Overview

The Student Assistance (Education Institutions and Courses) Amendment Determination 2010 (No. 2) was enacted to address gaps in the list of Masters courses that qualify for student welfare payments under the Student Assistance Act 1973. This amendment was made under the authority granted by subsection 5D(1) of the Act, which empowers the making of such determinations. The policy objective of this amendment is to ensure that students enrolled in eligible Masters courses at Australian tertiary institutions can qualify for welfare payments like Austudy and Youth Allowance, provided they meet other eligibility criteria. The Amendment Determination is a legislative instrument that modifies the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) to include additional courses while removing those that are no longer offered or have been replaced by new ones. The amendment was made following consultations with relevant tertiary institutions, and it is considered beneficial without significant regulatory or economic impacts.

Scope and Application

The Student Assistance (Education Institutions and Courses) Amendment Determination 2010 (No. 2) amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) under the authority of the Student Assistance Act 1973. This amendment relates specifically to the inclusion and exclusion of Masters courses from the list of courses eligible for student welfare payments, such as Austudy payment and Youth Allowance, provided the students meet other eligibility criteria. The Amendment Determination adjusts the schedule of eligible Masters courses, adding 58 courses that were previously excluded and removing six courses either no longer offered or replaced by new courses. This adjustment aims to ensure that the list of eligible courses accurately reflects current course offerings at Australian tertiary institutions. The Amendment Determination applies to students enrolled in the specified Masters courses at accredited educational institutions, thereby affecting those individuals directly. The amendment operates on a Commonwealth level, as it is made under the authority of an Act of the Commonwealth Parliament. There are no exclusions or exemptions outlined in the Amendment Determination, though its application is inherently limited to the courses listed in its schedule. Subordinate instruments may further define the scope or application of this amendment, although the primary focus of the Amendment Determination is the specified adjustment to course eligibility.

Key Provisions

The Student Assistance (Education Institutions and Courses) Amendment Determination 2010 (No. 2) (the Amendment Determination) primarily serves to modify the list of Masters courses eligible for student welfare payments under the Student Assistance Act 1973. Section 3 of the Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (the Principal Determination) by substituting a new Schedule 3 in place of the existing one. This new Schedule 3 includes 58 additional Masters courses that were not previously listed, thus expanding the scope of courses eligible for certain welfare payments such as Austudy payment and Youth Allowance. Conversely, six Masters courses have been removed from the updated Schedule 3. These courses, which include the Master of Advanced Practice (Mental Health Nursing) at Griffith University, the Master of Pharmacy (Graduate Entry) at the University of South Australia, and the Master of Osteopathy at the University of Western Sydney, have been excluded either because they are no longer offered or have been replaced by new courses. Additionally, three courses have been replaced by newly approved courses: the Master of Science in Genetic Counselling at Griffith University has been replaced by the Master of Science with Honours in Genetic Counselling, the Master of Science (International Urban & Environmental Management) at RMIT University has been replaced by the Master of Social Science (International Urban and Environmental Management), and the Master of Social Science (Translating and Interpreting) at RMIT University has been replaced by the Master of Social Science (Translating and Interpreting Studies). The Amendment Determination imposes certain obligations on the parties it governs, particularly the tertiary institutions. These institutions must ensure that the Masters courses they offer align with the updated Schedule 3 if they wish their students to qualify for welfare payments. Furthermore, institutions seeking to include their courses in the determination must follow the guidelines provided by the Department of Education, Employment and Workplace Relations. The Department facilitates the application process for course inclusion, which is available on their website. However, it is noted that the Department did not consider further consultation necessary beyond what was already undertaken with the tertiary institutions that sought inclusion of their courses. The Amendment Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within its text. Given its nature as an amendment to the eligibility criteria for welfare payments, any failure to comply with the updated course listings might indirectly result in students being ineligible for certain welfare payments. However, there are no stated maximum penalties for non-compliance within the Amendment Determination itself. The determination is framed as a beneficial update, intended to ensure that eligible students can access the welfare payments they qualify for, provided they are studying one of the courses listed in the amended Schedule 3.