Student Assistance Amendment Regulations 2003 (No. 1) 2003 No. 323
Explanatory STATEMENT
Statutory Rules 2003 No. 323
Issued by the authority of the Minister for Education, Science and Training
Subject - Student Assistance Act 1973
Student Assistance Amendment Regulations 2003 (No. 1)
Subsection 56(1) of the Student Assistance Act 1973 (the Act) provides, in part, that the Governor General may make regulations, not inconsistent with the Act, prescribing all matters which, by the Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Assistance for Isolated Children (AIC) Scheme is a non-statutory (executive) scheme funded through the Appropriation Acts. The Act provides the statutory mechanism in relation to debt recovery and administrative appeals for this scheme.
Section 48 of the Act requires a person who is receiving, or entitled to receive, an amount under a financial supplement contract or a current special educational assistance scheme, such as the AIC Scheme, to notify the Department of the occurrence of an event prescribed by the regulations within 14 days. Part 3 of the Student Assistance Regulations 2003 (the Principal Regulations) prescribes definitions (regulation 7) and events (regulation 8) for the administration of the AIC Scheme.
These Regulations amend two definitions in regulation 7 of the Principal Regulations and omit the event prescribed at paragraph 8(d)(ix). These are essentially "housekeeping" matters.
One definition that has been amended (definition of AIC Policy Manual) refers to a particular version of a document that has now been updated with a new version. The Regulations replace the date reference. The other definition that has been amended is that for 'partner', which is aligned with the definition of partner in Part 2 of the Principal Regulations.
The prescribed event that has been omitted has no relevance. Paragraph 8(d)(ix) provides that an increase in the value of assets of a parent of a student to whom an amount relates beyond the maximum value specified in the AIC Policy Manual is a prescribed event. This prescribed event has no relevance as a parent does not have to provide information about the value of their assets in relation to an AIC allowance; this event was incorrectly included in the Principal Regulations.
The Regulations commenced on gazettal.
Overview
The Student Assistance Amendment Regulations 2003 (No. 1) were enacted to amend the Student Assistance Regulations 2003, under the authority of the Minister for Education, Science and Training. These amendments respond to the need for the Student Assistance Act 1973 to be aligned with updated policy documents and to correct an error in the prescribed events for the Assistance for Isolated Children (AIC) Scheme. The regulations update the definition of the AIC Policy Manual to reflect a more recent version of the document and align the definition of 'partner' with that used in other parts of the Principal Regulations. Additionally, the amendments omit a previously prescribed event that is no longer relevant, namely an increase in the value of assets of a parent beyond a specified maximum, as this information is not required under the AIC Scheme. The intent of these amendments is to streamline the regulatory framework and ensure its accuracy and relevance.
Scope and Application
The Student Assistance Amendment Regulations 2003 (No. 1) apply to persons who are receiving or are entitled to receive an amount under a financial supplement contract or a current special educational assistance scheme, such as the Assistance for Isolated Children (AIC) Scheme. These Regulations specifically target the amendments to certain definitions and the removal of an irrelevant prescribed event within the existing Student Assistance Regulations 2003. The amendments and omissions are aimed at ensuring the accuracy and relevance of the regulatory framework governing the AIC Scheme. The Regulations were made under the authority of the Minister for Education, Science and Training and are applicable in the Commonwealth of Australia, aligning with the provisions of the Student Assistance Act 1973. These Regulations do not introduce any new exclusions, exemptions, or thresholds beyond what is already established in the primary legislation and the Principal Regulations, focusing primarily on clarifying and correcting existing provisions.
Key Provisions
The Student Assistance Amendment Regulations 2003 (No. 1) amends certain definitions and removes a redundant prescribed event in the context of the Assistance for Isolated Children (AIC) Scheme, as governed by the Student Assistance Act 1973. Specifically, the Regulations modify the definitions of 'AIC Policy Manual' and 'partner' in regulation 7 of the Student Assistance Regulations 2003, ensuring they align with current documentation and other relevant definitions within the Principal Regulations. Furthermore, the Regulations remove the prescribed event in regulation 8(d)(ix), which pertains to an increase in the value of a parent's assets beyond a specified limit, an event that is not pertinent to the administration of the AIC Scheme. These changes are primarily administrative and intended to refine the regulatory framework to better reflect current practices and documentation.
Under these Regulations, recipients of financial supplements or special educational assistance, such as those under the AIC Scheme, are required to notify the Department of any prescribed events within 14 days, as stipulated in section 48 of the Act. The Regulations clarify and update certain definitions to ensure consistency and accuracy in the interpretation of the requirements. This includes updating the reference to a particular version of the AIC Policy Manual and aligning the definition of 'partner' with other definitions in the Principal Regulations. These amendments are designed to streamline the reporting process and ensure that the definitions used are current and relevant.
Failure to comply with the notification requirements or other obligations under the Student Assistance Act 1973 can result in various consequences. While specific offences and penalties are not detailed in the explanatory statement, the Act generally allows for enforcement actions, including the recovery of debts and the imposition of penalties for non-compliance. The exact nature and severity of penalties are not specified in the explanatory statement but are likely to be detailed in the Act itself or in related legislation.
The Regulations commence on the date of their gazettal, meaning that the changes they introduce come into effect immediately upon publication. This ensures that any updates to definitions or the removal of irrelevant prescribed events are implemented without delay, allowing for a more efficient and accurate administration of the AIC Scheme.