Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2)

Administered by Department of Social Services

Legislation au F2014L01733 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2)

 

General outline

The Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2) (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 legislative instrument.

The Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (the Principal Determination).  The Amendment Determination makes technical amendments to the Principal Determination, particularly clarifying course types eligible for student payments, including youth allowance, austudy payment and pensioner education supplement (provided they meet the other qualification criteria for those payments).

Background

Subsection 5D(1) of the Act provides that the Minister may, for the purposes of the Act, determine in writing that:

(a)   a course of study or instruction is a secondary course, or a tertiary course; or

(b)   a part of a course of study or instruction is a part of a secondary course or part of a tertiary course.

The Principal Determination broadly outlines the institutions and courses for the purpose of subsections 3(1) and 5D(1) of the Act, specifying multiple levels of study at higher education institutions and registered training organisations.  The determination of these courses for the purposes of the Act allows for students studying these courses to be eligible to receive student payments (youth allowance, austudy payment and pensioner education supplement), subject to other relevant criteria being met.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.  

Commencement

The Amendment Determination commences on the day after it is registered.

Consultation

The Department of Social Services (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.  Guidelines for the approval of Masters courses for inclusion in the Principal Determination are available on the Department’s web site at:

https://www.dss.gov.au/our-responsibilities/families-and-children/programs-services/student-payments/approved-institutions-and-courses-for-student-payments

The Department undertook consultations with the higher education providers that sought inclusion of their Masters courses in the Amendment Determination.

Regulation Impact Statement

The Amendment Determination does not require a Regulatory Impact Statement.  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.

Explanation of the provisions

Section 1

This section provides that the name of the Determination is the Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2).

Section 2  

This section provides that the Amendment Determination commences on the day after it is registered.

Section 3

This section repeals Schedule 3 to the Principal Determination and substitutes a new Schedule 3.

Paragraph 10(1)(b) of the Principal Determination provides that for paragraph 5D(1)(a) of the Act, a tertiary course is a full-time course that is:

(i)                 accredited at Masters level; and

(ii)               specified in Column 2 of the table in Schedule 3 to the Principal Determination; and

(iii)            provided by the education institution specified for that course in Column 1 of that table.

New Masters courses in Schedule 3 to the Principal Determination

New Schedule 3 to the Principal Determination provides for the following new and renamed Masters courses that were not previously contained in that Schedule: 

 

Education Institution

Course

Australian National University

Master of Forestry (Advanced)

Edith Cowan University

Master of Finance and Banking

Master of Screen Studies

Carnegie Mellon University Australia

Master of Science in Information Technology (MSIT)

Master of Science in Public Policy and Management (MSPPM)

Central Queensland University

Master of Clinical Chiropractic

Charles Sturt University

Master of Inclusive Education

Curtin University of Technology

Master of Commerce (Professional Accounting)

Master of Dietetics

Deakin University

Juris Doctor

Griffith University

Master of Human Services

Master of Teaching Primary

Master of Rehabilitation Counselling

Master of Special Needs and Intervention Education

Holmesglen Institute of TAFE

Master of Professional Accounting

La Trobe University

Master of Clinical Audiology

Master of Financial Analysis and Master of Business Administration

Master of Financial Analysis and Master of International Business

Master of Financial Analysis and Master of Professional Accounting

Master of Teaching (Primary)

Master of Teaching (Secondary)

Monash University

Master of Information Technology (3348)

Master of Occupational Therapy Practice

Master of Teaching Specialising in Early Years Education

Master of Teaching Specialising in Primary Education

Master of Teaching Specialising in Secondary Education

Morling College

Master of Teaching (Secondary)

Murdoch University

Master of Development Studies

Master of Protected Area Management

Master of Teaching (Primary)

Navitas Professional Institute Pty Ltd

Master of Counselling and Psychotherapy

Master of Social Work (Qualifying)

Perth Bible College

Master of Theological Ministry

Queensland University of Technology

Master of Information Science (Information Management)

Master of Information Science (Library and Information Practice)

RMIT University

Master of Engineering (International Automotive Engineering) 

Master of Engineering (Manufacturing)

Master of Teaching Practice (Primary Education)

Master of Teaching Practice (Secondary Education)

Southern Cross University

Master of Forest Science and Management

Swinburne University of Technology

Master of Information Technology

Tabor Adelaide

Master of Teaching (Primary)

Master of Teaching (Secondary)

University of Melbourne

Master of Teaching (Early Childhood)

Master of Food and Packaging Innovation

University of New England

Master of Nursing Practice

University of New South Wales

Master of Interpreting

Master of Translation

Master of Translation and Interpreting

University of Queensland

Doctor of Medicine (MD)

Masters of Animal Science

Master of Bioinformatics

Master of Educational Studies

Master of Arts in Chinese Translation and Interpreting (advanced)

University of Sydney

Doctor of Veterinary Medicine

Master of Clinical Psychology

University of Technology, Sydney

Master of Clinical Psychology

Master of Orthoptics

Master of Teaching in Secondary Education

University of the Sunshine Coast

Master of Professional Psychology

University of Western Australia

Master of Clinical Pathology

Master of Landscape Architecture

University of Wollongong

Master of Applied Finance

Master of Business

Master of Business (Financial Management)

Master of Information Technology

Master of Nutrition and Dietetics

Master of Work, Health and Safety

Victoria University

Master of Teaching (Primary)

Master of Teaching (Secondary)

Where a course has been renamed, the previously named course has been retained in the Schedule.  This will ensure that a person who commenced studying the previously named course continues to be undertaking a tertiary course for the purpose of the Act.

Removal of Masters courses in Schedule 3 to the Principal Determination

New Schedule 3 to the Principal Determination omits the Masters courses in the following table that were previously contained in Schedule 3 to the Principal Determination.  These courses have been removed as students are no longer enrolled in them.

        

Education Institution

Course

Australian Catholic University

Master of Accounting

Master of Business Administration (Accounting)

Master of Counselling

Griffith University

Master of Adult and Vocational Education

La Trobe University

Master of Teaching (Mathematics Education)

Master of Tourism

RMIT University

Master of Computing

Swinburne University of Technology

Master of Accounting

University of Notre Dame

Master of Teaching (K-7),
Broome Campus

University of New South Wales

Chinese-English Translation and Interpreting

 

Other amendments to Schedule 3 to the Principal Determination

New Schedule 3 renames the Melbourne College of Divinity as the University of Divinity to accurately reflect the current title of that institution.  The reference to the Federation University of Australia being a merged institution between the University of Ballarat and the Gippsland campus of Monash University has been removed as that reference is no longer necessary.

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 2014 (No. 2)

 

The Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2) 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 Legislative Instrument

The Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2) (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 legislative instrument.

Subsection 5D(1) of the Act provides that the Minister may, for the purposes of the Act, determine in writing that:

(a)   a course of study or instruction is a secondary course, or a tertiary course; or

(b)   a part of a course of study or instruction is a part of a secondary course or part of a tertiary course.

The Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (Principal Determination).  The Principal Determination broadly outlines the institutions and courses for the purpose of subsections 3(1) and 5D(1) of the Act, specifying multiple levels of study at higher education institutions and registered training organisations.  

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.  Courses have been removed only where there are no longer any students enrolled in those 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 payment and youth allowance (provided they meet the other eligibility criteria for those payments).

Human rights implications

The Amendment Determination engages the following human rights:

Right to Education

The Amendment Determination engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

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.

Right to Social Security

 

The Amendment Determination engages the right to social security contained in Article 9 of the ICESCR.  A student undertaking courses specified in Schedule 3 may qualify for certain income support payments under social security law, such as austudy payment and youth allowance (provided they meet the other eligibility criteria for those payments).

 

Conclusion

The Amendment Determination is compatible with human rights as it enables students to access education and social security payments.

 

Minister for Social Services, the Hon Kevin Andrews MP

Overview

The Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2) was enacted to address the need for updating the list of eligible courses for student assistance payments under the Student Assistance Act 1973. This amendment was made by the Minister for Social Services under the authority granted by the Act and is intended to ensure that students enrolled in specific Masters courses are eligible for student payments, including youth allowance, austudy payment, and pensioner education supplement, provided they meet the other eligibility criteria. The Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2009 by updating the list of Masters courses in Schedule 3, adding new courses, renaming existing ones, and removing courses no longer offered. These technical amendments aim to clarify which courses are eligible for student assistance payments, thereby ensuring that the provisions of the Act are accurately reflected and that students in the specified courses can access the necessary financial support.

Scope and Application

The Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2) is a legislative instrument made under the Student Assistance Act 1973, aimed at amending the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2). The Amendment Determination applies to students studying courses at higher education institutions that are recognised as “tertiary courses” for the purposes of the Act, thereby making them eligible for student payments such as youth allowance, austudy payment, and pensioner education supplement, subject to meeting other eligibility criteria. The Amendment Determination specifies which courses are recognised as tertiary courses by amending Schedule 3 of the Principal Determination to include new Masters courses, rename existing courses, and remove courses where there are no longer any students enrolled. The Amendment Determination applies on a national level in Australia and is applicable to students undertaking eligible courses at the specified higher education institutions. There are no stated exclusions, exemptions, or thresholds in the Amendment Determination. The application of the Amendment Determination may be extended or restricted through subordinate instruments as deemed necessary by the Minister for Social Services under the provisions of the Student Assistance Act 1973.

Key Provisions

The Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2) (Amendment Determination) amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (Principal Determination), primarily by updating Schedule 3 to specify which Masters courses are eligible for student payments (sections 1 and 3). This includes adding new courses, renaming existing ones, and removing courses where there are no longer any students enrolled. For instance, new courses such as Master of Finance and Banking at Edith Cowan University and Master of Science in Information Technology at Carnegie Mellon University Australia have been added. Similarly, certain courses have been removed if there are no current enrolments, such as the Master of Accounting at Australian Catholic University. The determination of these courses as "tertiary courses" under the Student Assistance Act 1973 enables students studying these courses to qualify for income support payments like austudy payment and youth allowance, provided they meet other eligibility criteria. The Amendment Determination imposes obligations on higher education providers and students to ensure that the courses listed in Schedule 3 are accurately represented and that any changes in course names or availability are promptly updated. Higher education providers must apply for the inclusion of their Masters courses if they wish to be considered for eligibility under the Act. The Department of Social Services provides guidelines for this process on its website. Students must ensure they are enrolled in courses that are listed in the updated Schedule 3 to be eligible for the specified income support payments. There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Determination itself. However, the eligibility for student payments under the Student Assistance Act 1973 is contingent on meeting the criteria set out in the Act and the regulations. Failure to meet these criteria or providing false information could lead to disqualification from receiving student payments and potential legal consequences under the social security laws. The maximum penalties for providing false information or engaging in fraudulent activities under the social security laws can be significant, including fines and imprisonment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.