EXPLANATORY STATEMENT
Student Assistance Act 1973
Student Assistance Amendment (Education Institutions and Courses) Amendment Determination 2018
Purpose
The Student Assistance Amendment (Education Institutions and Courses) Amendment Determination 2018 (the Amendment Determination) is made under subsection 5D(1) of the Student Assistance Act 1973 (the Act). Subsection 5D(3) of the Act provides that a determination under subsection 5D(1) is a legislative instrument.
The Amendment Determination makes technical amendments to the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (the Principal Determination), updating the list of Masters courses in Schedule 3 to the Principal Determination by adding new courses, replacing the names of existing courses and removing some existing courses. The Masters courses listed in Schedule 3 are the Masters courses provided by higher education providers that are ‘tertiary courses’ for the purposes of the subsection 5D(1) of the Act. In turn, the determination of these courses as tertiary courses for the purposes of the Act allows people studying those courses to qualify for certain student payments under social security law (provided students meet the other eligibility criteria for those payments).
Background
Subsection 5D(1) of the Act provides that the Minister may, for the purposes of the Act, determine in writing that:
(a) a course of study or instruction is a secondary course, or a tertiary course; or
(b) a part of a course of study or instruction is a part of a secondary course or part of a tertiary course.
The Principal Determination outlines the education institutions and courses for which a student may be eligible for financial supplement under the Act. The determination of these courses for the purposes of the Act allows for students studying these courses to be eligible to receive student payments, subject to other relevant criteria being met.
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.
Commencement
The Amendment Determination commences on the day after it is registered on the Federal Register of Legislation.
Consultation
The Department of Social Services (the Department) notified higher education providers that it was accepting applications to include their Masters courses in the list of Masters courses that are “tertiary courses” for the purposes of the Act. Guidelines for the approval of Masters courses for inclusion in the Principal Determination are available on the Department’s web site at: www.dss.gov.au/masters.
The Department undertook consultations with the higher education providers that sought inclusion of their Masters courses in the Amendment Determination.
Regulatory Impact Statement
The Amendment Determination does not require a Regulatory Impact Statement. The Amendment Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.
Explanation of Provisions
Section 1 provides that the name of the Amendment Determination is the Student Assistance (Education Institutions and Courses) Amendment Determination 2018.
Section 2 provides that the Amendment Determination commences on the day after it is registered on the Federal Register of Legislation.
The instrument will be repealed on the day after its commencement by section 48A of the Legislation Act 2003, as the only effect of the instrument is to amend another legislative instrument.
Section 3 repeals Schedule 3 to the Principal Determination and substitutes a new Schedule 3.
Paragraph 10(1)(b) of the Principal Determination provides that for paragraph 5D(1)(a) of the Act, a tertiary course is a full-time course that is:
(i) accredited at Masters level; and
(ii) specified in Column 2 of the table in Schedule 3 to the Principal Determination; and
(iii) provided by the education institution specified for that course in Column 1 of that table.
New Masters courses in Schedule 3 to the Principal Determination
New Schedule 3 to the Principal Determination provides for the following new Masters courses that were not previously contained in that Schedule:
Higher Education Provider (HEP) | Course Name |
|
Central Queensland University | Master of Teaching (Secondary) |
|
Curtin University | Master of Teaching |
|
Curtin University | Master of Teaching (Open Universities Australia) |
|
Deakin University | Doctor of Medicine |
|
Deakin University | Master of Construction Management |
|
Deakin University | Master of Professional Psychology |
|
Eastern College Australia | Master of Teaching (Primary) |
|
Eastern College Australia | Master of Teaching (Secondary) |
|
Griffith University | Master of Dentistry |
|
Griffith University | Master of Secondary Teaching |
|
James Cook University | Master of Teaching and Learning (Secondary) |
|
Macquarie University | Doctor of Medicine |
|
Macquarie University | Master of Accounting |
|
Macquarie University | Master of Planning |
|
Melbourne Polytechnic | Master of Professional and Practicing Accounting |
|
Monash University | Doctor of Medicine |
|
RMIT University | Master of Professional Accounting (CPA Australia Extension) |
|
Swinburne University of Technology | Master of Dietetics |
|
University of Adelaide | Master of Construction Management |
|
University of Melbourne | Master of Teaching (Early Childhood and Primary) |
|
University of New England | Master of Professional Psychology |
|
University of New South Wales | Master of Clinical Optometry |
|
University of New South Wales | Master of Teaching (Primary) |
|
University of Queensland | Master of Psychology |
|
University of Queensland | Master of Teaching (Secondary) |
|
University of Technology Sydney | Master of Nurse Practitioner |
|
University of the Sunshine Coast | Master of Teaching (Primary) |
|
University of the Sunshine Coast | Master of Teaching (Secondary) |
|
University of Western Australia | Master of Teaching (Secondary) |
|
University of Western Australia | Master of Information Technology |
|
Western Sydney University | Master of Psychotherapy and Counselling |
|
Western Sydney University | Master of Teaching (Secondary) STEM |
|
Removal of Masters courses in Schedule 3 to the Principal Determination
New Schedule 3 to the Principal Determination omits the Masters courses in the following table that were previously contained in Schedule 3 to the Principal Determination. These courses have been removed as students are no longer enrolled in them.
Higher Education Provider | Course Name |
Curtin University | Master of Engineering Science and Renewable Energy Electrical Power Systems |
Curtin University | Master of Engineering Science in Electrical Utility Engineering |
Curtin University | Master of Medical Imaging Science |
Curtin University | Master of Medical Sonography |
Curtin University | Master of Radiation Therapy |
Deakin University | Master of Psychology (Industrial and Organisational) |
La Trobe University | Master of Counselling |
La Trobe University | Master of Counselling Psychology |
La Trobe University | Master of Financial Analysis and Master of International Business |
La Trobe University | Master of Islamic Banking and Finance |
La Trobe University | Master of Paramedic Practice |
La Trobe University | Master of Spatial Planning, Management and Design |
Monash University | Master of Applied Information Technology |
Monash University | Master of Psychology (Educational and Developmental) |
Monash University | Master of Teaching (Early Years) |
Monash University | Master of Teaching (Primary) |
Monash University | Master of Teaching (Secondary) |
RMIT University | Master of Landscaping Architecture |
University of Western Australia | Master of Manual Therapy |
University of Western Australia | Master of Public Health (Nursing) |
Western Sydney University | Master of Occupational Therapy |
Western Sydney University | Master of Physiotherapy |
Western Sydney University | Master of Podiatric Medicine |
Where a course has been removed it is because that course has been discontinued, except RMIT University’s Master of Landscaping Architecture. RMIT University’s Master of Landscaping Architecture was incorrectly named on previous Determinations. The correct name has always been Master of Landscape Architecture. Accordingly, no students have ever been enrolled under this name.
Courses that have changed names
New Schedule 3 renames a number of courses. The old courses that have new course names are shown in the following table:
Higher Education Provider | New course name | Old course name |
Australian Catholic University | Master of Teaching (Early Childhood and Primary) | Master of Teaching (Early Years) |
Central Queensland University | Master of Teaching (Primary) | Master of Teaching |
Curtin University | Master of Arts | Master of Media and Communication |
Deakin University | Master of Architecture (Design Management) | Master of Architecture (Design) |
Griffith University | Master of Primary Teaching | Master of Teaching (Primary) |
James Cook University | Master of Planning and Urban Development | Master of Tropical Urban and Regional Planning |
Monash University | Juris Doctor | Master of Laws (Juris Doctor) |
RMIT University | Master of Landscape Architecture | Master of Landscaping Architecture |
University of Divinity | Master of Theological Studies | Master of Arts (Theology) |
University of Divinity | Master of Theology (Coursework) | Master of Theological Studies |
University of Melbourne | Master of Psychology (Clinical Neuropsychology) | Master of Psychology |
University of Melbourne | Master of Psychology (Clinical Psychology) | Master of Psychology |
Western Sydney University | Master of Nurse Practitioner (Mental Health) | Master of Mental Health Nursing (Nurse Practitioner) |
University that has changed name
New Schedule 3 renames Curtin University of Technology to Curtin University to reflect their change of name.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Student Assistance (Education Institutions and Courses) Amendment Determination 2018
The Student Assistance Amendment (Education Institutions and Courses) Amendment Determination 2018 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 the legislative instrument
The Student Assistance Amendment (Education Institutions and Courses) Amendment Determination 2018 (the Amendment Determination) is made under subsection 5D(1) of the Student Assistance Act 1973 (the Act). Subsection 5D(3) of the Act provides that a determination under subsection 5D(1) is a legislative instrument.
Subsection 5D(1) of the Act provides that the Minister may, for the purposes of the Act, determine in writing that:
(a) a course of study or instruction is a secondary course, or a tertiary course; or
(b) a part of a course of study or instruction is a part of a secondary course or part of a tertiary course.
The Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (the Principal Determination). The Principal Determination broadly outlines the institutions and courses for the purpose of subsections 3(1) and 5D(1) of the Act, specifying multiple levels of study at higher education institutions and registered training organisations.
The Amendment Determination amends the list of Masters courses in Schedule 3 to the Principal Determination by adding new courses, replacing the names of existing courses and removing existing courses. Courses have been removed only where there are no longer any students enrolled in those courses.
The Masters courses listed in Schedule 3 are the Masters courses provided by higher education providers that are “tertiary courses” for the purposes of the Act. In turn, the determination of these courses as tertiary courses for the purposes of the Act allows people studying those courses to qualify for certain student payments under social security law, such as youth allowance, austudy payment and the pensioner education supplement and also ABSTUDY (provided they meet the other eligibility criteria for those payments).
Human rights implications
The Amendment Determination engages the following human rights:
Right to Education
The Amendment Determination engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
By determining that certain Masters courses are “tertiary courses”, which in turn assists people studying those courses to qualify for certain student payments, the Amendment Determination may enable students to access education and therefore is compatible with human rights.
Right to Social Security
The Amendment Determination engages the right to social security contained in Article 9 of the ICESCR.
By determining that certain Masters courses are “tertiary courses”, which in turn assists people studying those courses to qualify for certain student payments, the Amendment Determination may enable more students to access social securitypayments and therefore is compatible with human rights.
Conclusion
The Amendment Determination is compatible with human rights as it enables students to access education and social security payments.
Minister for Social Services, the Hon Dan Tehan MP