Explanatory Statement
Issued by the authority of the Minister for Social Services
Student Assistance Act 1973
Student Assistance (Education Institutions and Courses) Amendment (Combined Courses and Masters by Coursework) Determination 2025
Purpose
The Student Assistance (Education Institutions and Courses) Amendment (Combined Courses and Masters by Coursework) Determination 2025 (the Amendment Determination) amends Schedule 2 of the Student Assistance (Education Institutions and Courses) Determination 2019 (the Determination) to clarify the combined course requirements, including to provide that a combined Masters and Masters course is an approved course. The Amendment Determination also updates the list of approved Masters courses in the table in Schedule 3 to the Determination. These tertiary course requirements are determined for the purposes of the Student Assistance Act 1973 (the Act) and are relevant to a student’s qualification for student payments.
Background
To qualify for student payments under the Social Security Act 1991, students must be undertaking an approved course of education or study. The Social Security Act 1991 provides that a course is an approved course of education or study if it is a course determined under section 5D of the Act to be a secondary course or a tertiary course for the purposes of the Act (subsection 541B(5) for youth allowance, section 569B for austudy payment and section 1061PC for pensioner education supplement).
Subsection 5D(1) of the Act provides that the Minister may, for the purposes of the Act, determine in writing that:
- a course of study or instruction is a secondary course, or a tertiary course; or
- a part of a course of study or instruction is a part of a secondary course or part of a tertiary course.
The Determination specifies the courses and parts of courses determined by the Minister for these purposes.
Part 1 – Combined courses
Section 11 of the Determination specifies the criteria for tertiary courses. This section provides that for the purpose of paragraph 5D(1)(a) of the Act, a tertiary course is a course that is one of three alternative types of courses specified in subsection 11(1). Broadly, these three types are tertiary courses specified in Schedule 2, courses accredited at Masters level and specified in Schedule 3, and courses to which the transitional arrangements in section 12 of the Determination apply.
The Amendment Determination amends the relevant course lists in Schedule 2 relating to combined courses to clarify the requirements for an approved combined course.
It is no longer necessary for combined courses to be identified as a combined course in the relevant education institution’s handbooks. Instead, a combined course must be identified and administered as such by the institution. While institutions may not necessarily use the term “combined course”, the revised wording is intended to generally address situations where an institution enables students to complete two qualifications as part of one course, whether under the same or two different course codes, in less time than it would take to study them individually. Alternative descriptions that may be used by institutions may include terms such as integrated, concurrent or dual courses. The amended wording also allows various forms of evidence to be considered in determining whether a course is a combined course for the purposes of the Determination. For example, the student’s proof of enrolment, the institution’s website, course handbook, or a letter from the institution.
The Amendment Determination also makes amendments to provide that a combined Masters and Masters course, where each Masters course is specified in Schedule 3 to the Determination, is an approved course for student payment purposes.
Part 2 - Masters by coursework
Part 2 of Amendment Determination amends the table in Schedule 3 to the Determination to update the list of approved tertiary Masters level courses by adding new Masters courses, updating the names of some existing Masters courses and removing some existing Masters courses.
Twice a year, the Department of Social Services (the department) invites education institutions to submit applications for their professionally orientated Masters by coursework programs to be considered for approval for student payments. The amendments made by the Amendment Determination reflect the outcome of the second round of applications considered in 2025. Further information on the assessment process can be found on the department’s website at:
https://www.dss.gov.au/approval-masters-courses-education-providers.
These amendments enable students studying the new approved Masters level courses to qualify for student payments under the social security law, that is, youth allowance (student), austudy payment and pensioner education supplement, provided they meet the other eligibility criteria for those payments.
From 1 January 2026, the University of Adelaide and the University of South Australia are merging to form the new Adelaide University. This new institution is inserted in new table item 1 in Schedule 3 to the Determination. Table item 45 relating to the University of Adelaide, and table item 54 relating to the University of South Australia, are being retained at the present time to ensure students undertaking approved Masters courses in 2025, before new Adelaide University is formed, are not adversely affected.
Amendments to certain Masters course names ensures that courses with amended names continue to be approved courses for student payment purposes. In some cases, former course names have been retained in the Determination to ensure continuing students are not affected by course name changes. Where previous course names are removed from the Determination, education institutions have advised the department that there are no students enrolled under those previous course names.
Masters level courses are removed at the request of the education institution. In these cases, education institutions have advised the department that there are no students enrolled in these courses.
Commencement
The Amendment Determination commences on the day after it is registered on the Federal Register of Legislation.
Authority
The Amendment Determination is made under subsection 5D(1) of the Act. Subsection 5D(3) of the Act provides that a determination under subsection 5D(1) is a legislative instrument.
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. In making the Amendment Determination, the Minister is relying on this subsection in conjunction with the instrument-making power in subsection 5D(1) of the Act.
The Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to disallowance.
Consultation
On 7 July 2025 the department invited education institutions, referred by the Department of Education, to submit their courses for assessment. Where an education institution sought inclusion of their Masters course in the Determination, the department will advise the institution of the outcome of the assessment process.
The department consulted with Services Australia on the intention to make the Amendment Determination, given the impact on student payment recipients. Services Australia does not have any concerns.
The department did not consult with student payment recipients on the intention to make the Amendment Determination, as it is beneficial to students with more Masters courses being included, and no students adversely affected by courses being amended or removed.
Availability of independent review
Decisions made under the social security law in relation to student payments are generally subject to internal and external merits review under Parts 4 and 4A of the Social Security (Administration) Act 1999 (Administration Act). Such decisions, including whether a person qualifies for a student payment, could be based on the approved courses in the Determination.
If an education institution disagrees with the outcome of their application for approval of a course, they may appeal the decision by writing to the Minister, and provide any additional information to support their appeal. Education institutions may resubmit courses currently undergoing the accreditation process for assessment in a future round, once accreditation has been granted.
Information sharing
Information about a student, such as whether they are enrolled in an approved course, that is collected by an officer for the purposes of youth allowance (student), austudy payment and pensioner education supplement, will have the character of protected information under the social security law.
The Administration Act has protections in place that limit the way in which protected information is handled. Under Division 3 of Part 5 of the Administration Act, a person will be authorised to record, disclose or use protected information, for example, where this is for the purposes of the social security law, with consent or in accordance with a public interest certificate. If the recording, disclosure or use of protected information is not authorised under the Administration Act and the person knows or ought reasonably to know that the information is protected information, the person may commit an offence that is punishable on conviction by imprisonment for a term not exceeding two years.
Explanation of the provisions
Details of the Student Assistance (Education Institutions and Courses) Amendment (Combined Courses and Masters by Coursework) Determination 2025
Section 1 – Name
Section 1 states how the instrument is to be cited, that is, as the Student Assistance (Education Institutions and Courses) Amendment (Combined Courses and Masters by Coursework) Determination 2025 (the Amendment Determination).
Section 2 – Commencement
Section 2 sets out a table providing for the commencement of the Amendment Determination on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
Section 3 provides that the Amendment Determination is made under subsection 5D(1) of the Student Assistance Act 1973 (the Act).
Section 4 - Schedules
Section 4 provides that each instrument that is specified in a Schedule to the Amendment Determination is amended as set out in the applicable items in that Schedule, and any other item in a Schedule to the Amendment Determination has effect according to its terms.
Schedule 1 to the Amendment Determination sets out the amendments to the Student Assistance (Education Institutions and Courses) Determination 2019 (the Determination).
Schedule 1 – Amendments
Part 1 – Combined courses
Item 1 inserts new paragraph (fa), after paragraph (f), in item 6 of the table in Schedule 2. This includes a course accredited at Masters level and specified in Schedule 3 as an approved tertiary course for the purposes of section 11 of the Determination.
Item 2 removes “is identified as a combined course in the institution’s handbooks” in subparagraph (h)(ii) in item 6 of the table in Schedule 2 and replaces it with “is identified and administered by the institution as a combined course”.
Item 3 removes paragraph (ha) in item 6 of the table in Schedule 2. This paragraph is no longer required due to the amendment made by item 1 above.
Item 4 removes “is identified as a combined course in the institution’s handbooks” in subparagraph (j)(iii) in item 6 of the table in Schedule 2 and replaces it with “is identified and administered by the institution as a combined course”.
Item 5 inserts new paragraph (fa), after paragraph (f), in item 9 of the table in Schedule 2. This includes a course accredited at Masters level and specified in Schedule 3 as an approved tertiary course for the purposes of section 11 of the Determination.
Item 6 removes “is identified as a combined course in the institution’s handbooks” in subparagraph (h)(ii) in item 9 of the table in Schedule 2 and replaces it with “is identified and administered by the institution as a combined course”.
Item 7 removes “; or” from subparagraph (h)(iv) in item 9 of the table in Schedule 2. This is consequential to the amendment made by item 8 below.
Item 8 removes paragraph (i) from item 9 of the table in Schedule 2. This paragraph is no longer required due to the amendment made by item 5 above.
Item 9 removes “is identified as a combined course in the institution’s handbooks” in paragraph (c) in item 10 of the table in Schedule 2 and replaces it with “that is identified and administered by each institution as a combined course”.
Item 10 removes “is identified as a combined course in the institution’s handbooks” in paragraph (c) in item 11 of the table in Schedule 2 and replaces it with “that is identified and administered by each institution as a combined course”.
Part 2 – Masters by coursework
Item 11 amends table item “1” to renumber it as table item “1A”.
Item 12 inserts new table item 1, above the amended table item 1A (described above in item 11), and new Adelaide University as an educational institution in the table of approved tertiary courses at Masters level in Schedule 3.
The following courses are inserted against new table item 1 in relation to the new Adelaide University: “Doctor of Clinical Dentistry”, “Doctor of Medicine”, “Doctor of Veterinary Medicine”, “Master of Applied Finance”, “Master of Architecture”, “Master of Arts (Interpreting, Translation and Transcultural Communication)”, “Master of Construction Management”, “Master of Counselling and Psychotherapy”, “Master of Curatorial and Museum Studies”, “Master of Financial Planning”, “Master of Information Technology (Enterprise Management)”, “Master of Landscape Architecture”, “Master of Midwifery (Graduate Entry)”, “Master of Nursing (Graduate Entry)”, “Master of Nursing (Nurse Practitioner)”, “Master of Occupational Therapy (Graduate Entry)”, “Master of Physiotherapy (Graduate Entry)”, “Master of Professional Accounting”, “Master of Psychology (Clinical)”, “Master of Psychology (Health)”, “Master of Psychology (Organisational and Human Factors)”, “Master of Public Health”, “Master of Social Work”, “Master of Teaching (Early Childhood)”, “Master of Teaching (Early Childhood Education)”, “Master of Teaching (Middle and Secondary)”, “Master of Teaching (Primary)”, “Master of Teaching (Secondary)”, and “Master of Urban and Regional Planning”.
Item 13 inserts “Master of Teaching (Secondary)” as a new course at the Australian Catholic University in item 2 of the table in Schedule 3, after “Master of Teaching (Primary) / Graduate Certificate in Religious Education”.
Item 14 inserts “Master of Professional Accounting” as a new course at the Australian College of Applied Professions (formerly known as Australian College of Applied Psychology) in item 3 of the table in Schedule 3, after “Master of Counselling and Psychotherapy”.
Item 15 removes “Avondale College” as the educational institution in item 6 of the table in Schedule 3 and replaces it with the new name for the educational institution “Avondale University”.
Item 16 inserts “Master of Ministry” as a new course at Avondale University in item 6 of the table in Schedule 3, before “Master of Teaching (Primary)”.
Item 17 inserts “Master of Laboratory Medicine” and “Master of Nursing (Graduate Entry)” as new courses at Central Queensland University in item 10 of the table in Schedule 3, after “Master of Information Technology”.
Item 18 inserts “Doctor of Medicine” as a new course at Charles Darwin University in item 11 of the table in Schedule 3, before “Doctor of Pharmacy”.
Item 19 removes the reference to “Master of Engineering (SENGG1)” as a course at the Charles Darwin University in item 11 of the table in Schedule 3 and replaces it with the new name for this course “Master of Engineering”.
Item 20 inserts “Master of Speech Pathology” as a new course at the Charles Darwin University in item 11 of the table in Schedule 3, after “Master of Speech and Language Therapy”.
Item 21 removes “Master of Architecture (Design)” and “Master of Landscape Architecture” as courses at Deakin University in item 15 of the table in Schedule 3.
Item 22 inserts “Master of Engineering Technology (Mining)” as a new course at Federation University Australia in item 19 of the table in Schedule 3, after “Master of Engineering Technology (Mechanical Engineering)”.
Item 23 removes the reference to “Master of Professional Accounting (5683)” as a course at Griffith University in item 22 of the table in Schedule 3 and replaces it with the new name for this course “Master of Professional Accounting”.
Item 24 inserts “Master of Social Work (Qualifying)” as a new course at Ikon Institute of Australia in item 24A of the table in Schedule 3, after “Master of Counselling and Psychotherapy”.
Item 25 removes “Master of Pharmaceutical Public Health” as a course at James Cook University in item 26 of the table in Schedule 3.
Item 26 inserts “Master of Professional Psychology” as a new course at James Cook University in item 26 of the table in Schedule 3, after “Master of Professional Accounting”.
Item 27 removes “Master of Accounting and Financial Management” as a course at La Trobe University in item 29 of the table in Schedule 3.
Item 28 removes “Master of Environmental Planning” as a course at Macquarie University in item 30 of the table in Schedule 3.
Item 29 inserts “Master of Theology” as a new course at Moore Theological College in item 35 of the table in Schedule 3, after “Master of Arts (Theology)”.
Item 30 inserts “Master of Nutrition and Dietetics” as a new course at the Queensland University of Technology in item 38 of the table in Schedule 3, after “Master of Nursing – Entry to Practice”.
Item 31 removes “Master of Applied Science (Chinese Herbal Medicine)”, “Master of Information Management”, “Master of Medical Physics” and “Master of Professional Accounting (CPA Australia Extension)” as courses at RMIT University in item 39 of the table in Schedule 3.
Item 32 inserts “Master of Psychology (Educational and Developmental Psychology)” as a new course at Swinburne University of Technology in item 41 of the table in Schedule 3, after “Master of Psychology (Clinical Psychology)”.
Item 33 removes “Master of Nursing Practice” as a course at the University of New England in item 49 of the table in Schedule 3.
Item 34 inserts “Master of Primary Teaching” as a new course at the University of Notre Dame in item 52 of the table in Schedule 3, after “Master of Physiotherapy”.
Item 35 inserts “Master of Speech Pathology” as a new course at the University of Notre Dame in item 52 of the table in Schedule 3, after “Master of Social Work (Qualifying)”.
Item 36 inserts “Master of Urban Planning” as a new course at the University of Queensland in item 53 of the table in Schedule 3, after “Master of Urban and Regional Planning”.
Item 37 inserts “Master of Pharmacy Practice” as a new course at the University of Sydney in item 56 of the table in Schedule 3, after “Master of Pharmacy”.
Item 38 removes “Master of Rehabilitation Counselling” and “Master of Science in Medicine (Psychotherapy)” as courses at the University of Sydney in item 56 of the table in Schedule 3.
Item 39 inserts “Doctor of Pharmacy” as a course at the University of Western Australia in item 60 of the table in Schedule 3, after “Doctor of Optometry”.
Item 40 removes “Master of Pharmacy” as a course at the University of Western Australia in item 60 of the table in Schedule 3. “Doctor of Pharmacy” (referred to above in item 39) is the new course name for “Master of Pharmacy”.
Item 41 removes “Master of Business” as a course at the University of Wollongong in item 61 of the table in Schedule 3.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Student Assistance Act 1973
Student Assistance (Education Institutions and Courses) Amendment (Combined Courses and Masters by Coursework) Determination 2025
The Student Assistance (Education Institutions and Courses) Amendment (Combined Courses and Masters by Coursework) Determination 2025 (the Amendment Determination) 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 Amendment Determination amends Schedule 2 of the Student Assistance (Education Institutions and Courses) Determination 2019 (the Determination) to clarify the combined course requirements, including to provide that a combined Masters and Masters course is an approved course. The Amendment Determination also updates the list of approved Masters courses in the table in Schedule 3 to the Determination. These tertiary course requirements are determined for the purposes of the Student Assistance Act 1973 (the Act) and are relevant to a student’s qualification for student 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). Article 13 recognises the important personal, societal, economic and intellectual benefits of education. Article 13 also provides the secondary education in all its different forms, including higher education, shall be made generally available and accessible to all by every appropriate means.
By determining that certain Masters courses and combined courses are approved tertiary courses, which in turn assists people studying those courses to qualify for student payments, the Amendment Determination may enable students to access education and is therefore compatible with human rights.
Right to social security and right to an adequate standard of living
The Amendment Determination engages the right to social security contained in Article 9 of the ICESCR. Article 9 requires that a system be established under domestic law and that public authorities must take responsibility for the effective administration of the system. The social security system must provide a minimum essential level of benefits to all individuals and families that will enable them to cover essential living costs.
Article 11 of the ICESCR recognises the right of everyone to an adequate standard of living including adequate food, water and housing, and to the continuous improvement of living conditions.
Article 4 of the ICESCR provides that countries may limit the right to social security in a way determined by law only in so far as this may be compatible with the nature of the rights contained within the ICESCR and solely for the purpose of promoting the general welfare in a democratic society. Such a limitation must be proportionate to the objective to be achieved.
The Social Security Act 1991 provides access to social security for students through equity measures that provide financial assistance to help meet the costs associated with study. To qualify for student payments, a student must meet specified criteria, including in relation to their course of study, study load and study progress.
A student undertaking a course specified in the Determination may be able to qualify for student payments under the social security law, that is, youth allowance (student), austudy payment and pensioner education supplement, provided they meet the other eligibility criteria for those payments.
By determining that certain Masters courses and combined courses are approved tertiary courses, which in turn assists people studying those courses to qualify for student payments, the Amendment Determination may enable more students to access social security payments, as well as an adequate standard of living by being supported to study, and is therefore compatible with human rights.
Conclusion
The Amendment Determination is compatible with human rights as it promotes and supports the right to education, the right to social security and the right to an adequate standard of living. To the extent a human rights obligation is engaged or limited, the impact is for a legitimate objective and is reasonable, necessary and proportionate.
The Hon Tanya Plibersek MP, Minister for Social Services