Student Assistance Amendment Act 1987

Overview

The Student Assistance Amendment Act 1987 was enacted to update and enhance the existing framework for student assistance, as established under the Student Assistance Act 1973. This Act was introduced to address the need for more precise criteria regarding the eligibility and scope of education assistance provided to students in Australia. Enacted by the Queen, in accordance with the authority of the Australian Parliament, the Act specifically aims to refine the provisions concerning the approval of education assistance, ensuring that it aligns with the evolving educational landscape and the needs of students. The policy objective is to maintain a supportive and accessible financial assistance system for students, thereby promoting educational attainment and reducing barriers to higher education.

Scope and Application

The Student Assistance Amendment Act 1987 amends the Student Assistance Act 1973, specifically targeting the provision of Education Assistance. This Act applies to Australian citizens or permanent residents who are enrolled or propose to enroll as students at an education institution for a secondary or tertiary course as determined by the Minister. The amendment refines the eligibility criteria for such assistance and ensures that students attending courses in locations other than the institution, including those attending by correspondence, are considered as undertaking the course wholly at that institution, unless otherwise specified by the Minister. The Act extends its jurisdictional reach across the Commonwealth of Australia, applying to all students meeting the specified criteria regardless of the state or territory in which they reside or study. While the Act itself does not specify exclusions or exemptions, it allows for the Minister to make determinations that could effectively exclude certain places or classes of places from the scope of the amended provisions. The application of this Act is further shaped by any relevant regulations made under the authority of the Student Assistance Act 1973, which continue in force unless otherwise specified.

Key Provisions

The Student Assistance Amendment Act 1987 primarily amends section 10 of the Student Assistance Act 1973 (referred to as the Principal Act) by replacing it with a new section that redefines the eligibility criteria for Education Assistance. Section 10(1) of the Principal Act now requires that to qualify for Education Assistance, a person must be an Australian citizen or a permanent resident of Australia, enrolled or proposing to enrol as a student in an education institution, and undertaking a secondary or tertiary course of study or instruction wholly at that institution. Section 10(2) of the new Act clarifies that if a student attends a course or part of a course at a location other than the institution, they are still considered to be undertaking the course wholly at the institution if the institution requires or allows attendance at that location. Section 10(3) allows the Minister to exempt certain places or classes of places from the operation of subsection 10(2). Section 10(4) further clarifies that correspondence courses are also considered as being undertaken wholly at the institution. The obligations and requirements imposed by the Act on the parties involved include ensuring that the student meets the eligibility criteria outlined in the new section 10 of the Principal Act. Educational institutions must confirm that students are enrolled or proposing to enrol and that they are undertaking their courses of study wholly at the institution. The Minister's role includes making determinations under sections 10(2) and 10(3) of the Principal Act and ensuring that any previous determinations or regulations continue to apply as if made under the new section 10. The Act does not explicitly state any specific offences, penalties, or consequences for breach. However, by virtue of its amendments to the Principal Act, any failure to comply with the eligibility criteria for Education Assistance could potentially lead to the denial of assistance. This would be subject to any applicable regulations and administrative processes outlined elsewhere in the Principal Act or related legislation. The exact consequences for non-compliance would depend on the specific circumstances and any relevant administrative or judicial decisions.