Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 1)

Administered by Department of Social Services

Legislation au F2017L00245 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 1)

 

General outline

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (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 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 (student), austudy payment, the pensioner education supplement and ABSTUDY (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, 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 on the Federal Register of Legislation.

Consultation

The Department of Social Services (the Department) notified higher education providers that it was accepting applications to include 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: www.dss.gov.au/masters.

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 2017 (No.1).

Section 2  

This section provides that the Amendment Determination commences on the day after it is registered on the Federal Register of Legislation.

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.

Paragraph 10(2) provides that without limiting subsection 10(1), a course that meets the requirements of paragraphs 10(1)(a) and (b) and is not a full-time course is a tertiary course for the purposes of paragraph 1061PC of the Social Security Act 1991.


New Masters courses in Schedule 3 to the Principal Determination

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

 

Education Institution

Course

Bond University

Master of Occupational Therapy

Cairnmillar Institute School of Counselling and Psychotherapy

Master of Professional Psychology

Deakin University

Master of Accounting and International Finance

Master of International Accounting

Edith Cowan University

Master of Nursing (Graduate Entry)

King’s Own Institute

Master of Accounting

Master of Professional Accounting

La Trobe University

Master of Professional Accounting (Business Analytics)

Master of Professional Accounting (Information Systems Management)

Murdoch University

Doctor of Veterinary Medicine

Queensland University of Technology

Master of Nurse Practitioner

Master of Teaching (Secondary)

University of Adelaide

Master of Teaching

University of New England

Doctor of Medicine

University of Newcastle

Doctor of Medicine

University of Technology, Sydney

Master of Physiotherapy

University of Wollongong

Doctor of Medicine

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

Bond University

Master of Property Valuation

Curtin University

Master of Commerce (Information Systems and Technology Major)

Master of Information Technology

Master of Logistics

James Cook University

Master of Applied Science (Tropical Urban and Regional Planning)

Master of Information Technology (Extended)

Murdoch University

Master of Pharmacy

University of Canberra

Master of Business Administration in Strategic Procurement

University of South Australia

Master of Business Information Systems

Master of Psychology (Work and Organisational)

University of Southern Queensland

Master of Informational Technology (Professional) (MITP)

Master of Informational Technology (Professional) (MT16)

University of the Sunshine Coast

Master of Mental Health Nursing

 

Courses that have changed names

New Schedule 3 renames a number of courses.  The old courses that have new course names are shown in the following table:

Education Institution

Old course name

New course name

Charles Sturt University

Master of Clinical Exercise Physiology (Rehabilitation)

Master of Clinical Exercise Physiology

 

Master of Information Technology

Master of Information Technology (with Specialisations)

 

Master of Teaching (Primary)

Master of Teaching (Primary)

 

Master of Teaching English as a Second or Other Language (TESOL)

Master of Teaching English to Speakers of Other Languages

La Trobe University

Master of Marketing Management

Master of Marketing

Murdoch University

Master of International Affairs

Master of International Affairs and Security

Queensland University of Technology

Master of Social Work

Master of Social Work (Qualifying)

RMIT University

Master of Applied Science (Geospatial Information)

Master of Geospatial Science

University of Melbourne

Master of Science (Geography)

Master of Geography

University of Notre Dame

Master of Teaching (Primary)

Master of Teaching (Primary Education)

University of South Australia

Master of Information Communication and Technology Management (Enterprise Systems)

Master of Information Technology (Enterprise Management)

Victoria University

Master of Psychology (Clinical Psychology)

Master of Applied Psychology (Clinical Psychology)

 

Master of Teaching (Primary)

Master of Teaching (Primary Education)

 

Master of Teaching (Secondary)

Master of Teaching (Secondary Education)

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.

Charles Sturt University’s Master of Teaching (Primary) is being reinstated after the course was removed from the Determination in error in 2015.

 


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 2017 (No. 1)

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 1) 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 2017 (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 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 student payments under social security law, such as youth allowance, austudy payment and the pensioner education supplement and also ABSTUDY (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 student payments, 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 student payments under social security law, such as youth allowance, austudy payment, the pensioner education supplement and also ABSTUDY  (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 Christian Porter MP

 

Overview

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 1) was enacted to amend the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2), which outlines the institutions and courses eligible for student payments under the Student Assistance Act 1973. The primary objective of this Amendment Determination is to clarify and update the list of eligible courses, particularly those at the Masters level, thereby ensuring that students studying these courses remain eligible for payments such as the youth allowance, austudy payment, pensioner education supplement, and ABSTUDY, provided they meet other eligibility criteria. The Amendment Determination was made under the authority granted by subsection 5D(1) of the Act and is a legislative instrument as per subsection 5D(3). It was introduced to address gaps in the previous determination by adding new courses, renaming existing courses, and removing courses where no students were enrolled, thereby maintaining the integrity and relevance of the list of eligible courses. This amendment was made by the Minister for Social Services and commenced on the day after it was registered on the Federal Register of Legislation. The Amendment Determination ensures that the courses listed in Schedule 3 are correctly identified as "tertiary courses" for the purposes of the Act, facilitating access to education and social security payments for eligible students. By refining the eligibility criteria for these payments, the Amendment Determination aims to support students in their academic pursuits while ensuring that the social security system accurately targets those in need. The compatibility of this Amendment Determination with human rights, particularly the right to education and social security as enshrined in the International Covenant on Economic, Social and Cultural Rights, is affirmed, as it enables students to access both education and financial support.

Scope and Application

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 1) amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) by making technical changes to clarify course types eligible for student payments, such as the youth allowance, austudy payment, pensioner education supplement and ABSTUDY, provided they meet other eligibility criteria. This amendment applies to students enrolled in courses specified in Schedule 3 of the Principal Determination. The amendment affects educational institutions and students who are enrolled in or wish to enroll in eligible Masters courses, impacting their eligibility for financial assistance under the Act. The Amendment Determination has a national reach, as it is made under the Commonwealth Student Assistance Act 1973. There are no stated exclusions, exemptions, or thresholds specified in the Amendment Determination itself, but it is subject to the criteria set out in the Act and the Social Security Act 1991. The determination is compatible with human rights, particularly the right to education and social security, as it facilitates students' access to education and financial support.

Key Provisions

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 1) (the Amendment Determination) primarily involves amendments to the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) (Principal Determination). This Amendment Determination modifies Schedule 3 to the Principal Determination, specifically clarifying the eligibility of certain courses for student payments under the Social Security Act 1991. These payments include youth allowance, austudy payment, the pensioner education supplement, and ABSTUDY, provided other eligibility criteria are met. The main changes include the addition of new Masters courses, the renaming of some courses, and the removal of courses where no students are enrolled (sections 1 and 3). The Amendment Determination imposes obligations on the relevant parties, primarily higher education institutions and students. Higher education institutions must ensure that the courses they offer are correctly classified as either secondary or tertiary courses for the purposes of the Student Assistance Act 1973. This classification is crucial as it determines the eligibility of students for various student payments. Students, on the other hand, must ensure they are enrolled in courses that are recognised as "tertiary courses" under the Act to qualify for the associated payments. The Department of Social Services has the responsibility to review and approve the inclusion of new courses in the Principal Determination based on applications from higher education institutions. Breaching the requirements set out in the Amendment Determination may have legal consequences, although the specific penalties are not detailed in the legislation. Generally, any failure to comply with the terms of the Act or the Determination could result in penalties under the relevant Acts, such as fines or other sanctions. For example, providing false information to qualify for student payments could result in civil or criminal penalties under the Social Security Act 1991. The maximum penalties for such breaches could include substantial fines and, in severe cases, imprisonment. The Amendment Determination is designed to ensure that only eligible courses are recognised for the purposes of student payments, thereby preventing abuse of the system and ensuring that resources are directed towards genuinely eligible students. By specifying which courses are eligible, the Determination helps maintain the integrity of the student assistance program and ensures that students who meet the criteria can access the support they need. The compatibility of the Amendment Determination with human rights is affirmed, as it supports the right to education and social security by facilitating access to financial support for eligible students.

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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.