Overview

The Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2011 (No. 1) was made by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations under the authority granted by paragraph 356(1)(c) of the Student Assistance Act 1973. This Amendment Determination addresses a specific typographical error in the previously enacted Student Assistance (Public Interest Certificate Guidelines) Determination 2011. The primary objective of the Amendment Determination is to rectify a misstatement in subparagraph 9(1)(b)(i) of the Principal Determination, which incorrectly referenced “a Commonwealth” instead of “an officer” in the context of offences for which protected information could be disclosed in the public interest. The error was identified in the course of aligning the Principal Determination with similar instruments under the Social Security (Administration) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999. The Amendment Determination ensures consistency and accuracy in the legal framework governing the disclosure of protected information under the Act.

Scope and Application

The Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2011 (No. 1) is a legislative instrument made under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, pursuant to the Student Assistance Act 1973. This Amendment Determination serves to correct a typographical error within the Student Assistance (Public Interest Certificate Guidelines) Determination 2011, specifically addressing a misstatement in subparagraph 9(1)(b)(i) of the Principal Determination. The amendment rectifies an error where the term "a Commonwealth" was incorrectly used instead of "an officer," thereby ensuring that the Principal Determination aligns with the intended provisions and similar instruments made under the Social Security (Administration) Act 1999 and the A New Tax System (Family Assistance) (Administration) Act 1999. This amendment ensures that the protected information can be released if an offence is committed against an officer, as was the original intent, thereby clarifying the scope of permissible disclosures in the public interest.

Key Provisions

The Student Assistance (Public Interest Certificate Guidelines) Amendment Determination 2011 (No. 1) amends the Student Assistance (Public Interest Certificate Guidelines) Determination 2011. The purpose of this Amendment Determination is to correct a typographical error in subparagraph 9(1)(b)(i) of the Principal Determination. This amendment ensures that the correct term "officer" is used, rather than the erroneous "a Commonwealth". The primary operative sections of this Amendment Determination pertain to the correction of a typographical error in the Principal Determination. Specifically, section 3 of the Amendment Determination references Schedule 1, which makes the technical amendment to subparagraph 9(1)(b)(i) of the Principal Determination. This amendment changes the term "a Commonwealth" to "an officer", as intended, thereby aligning it with equivalent provisions in similar legislation. The Amendment Determination imposes obligations on the Secretary to ensure that the corrected Principal Determination is followed when deciding whether to disclose information protected under the Student Assistance Act 1973 in the public interest. The Secretary must certify that the disclosure of protected information is necessary for enforcement of certain laws, particularly where offences are committed against officers, as defined in subsection 3(1) of the Act. This obligation aligns with the intent of the Principal Determination and the similar provisions in other Acts. There are no specific offences, penalties, or civil or criminal consequences outlined in the Amendment Determination itself. The determination is technical and does not introduce new legal obligations beyond correcting the typographical error in the Principal Determination. However, failure to adhere to the corrected guidelines in the Principal Determination could potentially lead to non-compliance issues if protected information is disclosed without proper certification. The penalties or consequences for such non-compliance would be governed by the provisions of the Student Assistance Act 1973 and any other relevant legislation.