EXPLANATORY STATEMENT
Issued by the authority of the Minister for Families and Social Services
Student Assistance Act 1973
Student Assistance (Education Institutions and Courses) Amendment Determination 2019
Purpose
The Student Assistance (Education Institutions and Courses) Amendment Determination 2019 (the Amendment Instrument) is made under subsection 5D(1) of the Student Assistance Act 1973 (the Act). Subsection 5D(1) of the Act provides that the Minister may determine secondary and tertiary courses for the purposes of certain student payments under the Act. Subsection 5D(3) provides that a determination under subsection 5D(1) is a legislative instrument.
The Amendment Instrument will amend the Student Assistance (Education Institutions and Courses) Determination 2019 (the Instrument) to add new Masters courses, update the names of existing Masters courses, and remove obsolete Masters courses listed in the table to Schedule 3 of the Instrument. The determination of these courses for the purposes of the Act allows students studying these courses to qualify for student payments under the social security law, subject to the relevant criteria being 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 Instrument 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 Instrument will amend the table in Schedule 3 to the Instrument to update the list of approved Masters courses. This list of approved Masters courses is updated in response to new submissions from higher education providers in the most recent Masters courses assessment round. Further information on the assessment process can be found on the Department of Social Services (the Department) website at https://www.dss.gov.au/our-responsibilities/families-and-children/programs-services/student-payments/approved-institutions-and-courses-for-student-payments.
The Amendment Instrument is beneficial, as it will enable students studying the new Masters courses to be eligible for student payments. Amendments to certain course names will ensure that students, who are currently studying these courses, will continue to be eligible for their student payment in respect of that course. Courses have only been removed where a higher education provider has informed the Department that the course is no longer open to new enrolments and students are no longer enrolled in the course.
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 Instrument commences on the day after it is registered on the Federal Register of Legislation.
Consultation
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 Instrument are available on the Department’s website at: https://www.dss.gov.au/our-responsibilities/families-and-children/benefits-payments/student-payments/guidelines-for-the-approval-of-masters-courses-for-student-payments.
The Department undertook consultations with the higher education providers that sought inclusion of their Masters courses in the Instrument.
Regulation Impact Statement (RIS)
The Amendment Instrument does not require a Regulatory Impact Statement (RIS). It is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact (OBPR ID: 25882).
Explanation of the provisions
Section 1 provides that the name of the Amendment Instrument is the Student Assistance (Education Institutions and Courses) Amendment Determination 2019.
Section 2 provides that the Amendment Instrument commences on the day after this instrument is registered on the Federal Register of Legislation.
Section 3 provides that the Amendment Instrument is made under subsection 5D(1) of the Act.
Section 4 provides that the Student Assistance (Education Institutions and Courses) Determination 2019 is amended as set out in the applicable items in Schedule 1, and any other item in Schedule 1 to this instrument has effect according to its terms.
Schedule 1 to the Amendment Instrument sets out the amendments to the Instrument.
Item 1 repeals the table to Schedule 3 to the Instrument and substitutes a new table.
The table to Schedule 3 to the Instrument prescribes Masters courses for the purposes of paragraph 11(1)(b) of the Instrument.
Paragraph 11(1)(b) of the Instrument provides that for paragraph 5D(1)(a) of the Act, a tertiary course is a full‑time course that is:
- accredited at Masters level; and
- specified in Column 2 of the table in Schedule 3 to this instrument; and
- provided by the education institution specified for that course in Column 1 of that table.
New Masters courses in Schedule 3 to the Instrument
The new table to Schedule 3 to the Instrument provides for the following new Masters courses that were not previously contained in the table:
Higher Education Provider | Course Name |
Australian College of Theology Limited | Master of Missional Leadership |
Australian College of Theology Limited | Master of Theological Studies |
Central Queensland University | Master of Professional Psychology |
Charles Darwin University | Master of Nursing (Nurse Practitioner) |
Charles Darwin University | Master of Social Work |
Charles Darwin University | Master of Teaching |
Charles Sturt University | Master of Pastoral Counselling |
Charles Sturt University | Master of Pastoral Counselling (Clinical) |
Curtin University | Doctor of Physiotherapy |
Curtin University | Master of Social Work (Qualifying) |
Federation University Australia | Master of Primary Teaching |
Federation University Australia | Master of Professional Psychology |
Federation University Australia | Master of Teaching (Early Childhood) |
Griffith University | Juris Doctor |
Griffith University | Master of Teaching English to Speakers of Other Languages |
Macquarie University | Master of Professional Accounting |
Macquarie University | Master of Professional Accounting and Leadership |
Monash University | Doctor of Physiotherapy |
Monash University | Master of Medical Ultrasound |
Murdoch University | Master of Creative Arts Therapies |
Murdoch University | Master of Theological Studies |
Swinburne University of Technology | Master of Physiotherapy |
University of Adelaide | Master of Arts (Interpreting, Translation and Transcultural Communication) |
University of Canberra | Master of Primary Teaching |
University of Canberra | Master of Secondary Teaching |
University of Melbourne | Master of Creative Arts Therapies |
University of Melbourne | Master of Teaching (Primary) |
University of Newcastle | Master of Nurse Practitioner |
University of Notre Dame | Master of Secondary Teaching |
University of Tasmania | Master of Planning |
University of Tasmania | Master of Social Work (Qualifying) R7O |
University of Technology, Sydney | Master of Genetic Counselling |
University of Technology, Sydney | Master of Speech Pathology |
Removal of Masters courses in Schedule 3 to the Instrument
The new table to Schedule 3 to the Instrument omits the Masters courses in the following table that were previously contained in the table to Schedule 3 to the Instrument. These courses have been removed as the higher education providers have advised the department that these courses have been discontinued and students are no longer enrolled in these courses.
Higher Education Provider | Course Name |
Australian Catholic University | Master of Clinical Counselling |
Bond University | Master of Psychology (Forensic) |
Charles Darwin University | Master of Professional Accounting (Professional Practice) |
Deakin University | Master of Nursing Practice (Nurse Practitioner) |
Macquarie University | Master of Accounting |
Swinburne University of Technology | Master of Practicing Accounting |
Swinburne University of Technology | Master of Professional Accounting Global Leadership Program |
University of Newcastle | Master of Mental Health Nursing (Nurse Practitioner) |
University of Newcastle | Master of Nursing (Nurse Practitioner) |
University of Technology, Sydney | Master of Applied Linguistics and TESOL |
Courses that have changed names
The new table to Schedule 3 to the Instrument renames a number of courses. The previous courses that have new names are shown in the following table:
Higher Education Provider | Previous Course Name | New Course Name |
Australian College of Theology Limited | Master of Ministry (Extended) | Master of Ministry |
Charles Darwin University | Master of Professional Accounting (MPA1, MPACC or MPAE) | Master of Professional Accounting |
Deakin University | Master of Applied Learning and Teaching | Master of Applied Learning and Teaching (Secondary) |
Deakin University | Master of International Accounting | Master of International Accounting – ACCA |
RMIT University | Master of International Urban and Environmental Development | Master of International Urban and Environmental Management |
University of Melbourne | Master of Teaching | Master of Teaching (Secondary) |
University of Southern Queensland | Master of Psychology (Clinical) | Master of Clinical Psychology |
University of Wollongong | Master of Work Health and Safety | Master of Occupational Health and Safety |
Senator the Hon Anne Ruston, Minister for Families and Social Services
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Student Assistance (Educational Institutions and Courses) Amendment Determination 2019
The Student Assistance (Education Institutions and Courses) Amendment Determination 2019 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 2019 (the Amendment Instrument) is made under 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 Instrument amends the Student Assistance (Education Institutions and Courses) Determination 2019 (the Instrument). The Instrument 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 Instrument amends the list of Masters courses in Schedule 3 of the Student Assistance (Education Institutions and Courses) Determination 2019 by adding new courses, replacing the names of existing courses and removing courses that are no longer offered.
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 (provided they meet the other eligibility criteria for those payments).
Human rights implications
The Amendment Instrument engages the following human rights:
Right to Education
The Amendment Instrument 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 Instrument may enable students to access education and therefore will be compatible with human rights.
Right to Social Security
The Amendment Instrument engages the right to social security contained in Article 9 of the ICESCR. A student undertaking courses specified in Schedule 3 may be able 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).
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 Instrument may enable more students to access social security payments and therefore is compatible with human rights.
Conclusion
The Amendment Instrument is compatible with human rights as it enables students to access education and social security payments.
Senator the Hon Anne Ruston, Minister for Families and Social Services