EXPLANATORY STATEMENT
A Determination made under subsection 5D(1) of the Student Assistance Act 1973
Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (No. 1)
Summary
The Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (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.
The Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (Principal Determination). The Amendment Determination makes changes to the list of Masters courses in Schedule 3 to the Principal Determination by repealing that schedule and substituting it for a new Schedule 3.
The Masters courses listed in Schedule 3 are the Masters courses provided by higher education providers 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 under social security law, such as Austudy payment and Youth Allowance (provided they meet the other qualification criteria for those payments).
Notes on Clauses
Section 1
Section 1 of the Amendment Determination provides that the name of the instrument is the Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (No. 1).
Section 2
Section 2 of the Amendment Determination provides that the instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3
This clause provides that Schedule 1 of the Amendment Determination amends the Principal Determination.
Item 1 of Schedule 1
This item repeals Schedule 3 of the Principle Determination and substitutes it with Schedule 3 contained in the Amendment Determination. The Masters courses listed in the new Schedule 3 include the 35 Masters courses listed in the following table that were not listed in Schedule 3 of the Principal Determination.
Education Institution | Course |
Australian Catholic University | Master of Teaching (Early Years) |
Bond University | Master of Architecture |
Bond University | Master of Environmental Management (Sustainable Development) |
Bond University | Master of Information Technology (Industry) |
Charles Darwin University | Master of Psychology (Clinical) |
Curtin University of Technology | Master of Health Information Management |
Edith Cowan University | Master of Midwifery Practice |
Edith Cowan University | Master of Paramedical Science |
Flinders University of South Australia | Doctor of Medicine |
Flinders University of South Australia | Master of Optometry |
Griffith University | Master of Architecture |
Griffith University | Master of Autism Studies |
La Trobe University | Master of Counselling |
La Trobe University | Master of Dietetic Practice |
La Trobe University | Master of Orthoptics (Hons) |
La Trobe University | Bachelor of Health Sciences and Master Orthoptics (Hons) |
Monash University | Master of Teaching (Primary) |
Murdoch University | Master of International Affairs |
Tabor Adelaide | Master of Divinity |
Top Education Institute Group Pty Ltd | Master of Professional Accounting |
University of Canberra | Master Teaching |
University of New South Wales | Master of Commerce (Finance) |
University of New South Wales | Master of Planning |
University of Queensland | Master of Occupational Health and Safety Science |
University of Queensland | Master of Urban and Regional Planning |
University of South Australia | Master of Teaching (Primary) |
University of South Australia | Master of Teaching (Secondary) |
University of Sydney | Master of Veterinary Studies |
University of Western Australia | Juris Doctor |
University of Western Australia | Doctor of Podiatric Medicine |
University of Western Australia | Doctor of Dental Medicine |
University of Western Australia | Master of Professional Engineering |
University of Western Australia | Master of Teaching |
University of Western Sydney | Master of Mental Health Nursing (Nurse Practitioner) |
University of Western Sydney | Master of Urban Management and Planning |
The three courses listed in the following table were in the list in Schedule 3 of the Principal Determination but have been removed from the list in Schedule 3 of the Amendment Determination at the request of the education provider as the provider considers those courses are no longer eligible for approval.
Education Institution | Course |
Griffith University | Master of Nursing (Nurse Practitioner) |
Griffith University | Master of Teaching Professional Practice) – Secondary |
Griffith University | Master Teaching (Professional Practice) – Primary |
Four of the currently approved courses have had their names changed as described in the table below:
Education Institution | New Course Name under new Schedule 3 | Old Course Name under the Principal Determination |
Cairnmillar Institute School of Counselling and Psychotherapy | Master of Psychology (Clinical Psychology) | Master of Psychology |
RMIT University | Master of Applied Science (Statistics and Operations Research) | Master of Statistics and Operations Research |
RMIT University | Master of Analytics | Master of Statistics (Business) |
University of Adelaide | Master of Professional Accounting | Master of Commerce (Accounting) |
Consultation
The Department of Industry, Innovation, Science, Research and Tertiary Education (the Department) invited higher education providers to apply for the inclusion of their Masters courses in the list of Masters courses that are “tertiary courses” for the purposes of the Act. T
The Guidelines for the approval of Masters courses for inclusion in the Principal Determination are available on the Department’s web site.
The Department undertook consultations with the higher education providers that sought inclusion of their Masters courses in the Amendment Determination.
The Amendment Determination has been developed in consultation with the Department of Education, Employment and Workplace Relations, and the Department of Families, Housing, Community Services and Indigenous Affairs.
Regulatory Impact Analysis
The Amendment Determination does not require a Regulatory Impact Statement or 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.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (No. 1)
This 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 Determination
The Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (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.
The Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (Principal Determination). The Amendment Determination amends the list of Masters courses in Schedule 3 to the Principal Determination by adding new courses, replacing the names of existing courses and removing existing courses.
The Masters courses listed in Schedule 3 are the Masters courses provided by higher education providers 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 under social security law, such as Austudy and Youth Allowance (provided they meet the other eligibility criteria for those payments).
Human rights implications
The Instrument engages the following human rights:
Right to education
The Instrument engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.
By determining that certain Masters courses are “tertiary courses”, which in turn assists people studying those courses to qualify for certain income support payments under social security law, the Amendment Determination may enable students to access education and therefore will be compatible with human rights.
Conclusion
This instrument is compatible with human rights as it may enable students to access education.