EXPLANATORY STATEMENT
Student Assistance (Education Institutions and Courses) Determination 2009 (No. 1).
Summary
The Student Assistance (Education Institutions and Courses) Determination 2009 (No. 1) (the Determination) is made by the Minister for Education, Employment and Workplace Relations (the Minister) under section 5D of the Student Assistance Act 1973(the Act).
The purpose of the Determination is to determine the education institutions and courses for which a student may be eligible for financial supplement under the Act.
The Determination retains the broad coverage of education institutions and courses provided by the Student Assistance (Education Institutions and Courses) Determination 2008 (No. 1).
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 to the Determination is a result of the Department’s invitation to the higher education sector providers to submit additional courses for approval by the Minister for Education. The Minister has regard to the Guidelines for the approval of Masters Courses for Student Income Support Payments in assessing applications for approval of courses from the higher education sector providers. The Guidelines can be found at the following link:
http://www.dest.gov.au/sectors/career_development/programmes_funding/programme_categories/student_income_support/default.htm
The Determination also includes minor technical amendments to clarify what is to be regarded as:
- Accredited vocational education and training course;
- Integrated undergraduate or postgraduate course;
- Vocational education and training program;
- Tertiary courses.
Explanation of Provisions
Section 1 of the Determination states the name of the Determination.
Section 2 states that the Determination commences on the day after it is registered.
Section 3 revokes the Student Assistance (Education Institutions and Courses) Determination 2008 (No.1) is revoked.
Section 4 provides some minor technical amendments to clarify the following terms:
accredited vocational education and training course means a course that leads to an award of an AQF qualification or a Statement of Attainment, and the course must be accredited as a vocational education and training course by the authority specified in the Determination.
course of combined studies means a vocational education and training course that leads to an award of a single AQF qualification or a Statement of Attainment.
integrated undergraduate or postgraduate course means a course that may be converted into an approved tertiary course at Masters level specified in Schedule 3 to the Determination. This definition, when read in conjunction with paragraph 10(1)(b) and subsection10(2), has the effect of setting out the circumstances under which a Masters unit can be a part of an accredited tertiary qualification (other than a Masters degree or a Doctorate degree).
Thus, in practice, it is possible to integrate a course leading to an accredited tertiary qualification with some Masters units (that form part of courses specified in Schedule 3 to the Determination) so that a student may be eligible for income support under the Act.
For example, a person who studies an undergraduate course at an education institution (taking some Masters units as part of the person’s undergraduate course) would be eligible for students income support through Youth Allowance or Austudy insofar as the Masters units are units that form part of course specified in Schedule 3 to the Determination.
vocational education and training program means a course that leads to an award of an AQF qualification or a Statement of Attainment. The course components are as specified in the Determination.
Section 5 provides that an institution determined to be a higher education institution in the Determination is a kind of education institution for paragraph(a) of the definition of education institution in the Act.
Section 6 determines what is to be regarded as a secondary school for 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 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 paragraph(d) of the definition of education institution in the Act.
Section 9 specifies secondary courses for the purposes of for paragraph 5D(1)(a) of the Act.
Section 10 sets out what are to be regarded as tertiary courses for the purposes of paragraph 5D(1)(a) of the Act.
Paragraph 10(1)(a) specifies that courses listed in Column 1 of Schedule 2 to the Determination are tertiary courses.
Paragraph 10(1)(b) has the effect of extending financial supplement to students undertaking a tertiary course at Masters level insofar as the course is specified in Schedule 3 to the Determination.
Subsection 10(2) has the effect of providing that a unit of a course specified in Schedules 2 and 3 is part of a tertiary course.
Schedule 1 lists secondary courses for the purposes of subsection 5D(1) of the Act.
Schedules 2 and 3 list tertiary courses for the purposes of subsection 5D(1) of the Act.
Regulatory Impact Statement and Consultation
This Determination does not require a Regulatory Impact Statement (RIS) and/or a Business Cost Calculator Figure. This 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 Determination. Consultation was not undertaken due to its beneficial nature and as the instrument has no impact on business.