EXPLANATORY STATEMENT
Student Assistance (Education Institutions and Courses) Amendment Determination 2011 (No. 1)
Summary
The Student Assistance (Education Institutions and Courses) Amendment Determination 2011 (No. 1) (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 disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901; such an instrument is a legislative instrument, by operation of subparagraph 6 (d) (i) of the Legislative Instruments Act 2003.
The Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (Principal Determination). The Amendment Determination adds Masters courses to the list of Masters courses in Schedule 3 to the Principal Determination. The Masters courses listed in Schedule 3 are the Masters courses at Australian tertiary institutions 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 income support payments, such as Austudy payment and Youth Allowance (provided they meet the other qualification criteria for those payments).
Notes on Clauses
Sections 1 and 2 of the Amendment Determination are mechanical provisions that provide for the name of the instrument and its commencement, respectively.
Section 3 of the Amendment Determination provides that Schedule 1 to the determination amends the Principal Determination.
Item 1 of Schedule 1 to the Amendment Determination substitutes Schedule 3 of the Principal Determination for a new Schedule 3. The Masters courses listed in the new Schedule 3 include 34 Masters courses that were not listed in the old Schedule 3. Nine Masters courses have been removed from the new Schedule 3 at the request of the education provider as they are either no longer offered or they have been replaced by new courses.
One Masters course is no longer offered and a replacement course is already approved:
- the Master of Mental Health at Southern Cross University;
Eight courses have been replaced by newly approved courses:
- the Master of Osteopathy at Southern Cross University has been replaced by the Master of Osteopathic Medicine;
- the Master of Arts (Applied Linguistics) at the University of New England has been replaced by the Master of Applied Linguistics (TESOL);
- the Master of Applied Psychology in Community Psychology at Victoria University has been replaced by the Master of Applied Psychology (Community Psychology);
- the Master of Applied Psychology in Sports Psychology at Victoria University has been replaced by the Master of Applied Psychology (Sport Psychology);
- the Master of Applied Science - Clinical Exercise Practice at Victoria University has been replaced by the Master of Applied Science (Clinical Exercise Practice);
- the Master of Applied Science – Exercise Rehabilitation at Victoria University has been replaced by the Master of Applied Science (Exercise Rehabilitation);
- the Master of Clinical Psychology at Victoria University has been replaced by the Master of Psychology (Clinical Psychology); and
- the Master of Health Science (Osteopathy) at Victoria University has been replaced by a new course of the same name.
Consultation
The Department of Education, Employment and Workplace Relations enables tertiary institutions to apply for the inclusion of Masters courses in the list of Masters courses for which student welfare payments are payable. Guidelines for the approval of Masters courses for inclusion in the Principal Determination are available on the Department’s web site at:
www.deewr.gov.au/student_income_support.
The Amendment Determination is beneficial. The Department undertook consultations with the tertiary institutions that sought inclusion of their courses in the determination, but did not consider that further consultation was necessary.
Regulatory Impact Analysis
The Amendment Determination does not require a Regulatory Impact Statement nor a Business Cost Calculator Figure. 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.
No special statutory conditions needed to be fulfilled prior to the making of the Amendment Determination.
Overview
The Student Assistance (Education Institutions and Courses) Amendment Determination 2011 (No. 1) was made under the authority of the Student Assistance Act 1973. It addresses the need to update the list of Masters courses recognised for eligibility for student assistance payments, such as Austudy payment and Youth Allowance. This amendment was necessary to reflect changes in course offerings at Australian tertiary institutions and to ensure that students enrolled in updated or new Masters courses could still qualify for the relevant income support. The determination was made by the Department of Education, Employment and Workplace Relations and its objective is to provide clarity and ensure continued eligibility for eligible students. The determination does not carry regulatory implications and does not require significant compliance costs or impact on business activities.
Scope and Application
The Student Assistance (Education Institutions and Courses) Amendment Determination 2011 (No. 1) applies to students enrolled in specific Masters courses at Australian tertiary institutions, which are recognised as "tertiary courses" for the purposes of the Student Assistance Act 1973. This recognition qualifies eligible students for certain income support payments, such as Austudy payment and Youth Allowance, provided they meet other specified criteria. The Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) by updating the list of Masters courses in Schedule 3 to include additional courses and remove those that are no longer offered or have been replaced. This adjustment ensures that the list reflects the current offerings at Australian tertiary institutions and maintains the integrity of the student assistance framework. The Amendment Determination is applicable nationally, as it is made under the Commonwealth Student Assistance Act 1973. It does not require a Regulatory Impact Statement or a Business Cost Calculator Figure, as it is not considered regulatory in nature and is not expected to impact business activity or introduce significant compliance costs.
Key Provisions
The Student Assistance (Education Institutions and Courses) Amendment Determination 2011 (No. 1) introduces modifications to the existing Student Assistance framework under the Student Assistance Act 1973. The primary operative sections of this Amendment Determination (sections 1 and 2) establish the name of the instrument and its commencement, while section 3 specifies that Schedule 1 to the determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (Principal Determination). Specifically, Item 1 of Schedule 1 replaces Schedule 3 of the Principal Determination with a new Schedule 3, which lists the Masters courses eligible for student welfare payments such as Austudy payment and Youth Allowance. This amendment includes 34 additional Masters courses and removes nine courses either no longer offered or replaced by new courses, ensuring the list remains current and reflective of the educational landscape.
The Amendment Determination imposes specific obligations on the parties it governs. Tertiary institutions must ensure that their Masters courses meet the criteria set forth in the Principal Determination and its amendments. The Department of Education, Employment and Workplace Relations is responsible for reviewing applications from tertiary institutions seeking to have their courses included in the list of approved courses. The Amendment Determination also requires that institutions notify the Department of any changes, such as course replacements or discontinuations, to maintain the accuracy of the list. Furthermore, students enrolled in these courses must meet all other eligibility criteria for student welfare payments, ensuring that the support provided is both fair and targeted to those in need.
Failure to comply with the provisions of the Amendment Determination may lead to consequences for both educational institutions and students. Although the Amendment Determination does not explicitly state offences or penalties, breaches of the conditions set forth in the Student Assistance Act 1973 or the regulations made under it could result in civil or criminal penalties. For example, providing false information to obtain student welfare payments could lead to legal action under the Commonwealth's criminal code, potentially resulting in fines or imprisonment. Additionally, educational institutions may face reputational damage or loss of accreditation if they are found to be non-compliant with the requirements governing student assistance. Ensuring adherence to these provisions is crucial for maintaining the integrity of the student support system and safeguarding the interests of both students and educational providers.