Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (No. 1)

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2012L02588 Not in force Legislative Instrument

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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.

Overview

The Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (No. 1) was enacted to amend the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2), addressing the need to update the list of eligible Masters courses for the purposes of student income support payments. This determination is made under subsection 5D(1) of the Student Assistance Act 1973, and as a disallowable instrument, it is subject to the provisions of the Acts Interpretation Act 1901. The Amendment Determination modifies the list of Masters courses in Schedule 3 of the Principal Determination by adding new courses, altering the names of existing courses, and removing certain courses from the list. These changes are intended to ensure that students enrolled in specified Masters courses are eligible for income support payments such as Austudy and Youth Allowance, provided they meet other eligibility criteria. This amendment was developed in consultation with relevant departments, including the Department of Industry, Innovation, Science, Research and Tertiary Education, the Department of Education, Employment and Workplace Relations, and the Department of Families, Housing, Community Services and Indigenous Affairs. The determination process involved inviting higher education providers to apply for the inclusion of their courses, with guidelines available on the Department’s website. The Amendment Determination is not considered regulatory in nature and does not require a Regulatory Impact Statement or a Business Cost Calculator, as it has minimal compliance costs or competition impact. The determination is also compatible with human rights, particularly the right to education as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights, by facilitating access to education through financial support.

Scope and Application

The Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (No. 1) is a regulatory instrument made under the Student Assistance Act 1973, specifically pursuant to subsection 5D(1) of the Act. This Amendment Determination modifies the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) by updating the list of Masters courses deemed as “tertiary courses” in Schedule 3 of the principal determination. These courses, offered by various higher education providers, are recognised as tertiary courses under the Act, thereby allowing students enrolled in these courses to potentially qualify for certain income support payments, such as Austudy and Youth Allowance, provided they meet other eligibility criteria under social security law. The Amendment Determination adds new courses to the list, modifies the names of certain existing courses, and removes courses from the list based on the education provider’s request. This instrument applies nationally and impacts all higher education providers whose courses are listed in the amended schedule, facilitating their students' access to specified social security benefits. The Amendment Determination does not require a Regulatory Impact Statement or a Business Cost Calculator Figure, as it is not considered regulatory in nature and is unlikely to have significant compliance costs or competition impacts.

Key Provisions

The Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (No. 1) (Amendment Determination) (section 1) amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (Principal Determination) by modifying the list of Masters courses in Schedule 3. This is achieved by repealing the existing Schedule 3 and substituting it with a new Schedule 3 (section 3, Item 1). The new Schedule 3 adds 35 new Masters courses, removes three courses that were previously listed, and changes the names of four existing courses (section 3, Item 1). These changes determine which Masters courses are recognised as “tertiary courses” under the Student Assistance Act 1973 (the Act) (section 3, Item 1). The Amendment Determination imposes obligations on higher education providers to ensure their Masters courses are included in the updated Schedule 3 if they wish to be recognised as “tertiary courses” for the purposes of the Act. This involves meeting the criteria set by the Department of Industry, Innovation, Science, Research and Tertiary Education (the Department) and potentially applying for the inclusion of their courses (section 3, Item 1). The Amendment Determination also requires the Department to consult with higher education providers to facilitate the updating of the list of recognised courses (section 3, Item 1). There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Determination itself. However, the determination of certain courses as “tertiary courses” allows eligible students to qualify for income support payments under social security law, such as Austudy payment and Youth Allowance (section 3, Item 1). Non-compliance with the criteria for inclusion in the Schedule 3 may indirectly affect a student's eligibility for these payments, but the Amendment Determination does not prescribe penalties for non-compliance in this regard. The Regulatory Impact Analysis indicates that the Amendment Determination does not require a Regulatory Impact Statement or a Business Cost Calculator Figure, and it is not regulatory in nature, with minimal compliance costs or competition impact (section 3, Item 1).

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