making of this instrument.
Overview
The Social Security (Approved Scholarship Courses) Determination 2010 (No. 1) was enacted to provide clarity on the courses eligible for the start-up and relocation scholarships outlined in Part 2.11B of the Social Security Act 1991. This determination was introduced to address the need for specific course definitions to qualify for these scholarships. It was made by the Minister for Education, Employment and Workplace Relations under subsection 592N(1) of the Social Security Act, with the primary objective of aligning scholarship eligibility with existing student assistance definitions. The Determination came into effect on 1 April 2010, the same date as the commencement of Part 2.11B of the Act. The instrument does not require a Regulatory Impact Statement or consultation as it is deemed beneficial and does not impact business activities or incur significant compliance costs.
Scope and Application
The Social Security (Approved Scholarship Courses) Determination 2010 (No. 1) is an instrument made by the Minister for Education, Employment and Workplace Relations under the Social Security Act 1991, aimed at defining the courses eligible for scholarship payments for students. The Determination applies to students who are studying approved courses and seeks to qualify them for a 'start-up scholarship' or a 'relocation scholarship'. The courses defined as eligible are consistent with those specified under the Student Assistance Act 1973, and include accredited higher education courses and preparatory courses. This Determination applies nationally and is effective from 1 April 2010, the date when Part 2.11B of the Act commences. The Determination does not require a Regulatory Impact Statement as it is not regulatory in nature and does not impact on business activity, with minimal compliance costs or competition impact. Consequently, consultation was not deemed necessary due to the non-regulatory and beneficial nature of the instrument.
Key Provisions
The Social Security (Approved Scholarship Courses) Determination 2010 (No. 1) (the Determination) outlines the courses that a student must be studying in order to qualify for a 'start-up scholarship' or a 'relocation scholarship' under Part 2.11B of the Social Security Act 1991 (the Act). The Determination, made by the Minister for Education, Employment and Workplace Relations under subsection 592N(1) of the Act, commences on 1 April 2010 (section 2). Section 4 of the Determination specifies the approved scholarship courses, which are defined as accredited higher education courses and preparatory courses. These definitions align with those provided in the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) and earlier instruments made under the Student Assistance Act 1973.
The Determination imposes obligations on students who wish to qualify for the mentioned scholarships. To be eligible, students must be enrolled in an accredited higher education course or a preparatory course. The approved courses are those specified in the Determination and are consistent with the definitions provided in the Student Assistance Determination 2009 (No. 2). This means that students must ensure that their courses are listed as approved to qualify for the scholarship payments.
The Determination does not explicitly outline specific offences, penalties, or consequences for breach. However, by not adhering to the approved courses listed in the Determination, students would not be eligible for the scholarship payments under Part 2.11B of the Act. There are no stated maximum penalties in the Determination, but the failure to comply with the requirements could result in students not receiving the scholarship payments for which they might have otherwise qualified.