Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 2)

Administered by Department of Social Services

Legislation au F2017L00994 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 2)

 

General outline

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (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 inserts a new reference to the Master of Clinical Psychology offered by RMIT University as a course type eligible for student payments, including youth allowance (student), austudy payment and the pensioner education supplement (provided that other qualification criteria for those payments are met).

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.

Commencement

The Amendment Determination commences on 1 May 2017.

Consultation

The Department has consulted with the Department of Human Services on the drafting of this instrument and with RMIT University regarding the course details.

 

 

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 provides that the name of the Amendment Determination is the Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 2).

Section 2 provides that the Amendment Determination commences on 1 May 2017.

As the Amendment Determination is beneficial in operation, the Legislation Act 2003 does not prevent retrospective commencement.

The instrument will be repealed on the day after its commencement by section 48A of the Legislation Act 2003, as the only effect of the instrument is to amend another legislative instrument.

Section 3 provides that Schedule 1 amends the Principal Determination.

Subsection 33(3) of the Acts Interpretation Act 1901 relevantly provides that where an Act confers a power to make any instrument of a legislative character, 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.

Schedule 1 to the Amendment Determination sets out the amendment to the Principal Determination.

Item [1] inserts “Master of Clinical Psychology” after “Master of Clinical Chiropractic” in column 2, in the cell of the table item dealing with RMIT University. This amendment is necessary to include the Master of Clinical Psychology offered by RMIT University as a tertiary course for the purpose of the Act.


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. 2)

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (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 2017 (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 including the Master of Clinical Psychology offered by RMIT University.

The 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  (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 the Master of Clinical Psychology offered by RMIT University is a tertiary course, which in turn assists people studying that course to qualify for certain student payments, the Amendment Determination may enable more 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 and the pensioner education supplement (provided they meet the other eligibility criteria for those payments).

By determining that the Master of Clinical Psychology offered by RMIT University is a tertiary course, which in turn assists people studying that course to qualify for certain student payments, the Amendment Determination may enable more students to access social security payments and therefore will be compatible with human rights.

Conclusion

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

Overview

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 2) was enacted to address the need for updating the list of courses eligible for student payments under the Student Assistance Act 1973. This legislation amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2), specifically adding the Master of Clinical Psychology offered by RMIT University to the list of courses eligible for student payments. This amendment was made under the authority granted by subsection 5D(1) of the Act, which allows the Minister to determine courses that qualify for student assistance. The purpose of this determination is to ensure that students enrolled in eligible courses can access financial support, such as youth allowance, austudy payment, and the pensioner education supplement, provided they meet other eligibility criteria. The determination was made by the Parliament of Australia and aims to facilitate access to education and social security for students in tertiary courses.

Scope and Application

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 2) amends the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2), primarily by incorporating the Master of Clinical Psychology offered by RMIT University as a tertiary course eligible for student payments, including youth allowance, austudy payment, and the pensioner education supplement, provided other eligibility criteria are met. This determination applies to students enrolled in this specific course at RMIT University. The Amendment Determination is made under the authority of subsection 5D(1) of the Student Assistance Act 1973 and has a commencement date of 1 May 2017. This instrument does not have a regulatory impact and is not intended to impose compliance costs or competition impacts on businesses. The Amendment Determination is compatible with human rights, particularly the right to education and social security as outlined in the International Covenant on Economic, Social and Cultural Rights, by allowing eligible students to access education and related financial support.

Key Provisions

The Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 2) amends the existing legislation by including the Master of Clinical Psychology offered by RMIT University as an eligible course for student payments. This means that students enrolled in this course can now apply for payments such as youth allowance, austudy payment, and the pensioner education supplement, provided they meet the other eligibility criteria for these payments. This amendment is implemented through the insertion of a new entry in Schedule 3 of the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2), reflecting the determination of the Master of Clinical Psychology as a tertiary course for the purposes of the Student Assistance Act 1973. This amendment ensures that students pursuing this course are now eligible for the specified student payments, thereby potentially increasing their access to financial support while pursuing their education. The Amendment Determination imposes several obligations on the relevant parties. For RMIT University, the primary obligation is to ensure that the Master of Clinical Psychology meets the educational standards and criteria set by the Act. This includes maintaining the quality of education and adhering to the course requirements to qualify for the listed student payments. For students, the obligations include meeting the eligibility criteria for the student payments, such as being enrolled in the Master of Clinical Psychology course at RMIT University and fulfilling any additional conditions required by the social security law. The Department of Education and Training, which administers the student assistance payments, must also ensure that the payments are correctly processed for students enrolled in the newly eligible course. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this Amendment Determination. However, any non-compliance with the conditions set by the Student Assistance Act 1973 or the terms of student payments could result in penalties as per the existing provisions of the Act. For instance, fraudulent claims for student payments could lead to fines, imprisonment, or both, as stipulated under the relevant social security laws. It is essential for all parties to adhere to the regulations and criteria to avoid any adverse consequences.

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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.