Student Assistance (Education Institutions and Courses) Determination 2008 (No. 1)

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2008L04305 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Student Assistance (Education Institutions and Courses)
Determination 2008 (No. 1)

 

Summary

 

The Student Assistance (Education Institution and Courses) Determination 2008 (No.1) (‘the Determination’) is made by the Minister for Education under subsections 3(1) and 5D(1) of the Student Assistance Act 1973 (‘the Act’). The Determination determines, for the purposes of the Act, what is to be regarded as a:

 

  • Higher education institution;
  • Secondary school;
  • Technical and further education institution; and
  • Other educational institution.

 

These terms are defined for the purposes of the definition of education institution in subsection 3(1) which includes the above four kinds of educational institutions.

 

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.  Sections 9 and 10 of the Determination provide that each course identified in Schedule 1 is a secondary course and each course identified in Schedule 2 and Schedule 3 is a tertiary course for the purposes of the Act.

 

The original purpose of determinations under subsections 3(1) and 5D(1) of the Act was to determine the education institutions and courses for which a student may be eligible for financial assistance under the Act.  From 1998 most income support payments for students were moved from the Act to the Social Security Act 1991.  However, the determination of education institutions and courses attended, for establishing eligibility for these payments, continued under the Act.

 

Apart from social security payments to full‑time students, eligibility for ABSTUDY and the Assistance for Isolated Children (AIC) schemes require attendance at education institutions and enrolment in courses determined under the Act.

 

See also “Other Legislation affected by the Determination”, below.

 

The Determination retains the broad coverage of education institutions and courses provided by the repealed Determination No. 2007/1 – Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973 as amended by Amendment No 1 to Determination No 2007/1 – Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973.

 

The major change to the Determination is the inclusion of additional courses in Schedule 3, which lists approved Masters by coursework programs to provide eligibility for income support payments to full-time students on youth allowance and Austudy. The inclusion of additional courses to Schedule 3 is a result of the Department’s invitation to higher education sector providers to submit additional courses for approval by the Minister for Education for the second round of approvals for masters courses. The Minister has regard to the Guidelines for the approval of Masters Courses for Student Income Support Payments 2008 in assessing applications for approval of courses from the higher education sector providers. These Guidelines can been found at the following link:

 

www.dest.gov.au/sectors/career_development/programmes_funding/programme_categories/student_income_support/default.htm

 

In addition, the format of the instrument has been changed to reflect current legislative drafting style.  The definition of course of combined study and the description of accredited undergraduate and postgraduate higher education courses in Schedule 2 have been amended to clarify their scope.  These are further described in the “Explanation of Provisions”, below.

 

Other Legislation affected by the Determination

 

The Social Security Act 1991 provides that for students to qualify for youth allowance, Austudy  or the pensioner education supplement (PES), a person must be enrolled in and undertaking study at an education institution and in a course determined by the Minister under the Student Assistance Act 1973.

 

The A New Tax System (Goods and Services Tax) Act 1999 (‘the GST Act’) provides that a supply that is the assessment or issue of qualifications for the purposes prescribed in subsection 38.110(1) of that Act is GST-free where it is carried out by, among other things, an education institution as defined in subsection 3(1) of the Student Assistance Act 1973.

 

Explanation of Provisions

 

Section 1 provides the name of the Determination is Student Assistance (Education Institutions and Courses) Determination 2008 (No. 1).

 

Section 2 states that the determination commences on the day after it is registered.

 

Section 3 revokes Determination No. 2007/1 – Determination of Education Institutions and Courses under subsections 3(1) and 5D(1), including any amendments made to that instrument, for example, the Amendment No 1 to Determination No 2007/1 – Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973.

 

Section 4 provides definitions for the purposes of the Determination and of particular note:

 

AQF means the Australian Qualifications Framework guidelines. More information about the AQF can be found at www.aqf.edu.au.

 

AQTF means the Australian Quality Training Framework. The AQTF was revised in 2007 to improve the quality of training and assessment in the VET sector. More information about the AQTF can be found at www.training.com.au/aqtf2007.

 

Australian Apprenticeships Access Programme means the program of that name funded by the Department of Education, Employment and Workplace Relations under the Australian Apprenticeships Access Programme.

 

course of combined studies means a vocational education and training course consisting of modules from two or more separate vocational education and training programs. The combined course itself must lead to an award of an AQF qualification or Statement of Attainment. The Australian Qualifications Framework identifies in the AQF Implementation Handbook at paragraph 3.1 three sectors responsible for the issue of qualifications. A Statement of Attainment is issued by a Registered Training Organisation when an individual has completed one or more units of competency from nationally recognised qualification/s or course/s. More information on courses of combined study can be found at www.aqf.edu.au/pdf/handbook07.pdf.

 

Section 5 determines what is to be regarded as a higher education institution for the purposes of the Act. An institution determined to be a higher education institution in the determination is also to be considered an education institution for the purposes of the Act, see paragraph (a) of the definition of education institution in the Act.

 

Section 6 determines what is to be regarded as a secondary school for the purposes of the Act. An institution determined to be a secondary school in the determination is also to be considered an education institution for the purposes of the Act, see paragraph (c) of the definition of education institution in the Act.

 

Section 7 determines what is to be regarded as a technical and further education institution for the purposes of the Act. An institution determined to be a technical and further education institution in the determination is also to be considered an education institution for the purposes of the Act, see paragraph (b) of the definition of education institution in the Act.

 

Section 8 provides that special schools are to be regarded as education institutions for the purposes of the Act, see paragraph (d) of the definition of education institution in the Act.

 

Section 9 provides that for paragraph 5D(1)(a) of the Act, a secondary course is a course:

  • specified in Column 1 of Schedule 1 to the Determination provided by an education institution specified for that course in Column 2 of Schedule 1; or
  • that is provided by a secondary school, registered training organisation or a higher education institution that leads to an accredited secondary course qualification which involves:
    • accredited secondary course subjects; and
    • accredited vocational education and training course subjects.

 

This provision includes those courses that are school‑based but where a technical subject might be provided through a registered training organisation, commonly referred to as VET‑in‑schools.

 

Subsection 10(1) provides for paragraph 5D(1)(a) of the Act, a tertiary course is a course specified in Column 1 of Schedule 2 to the Determination provided by an education institution specified for that course in Column 2 of Schedule 2.

 

Subsection 10(2) provides that, despite subsection (1), no course accredited at Masters or Doctorate level offered by a higher education institution is a tertiary course, whether it forms a part or the whole of an integrated undergraduate or postgraduate course, unless the course is expressly specified in Schedule 3 to the Determination.

 

This means that where a person undertakes an integrated undergraduate or postgraduate course that leads to that person receiving both a tertiary qualification other than a Masters degree or PhD and a Masters qualification, that Masters qualification is not considered a tertiary course for the purposes of the Act. The exception to this is where the Masters component of the integrated undergraduate or postgraduate course is a Masters course specified in Schedule 3 to the Determination.

 

This provision aims to exclude courses which provide a Masters level qualification unless these are explicitly specified in Schedule 3 to the Determination. 

 

Some educational institutions structure their programmes with multiple entry and exit points, e.g. diploma, Bachelor degree, graduate Certificate, graduate Diploma, graduate entry Bachelor degree, or Masters.  If these courses are approved under the Determination, a student is eligible to receive income support.  However, at the point where the course leads to an outcome that is not approved under the Determination, the student ceases to be eligible for income support payments.  For example, if they are enrolled in a Graduate Certificate or Graduate Diploma that is structured so that it may lead to either of these qualifications or to a Masters qualification, the student is eligible for payment while undertaking the Graduate Certificate or Graduate Diploma component of the course but they cease to be eligible for further income support once they commence the Masters component of the course.  That is, at the point where the Masters qualification is the only outcome arising from continuation with the course of study, the student ceases to be entitled to income support payments.   The exception to this rule is where the Masters component itself is a Masters course specified in Schedule 3 to the Determination.

 

Schedule 2

 

Graduate entry Bachelor degrees are offered by a few higher education institutions under the name of “Postgraduate Bachelor Degrees” and require entrants to have already graduated. 

 

Regulatory Impact Statement and Consultation

 

This determination does not require a Regulatory Impact Statement (RIS) nor a Business Cost Calculator Figure.  The determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.  It is not expected that any compliance costs will be incurred by business as a result of this exemption. The determination is beneficial and has no impact on business and therefore public consultation was therefore seen as unnecessary.

 

Overview

The Student Assistance (Education Institutions and Courses) Determination 2008 (No. 1) was enacted by the Minister for Education under subsections 3(1) and 5D(1) of the Student Assistance Act 1973. This legislative instrument aims to address the need for clarity in defining educational institutions and courses eligible for student financial assistance under the Act, especially in light of the transfer of most income support payments from the Act to the Social Security Act 1991 in 1998. The determination specifies what constitutes a higher education institution, secondary school, technical and further education institution, and other educational institutions for the purposes of the Act. It also delineates between secondary and tertiary courses, with specific lists of approved courses in various schedules. The main change from the previous determination is the inclusion of additional Masters by coursework programs in Schedule 3 to provide eligibility for income support payments to full-time students on youth allowance and Austudy. The Determination is not considered regulatory and does not require a Regulatory Impact Statement or public consultation, as it is deemed to have minimal compliance costs and no impact on business activities. The policy objective remains to ensure that students enrolled in specified courses at recognised institutions are eligible for financial assistance under the Act, thereby supporting their educational endeavours and reducing financial barriers to education.

Scope and Application

The Student Assistance (Education Institution and Courses) Determination 2008 (No. 1) is an instrument made by the Minister for Education under the Student Assistance Act 1973. The Determination outlines the types of educational institutions and courses that are recognised for the purposes of determining eligibility for various forms of student assistance, including income support payments under the Act. The Determination applies to four categories of educational institutions: higher education institutions, secondary schools, technical and further education institutions, and special schools. It also specifies which courses are considered secondary or tertiary courses, with the latter including Masters by coursework programs listed in Schedule 3, which are eligible for income support payments for full-time students. This Determination supersedes previous determinations and has been revised to include additional Masters courses and to reflect current legislative drafting practices. Its application is integral to the eligibility criteria for income support payments under both the Student Assistance Act 1973 and the Social Security Act 1991. Geographically, the Determination applies nationwide as it is a Commonwealth instrument. It does not impose any exclusions, exemptions, or thresholds on its own but rather operates within the framework of the Student Assistance Act 1973. The scope and details of the Determination are further defined by the schedules attached, which list specific courses and institutions. The application of the Determination is extended through subordinate instruments, such as the Guidelines for the approval of Masters Courses for Student Income Support Payments 2008, which assist the Minister in assessing course approvals from higher education providers. The Determination does not require a Regulatory Impact Statement or public consultation, as it is deemed to have minimal compliance costs and no significant impact on business activities.

Key Provisions

The Student Assistance (Education Institutions and Courses) Determination 2008 (No. 1) outlines specific categories of educational institutions and courses that qualify for financial assistance under the Student Assistance Act 1973. This determination identifies what constitutes a higher education institution (section 5), secondary school (section 6), technical and further education institution (section 7), and other educational institutions (section 8). These classifications are crucial for determining eligibility for various forms of student financial assistance. Additionally, it specifies which courses are considered secondary (section 9) or tertiary (section 10) for the purposes of the Act. The Act imposes several obligations on educational institutions and students. Educational institutions must ensure their courses meet the criteria outlined in the Determination to qualify for financial assistance. They must also verify that the courses they offer are listed in the appropriate schedules of the Determination. For students, this means they must be enrolled in courses that are explicitly defined as secondary or tertiary within the Determination to be eligible for financial support. The Determination also mandates that institutions provide necessary documentation and information to support their courses' eligibility. Violations of the provisions outlined in the Determination can lead to civil or criminal consequences, depending on the nature of the breach. For example, if an institution falsely claims that a course is eligible for financial assistance when it is not, this could result in penalties under the relevant sections of the Act. The penalties for such breaches are not explicitly stated in the Determination but typically align with the penalties outlined in the Student Assistance Act 1973, which can include fines and other legal actions. It is important for educational institutions to adhere to these guidelines to avoid any potential legal repercussions.

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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.