Explanatory Statement
Issued by the authority of the Minister for Social Services
Student Assistance Act 1973
Student Assistance (Education Institutions and Courses) Amendment (Masters by Coursework) Determination 2026
Purpose
The Student Assistance (Education Institutions and Courses) Amendment (Masters by Coursework) Determination 2026 (the Amendment Determination) amends the Student Assistance (Education Institutions and Courses) Determination 2019 (the Determination) to update the list of approved Masters courses in the table in Schedule 3. These tertiary course requirements are determined for the purposes of the Student Assistance Act 1973 (the Act) and are relevant to a student’s qualification for student payments.
Background
To qualify for student payments under the Social Security Act 1991, students must be undertaking an approved course of education or study. The Social Security Act 1991 provides that a course is an approved course of education or study if it is a course determined under section 5D of the Act to be a secondary course or a tertiary course for the purposes of the Act (subsection 541B(5) for youth allowance, section 569B for austudy payment and section 1061PC for pensioner education supplement).
Subsection 5D(1) of the Act provides that the Minister may, for the purposes of the Act, determine in writing that:
- a course of study or instruction is a secondary course, or a tertiary course; or
- a part of a course of study or instruction is a part of a secondary course or part of a tertiary course.
The Determination specifies the courses and parts of courses determined by the Minister to be a secondary course or a tertiary course for the purposes of the Act.
The Amendment Determination amends the table in Schedule 3 to the Determination to update the list of approved tertiary Masters level courses by adding new Masters courses, updating the names of some existing Masters courses and removing some existing Masters courses.
Twice a year, the Department of Social Services (the department) invites education institutions to submit applications for their professionally orientated Masters by Coursework programs to be considered for approval for student payments. The amendments made by the Amendment Determination reflect the outcome of the first round of applications considered in 2026. Further information on the assessment process can be found on the department’s website at:
https://www.dss.gov.au/approval-masters-courses-education-providers.
These amendments enable students studying the new approved Masters level courses to qualify for student payments under the social security law, that is, youth allowance (student), austudy payment and pensioner education supplement, provided they meet the other eligibility criteria for those payments.
Amendments to certain Masters course names ensures that courses with amended names continue to be approved courses for student payment purposes. In some cases, former course names have been retained in the Determination to ensure continuing students are not affected by course name changes. Where previous course names are removed from the Determination by the Amendment Determination, education institutions have advised the department that there are no students enrolled under those previous course names.
Masters level courses are removed at the request of the education institution. In these cases, education institutions have advised the department that there are no students enrolled in these courses.
Commencement
The Amendment Determination commences on the day after it is registered on the Federal Register of Legislation.
Authority
The Amendment Determination is made under subsection 5D(1) of the Act. Subsection 5D(3) of the Act provides that a determination under subsection 5D(1) is a legislative instrument.
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. In making the Amendment Determination, the Minister is relying on this subsection in conjunction with the instrument-making power in subsection 5D(1) of the Act.
The Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to disallowance.
Consultation
On 9 February 2026, the department invited education institutions, referred by the Department of Education, to submit their courses for assessment. Where an education institution sought inclusion of their Masters course in the Determination, the department will advise the institution of the outcome of the assessment process.
The department consulted with Services Australia on the text of the Amendment Determination, given the impact on student payment recipients. Services Australia did not have any concerns.
The department did not consult with student payment recipients on the intention to make the Amendment Determination, as it is beneficial to students with more Masters courses being included, and no students adversely affected by courses being amended or removed.
Availability of independent review
Decisions made under the social security law in relation to student payments are generally subject to internal and external merits review under Parts 4 and 4A of the Social Security (Administration) Act 1999 (Administration Act). Such decisions, including whether a person qualifies for a student payment, could be based on the approved courses in the Determination.
If an education institution disagrees with the outcome of their application for approval of a course, they may appeal the decision by writing to the Minister, and provide any additional information to support their appeal. Education institutions may resubmit courses currently undergoing the accreditation process for assessment in a future round, once accreditation has been granted.
Information sharing
Information about a student, such as whether they are enrolled in an approved course, that is collected by an officer for the purposes of youth allowance (student), austudy payment and pensioner education supplement, will have the character of protected information under the social security law.
The Administration Act has protections in place that limit the way in which protected information is handled. Under Division 3 of Part 5 of the Administration Act, a person will be authorised to record, disclose or use protected information, for example, where this is for the purposes of the social security law, with consent or in accordance with a public interest certificate. If the recording, disclosure or use of protected information is not authorised under the Administration Act and the person knows or ought reasonably to know that the information is protected information, the person may commit an offence that is punishable on conviction by imprisonment for a term not exceeding two years.
Explanation of the provisions
Details of the Student Assistance (Education Institutions and Courses) Amendment (Masters by Coursework) Determination 2026
Section 1 – Name
Section 1 states how the instrument is to be cited, that is, as the Student Assistance (Education Institutions and Courses) Amendment (Masters by Coursework) Determination 2026 (the Amendment Determination).
Section 2 – Commencement
Section 2 sets out a table providing for the commencement of the Amendment Determination on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
Section 3 provides that the Amendment Determination is made under subsection 5D(1) of the Student Assistance Act 1973 (the Act).
Section 4 - Schedules
Section 4 provides that each instrument that is specified in a Schedule to the Amendment Determination is amended or repealed as set out in the applicable items in that Schedule, and any other item in a Schedule to the Amendment Determination has effect according to its terms.
Schedule 1 to the Amendment Determination sets out the amendments to the Student Assistance (Education Institutions and Courses) Determination 2019 (the Determination).
Schedule 1 – Amendments
Item 1 removes the reference to “Australian College of Applied Professions (formerly known as Australian College of Applied Psychology)” and inserts “ACAP University College” as the new educational institution name in item 3 of the table in Schedule 3. While this change deviates from the previous alphabetical order of educational institutions in the table, it does not have any other impacts.
Item 2 inserts new table item 3A into the table at Schedule 3, after item 3, and the “Australian College of Christian Studies” as an educational institution.
“Master of Teaching” is inserted against the new table item 3A as an approved course at the Australian College of Christian Studies.
Item 3 inserts “Juris Doctor Online” as a new course at Bond University in item 7 of the table in Schedule 3, after “Juris Doctor”.
Item 4 inserts “Master of Clinical Exercise Physiology” as a new course at Central Queensland University in item 10 of the table in Schedule 3, after “Master of Clinical Chiropractic”.
Item 5 inserts “Master of Architecture” as a new course at Charles Darwin University in item 11 of the table in Schedule 3, after “Doctor of Pharmacy”.
Item 6 inserts new table item 13A into the table in Schedule 3, after table item 13, and the “Crown Institute of Higher Education Pty Ltd” as an educational institution.
“Master of Teaching ((Early Childhood) (Birth to Five))” is inserted against new table item 13A as an approved course at the Crown Institute of Higher Education Pty Ltd.
Item 7 removes “Master of Architecture (Design Management)” as a course at Deakin University in item 15 of the table in Schedule 3.
Item 8 inserts “Master of Occupational Therapy Practice” as a new course at Deakin University in item 15 of the table in Schedule 3, after “Master of Information Technology”.
Item 9 removes “Master of Nursing (Nurse Practitioner)” as a course at La Trobe University in item 29 of the table in Schedule 3.
Item 10 inserts “Master of Teaching Nexus (Primary)” and “Master of Teaching Nexus (Secondary)” as new courses at La Trobe University in item 29 of the table in Schedule 3, after “Master of Speech Pathology”.
Item 11 removes “Master of Professional Accounting and Leadership” as a course at Macquarie University in item 30 of the table in Schedule 3.
Item 12 inserts “Master of Cardiovascular Perfusion (MCP)” as a new course at Monash University in item 34 of the table in Schedule 3, after “Master of Business Information Systems”.
Item 13 removes “Master of Social Work (Qualifying)” as a course at Monash University in item 34 of the table in Schedule 3.
Item 14 removes the reference to “Master of TESOL (Teaching English to Speakers of Other Languages)” as a course at Monash University in item 34 of the table in Schedule 3 and replaces it with the new name for this course “Master of TESOL”.
Item 15 inserts “Master of Professional Psychology” as a new course at Murdoch University in item 37 of the table in Schedule 3, after “Master of Professional Accounting”.
Item 16 removes “Master of Education (Teacher-Librarianship)” as a course at Queensland University of Technology in item 38 of the table in Schedule 3.
Item 17 removes “Master of International Development” as a course at RMIT University in item 39 of the table in Schedule 3.
Item 18 removes “Master of Clinical Exercise Physiology” and “Master of Marine Science and Management” as courses at Southern Cross University in item 40 of the table in Schedule 3, and substitutes “Master of Naturopathic Medicine” as a new course.
Item 19 removes the reference to “Master of Speech Pathology” as a course at the University of Notre Dame in item 52 of the table in Schedule 3 and replaces it with the new name of this course “Master of Speech Pathology (Qualifying)”.
Item 20 inserts “Master of Professional Psychology” as a new course at the University of Western Australia in item 60 of the table in Schedule 3, after “Master of Professional Engineering”.
Item 21 inserts “Master of Autism and Neurodivergent Studies” as a new course at the University of Wollongong in item 61 of the table in Schedule 3, after “Master of Applied Finance (Financial Services and Investing)”.
Item 22 inserts “Master of Project Management” as a new course at Western Sydney University in item 63 of the table in Schedule 3, after “Master of Professional Psychology”.
Item 23 inserts “Master of Teaching (Early Childhood)” as a new course at Western Sydney University in item 63 of the table in Schedule 3, after “Master of Teaching (Birth – 5 years, Birth – 12 years)”.
Item 24 removes the reference to “Master of Teaching Early Childhood and Primary” as a course at Western Sydney University in item 63 of the table in Schedule 3 and replaces it with the new name of this course “Master of Teaching (Early Childhood and Primary)”.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Student Assistance Act 1973
Student Assistance (Education Institutions and Courses) Amendment (Masters by Coursework) Determination 2026
The Student Assistance (Education Institutions and Courses) Amendment (Masters by Coursework) Determination 2026 (the Amendment 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 legislative instrument
The Amendment Determination amends the Student Assistance (Education Institutions and Courses) Determination 2019 (the Determination) to update the list of approved Masters courses in the table in Schedule 3 to the Determination. These tertiary course requirements are determined for the purposes of the Student Assistance Act 1973 (the Act) and are relevant to a student’s qualification for student 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). Article 13 recognises the important personal, societal, economic and intellectual benefits of education. Article 13 also provides that secondary education in all its different forms, including higher education, shall be made generally available and accessible to all by every appropriate means.
By determining that certain Masters courses are approved tertiary courses, which in turn assists people studying those courses to qualify for student payments, the Amendment Determination may enable students to access education and is therefore compatible with human rights.
Right to social security and right to an adequate standard of living
The Amendment Determination engages the right to social security contained in Article 9 of the ICESCR. Article 9 requires that a system be established under domestic law and that public authorities must take responsibility for the effective administration of the system. The social security system must provide a minimum essential level of benefits to all individuals and families that will enable them to cover essential living costs.
Article 11 of the ICESCR recognises the right of everyone to an adequate standard of living including adequate food, water and housing, and to the continuous improvement of living conditions.
Article 4 of the ICESCR provides that countries may limit the right to social security in a way determined by law only in so far as this may be compatible with the nature of the rights contained within the ICESCR and solely for the purpose of promoting the general welfare in a democratic society. Such a limitation must be proportionate to the objective to be achieved.
The Social Security Act 1991 provides access to social security for students through equity measures that provide financial assistance to help meet the costs associated with study. To qualify for student payments, a student must meet specified criteria, including in relation to their course of study, study load and study progress.
A student undertaking a course specified in the Determination may be able to qualify for student payments under the social security law, that is, youth allowance (student), austudy payment and pensioner education supplement, provided they meet the other eligibility criteria for those payments.
By determining that certain Masters courses are approved tertiary courses, which in turn assists people studying those courses to qualify for student payments, the Amendment Determination may enable more students to access social security payments, as well as an adequate standard of living, by being supported to study, and is therefore compatible with human rights.
Conclusion
The Amendment Determination is compatible with human rights as it promotes and supports the right to education, the right to social security and the right to an adequate standard of living. To the extent a human rights obligation is engaged or limited, the impact is for a legitimate objective and is reasonable, necessary and proportionate.
The Hon Tanya Plibersek MP, Minister for Social Services