Overview

The Student Assistance (Education Institutions and Courses) Amendment Determination 2010 (No. 1) was introduced to address the gap in the provision of welfare payments for students enrolled in Masters courses at Australian tertiary institutions. This amendment was made under subsection 5D(1) of the Student Assistance Act 1973 by the Department of Education, Employment and Workplace Relations. The policy objective of this Amendment Determination is to expand the eligibility for certain welfare payments, such as austudy payment and youth allowance, to include students enrolled in additional Masters courses. By amending the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2), the Amendment Determination adds Masters courses to the list of approved courses that qualify as "tertiary courses" under the Act, thereby enabling students who meet other eligibility criteria to receive welfare support. The determination was enacted without the need for further consultation beyond the standard application process provided by the Department.

Scope and Application

The Student Assistance (Education Institutions and Courses) Amendment Determination 2010 (No. 1) operates under the authority of the Student Assistance Act 1973, with its primary objective being to enhance the list of Masters courses that qualify for certain welfare payments, such as austudy payment and youth allowance, by including additional courses. This legislative instrument applies to students enrolled in the specified Masters courses at Australian tertiary institutions, thus extending its reach to individuals who meet the eligibility criteria for these payments. The Amendment Determination modifies the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2), specifically updating Schedule 3 to include a total of 51 additional Masters courses. This amendment ensures that students studying these courses can access the specified welfare payments, provided they satisfy other qualification requirements under the Act. The jurisdictional scope of this Amendment Determination is national, aligning with the overarching provisions of the Student Assistance Act 1973.

Key Provisions

The Student Assistance (Education Institutions and Courses) Amendment Determination 2010 (No. 1) amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2), adding Masters courses to the list of courses eligible for student assistance. Section 3 of the Amendment Determination provides for the substitution of the Principal Determination’s Schedule 3, replacing it with a new Schedule 3 that includes all previously listed Masters courses plus 51 additional courses (Section 3). This amendment ensures that students enrolled in these courses can qualify for welfare payments such as austudy payment and youth allowance, provided they meet other eligibility criteria under the Act. The Amendment Determination imposes obligations on tertiary institutions seeking to have their Masters courses included in the list of eligible courses for student welfare payments. Institutions must apply to the Department of Education, Employment and Workplace Relations and adhere to the guidelines available on the Department’s website. These guidelines outline the criteria and process for course approval (Explanatory statement). The Amendment Determination does not require a Regulatory Impact Statement or a Business Cost Calculator, indicating that it is not considered to have significant regulatory or compliance impacts on businesses. Breaches of the provisions in the Amendment Determination may not be explicitly outlined in the Explanatory Statement; however, the nature of the instrument suggests that non-compliance with the stipulated course inclusion criteria could result in students being ineligible for welfare payments. The consequences for institutions failing to meet the eligibility criteria are primarily financial, as students may not receive the intended support. While specific penalties are not detailed in the document, the impact would be on the institutions' ability to provide necessary support to their students. The Amendment Determination's legislative nature ensures its enforceability under the Student Assistance Act 1973.