EXPLANATORY STATEMENT
ISSUED BY AUTHORITY OF THE MINISTER FOR EMPLOYMENT, EDUCATION AND TRAINING
STATUTORY RULES 1987 NO. 289
STUDENT ASSISTANCE REGULATIONS (AMENDMENT)
The Student Assistance Act
The Student Assistance Act 1973 (“the Act”) provides the legislative authority for the provision of AUSTUDY. Section 36 of the Act empowers the Governor-General to make regulations under the Act.
Section 10 of the Act provides for the grant of AUSTUDY, subject to the regulations, to a person undertaking at an “education institution” a course of study approved by the Minister.
Under Section 5 of the Act, an “education institution” includes a “university” which in turn is defined in that section as an institution that is treated as such in the regulations.
THE AMENDMENTS
The present amendments change the definition of “university” to allow the University College of the Northern Territory to be classified as a “university”.
Prior to the amendments, the sub-regulation 29(4) definition limited the meaning of “university” to those institutions so regarded under the Commonwealth Tertiary Education Commission Act 1977. The University College is not regarded as a “university” under that Act.
Some students at the College have however been receiving AUSTUDY by virtue of a Federal Court decision in Darwin on 9 July 1987, O. Gipalis and N.T. Attorney-General v. Karen Schnierer. The Court held that, by reason of an agreement between the College and the University of Queensland, whereby the College teaches the University’s courses, the students concerned are, for the purposes of the Act, undertaking study at the University of Queensland.
The Government has accepted that the College should rank equally, for the purposes of AUDTUDY, with universities in the States. The amendments will allow students who are undertaking courses the College may decide to offer independent of the University, to qualify for AUSTUDY.
DETAILS OF PROPOSED AMENDMENTS
Regulation 2 of the amendments inserts regulation 4A to provide a new definition of “university”, which makes specific references to the University College of the Northern Territory.
Regulation 3 of the amendments deletes the existing definition of “university” by deleting existing sub-regulation 29(4).
Overview
The Student Assistance Regulations (Amendment) 1987 (C2004L01092) were enacted to address a gap in the eligibility criteria for AUSTUDY recipients at the University College of the Northern Territory. The Student Assistance Act 1973, which provides the legislative framework for AUSTUDY grants, originally defined "university" in a manner that excluded the University College, thus impacting students’ eligibility for assistance. The amendments were made under Section 36 of the Act, empowering the Governor-General to modify regulations. The policy objective, as stated in the explanatory statement issued by the Minister for Employment, Education and Training, is to ensure that the University College of the Northern Territory is recognised as an eligible institution for AUSTUDY purposes, thereby allowing students there to qualify for the same support as those at other universities. This change acknowledges the academic equivalence of courses offered by the College and aims to provide equal opportunities for students in the Northern Territory.
Scope and Application
The Student Assistance Act 1973 applies to individuals who are undertaking a course of study at an approved education institution and provides for the grant of AUSTUDY, subject to the regulations. The Act specifically grants AUSTUDY to students attending an education institution, which includes a university as defined by the regulations. The Act and its amendments primarily pertain to students within the Commonwealth of Australia, providing them with financial assistance for their studies. The scope of the Act is extended through subordinate instruments, which include regulations that detail specific classifications and conditions for the provision of AUSTUDY. The recent amendments to the Student Assistance Regulations (Amendment) 1987, as stated in Statutory Rules 1987 No. 289, modify the definition of “university” to incorporate the University College of the Northern Territory, allowing it to be classified as a university for the purposes of the Act. These amendments were made in response to a Federal Court decision that had previously allowed certain students at the College to receive AUSTUDY based on an agreement with the University of Queensland. The amendments ensure that students at the University College of the Northern Territory, regardless of whether they are taking courses associated with another university or independent courses, are eligible for AUSTUDY, thereby aligning their status with that of other universities within the states.
Key Provisions
The key operative sections of the Student Assistance Regulations (Amendment) concern the definition of "university" under the Student Assistance Act 1973. Section 5 of the Act defines an "education institution" to include a "university," which is further defined in sub-regulation 29(4). The amendments made by these regulations change this definition to include the University College of the Northern Territory as a "university" for the purposes of AUSTUDY eligibility. Specifically, regulation 2 introduces a new regulation 4A, providing a definition of "university" that explicitly references the University College of the Northern Territory (regulation 2). Regulation 3 then removes the previous definition found in sub-regulation 29(4) (regulation 3).
These amendments impose obligations on the University College of the Northern Territory and the students it enrols. The University College must now adhere to the same standards and requirements as other universities under the Act to qualify its students for AUSTUDY. Students enrolled at the College who undertake courses offered by the College, either through an agreement with another university or independently, are now eligible to receive AUSTUDY under the Act. This aligns the College with other universities in the states for AUSTUDY purposes, ensuring that students at the College receive the same support as those at other recognised universities.
Failure to comply with these regulations, or any subsequent regulations made under the Act, could potentially lead to civil or criminal consequences. However, the explanatory statement does not specify any offences, penalties, or consequences for non-compliance with these particular amendments. Typically, breaches of student assistance regulations could lead to penalties such as fines, repayment of wrongly received benefits, or legal action by the relevant authorities. The maximum penalties would depend on the specific nature of the breach and the provisions of the Act and any related legislation.