EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment and Education Services
STATUTORY RULES NO. 316, 1988
STUDENT ASSISTANCE REGULATIONS (AMENDMENT)
OUTLINE
1. The Student Assistance Act 1973 (“the Act”) provides the legislative authority for the AUSTUDY scheme and for Post-graduate Awards. The present Statutory Rules amend the Student Assistance Regulations (“the Regulations”) made under section 36 of the Act.
2. Section 36(b) provides that the Regulations may include provisions relating to the Student Assistance Review Tribunal (including giving evidence, producing documents and issuing summonses). Section 36(c) refers to the setting of penalties for offences against the Regulations.
3. The Student Assistance Legislation Amendment Act 1988 amended the Act by including a package of measures to facilitate the prevention of fraud and the recovery of overpayments. The present Statutory Rules make the following changes to the Regulations consequential on the amending Act:
• the definition of “prescribed educational scheme” is modified to give a definition for the purposes of the Act (see new regulation 6, and amendments to regulations 29 and 30)
• the maximum penalties for offences under the Regulations are increased, to take account of the new maximum penalties permitted by the Act (see amendments to regulations 80, 85 and 86).
4. The present Statutory Rules also amend the Regulations:
• to take account of the change of name of the former New South Wales Institute of Technology, now the University of Technology, Sydney (see amendment to Schedule 1); and
• to increase the rates of AUSTUDY fares allowance payable where public transport is unavailable and a student travels by private vehicle (see amendment to Schedule 6). These increases follow increases in the Australian Public Service motor vehicle allowance.
Commencement
5. The regulations commence on gazettal, except for regulations 10 and 11. Regulations 10 and 11 are entirely beneficial in their effect and do not adversely affect any existing rights.
6. Regulation 10 relates to the establishment of the University of Technology, Sydney. The regulation takes effect from 26 January 1988, when the University was established.
(See the University of Technology, Sydney Act 1987 (NSW) 283 of 1987.)
7. Regulation 11 increases the AUSTUDY fares allowance in line with increases to the Australian Public Service motor vehicle allowance, resulting from Public Service Board Determination 1987/113. Regulation 11 takes effect from 4 December 1987, the commencement date for the relevant clause of the Determination.
DETAILS OF REGULATIONS
Regulation 1: Commencement
8. Regulation 1 provides for commencement dates:
• regulation 10, which deals with the change of name of the University of Technology, Sydney, takes effect from 26 January 1988. This is the commencement date for the Act which established the University, the University of Technology, Sydney Act 1987 (NSW) (No. 283 of 1987);
• regulation 11 makes changes to the rate of fares allowance, reflecting changes made to the Australian Public Service motor vehicle allowance by Public Service Board Determination 1987/113. The regulation is taken to have commenced on 4 December 1987, when clause 6.1 of the Determination came into operation.
The remaining provisions come into effect on gazettal.
Regulation 2: Principal Regulations
9. The Student Assistance Regulations are referred to as the “Principal Regulations”.
Regulation 3: Meaning of “prescribed educational scheme”
10. Regulation 3 inserts a new provision, regulation 6, which defines “prescribed educational scheme” for the purposes of section 31A(1)(d) of the Act; this section was inserted by the Student Assistance Legislation Amendment Act 1988. Overpayments under the schemes listed in new regulation 6 may be recovered by withholdings from entitlements under the Student Assistance Act.
Regulation 4: Interpretation - Part III
11. Regulation 4 amends existing regulation 29, which defines expressions used in Part III of the Regulations.
12. Paragraphs 4(a) and (b) are consequential on the definition of “prescribed educational scheme” contained in the new regulation 6.
13. Paragraph 4(c) removes a reference to a repealed provision, the former subregulation 41(3AA).
Regulation 5
14. Regulation 5 amends regulation 30, which prescribes the conditions for qualifying as independent for AUSTUDY purposes. The amendment is consequential on the definition of “prescribed educational scheme” in new regulation 6.
Regulation 6: Termination - end of year
15. Regulation 6 amends regulation 39, which provides that a student’s AUSTUDY ends at 31 December (unless terminated earlier in the year).
16. Paragraph 6(a) replaces “expires” with “terminates”, which is the expression is used in related provisions
(regulations 37 and 38).
17. Paragraph 6(c) removes a reference to a repealed provision, the former regulation 36.
Regulation 7: Disobedience to summons, etc
18. Regulation 7 deals with the penalties for offences under existing regulation 80. These offences relate to refusal to give evidence before the Student Assistance Review Tribunal. The maximum penalty is raised from a fine of $100 to a fine of $1,000 or 3 months’ imprisonment. (This is the maximum penalty provided under the Administrative Appeals Tribunal Act 1975 for comparable offences in relation to the AAT.)
Regulation 8: Notice to be given of certain matters affecting Assistance
19. Regulation 8 deals with the penalties for offences under existing regulation 85. These offences relate to an AUSTUDY recipient’s failure to advise the Department of relevant changes in his or her situation. The maximum penalty is raised from a fine of $100 to a fine of $1,000 and/or 6 months’ imprisonment.
Regulation 9: Notice to be given of certain matters affecting an Award
20. Regulation 9 deals with the penalties for offences under existing regulation 86. These offences relate to a Post-graduate Award holder’s failure to advise the Department of relevant changes in his or her situation. The maximum penalty is raised from a fine of $100 to a fine of $1,000 and/or 6 months’ imprisonment.
Regulation 10: Schedule 1
21. Regulation 10 amends Schedule 1 of the Regulations, which lists institutions to be treated as advanced education institutions. It inserts a reference to the University of Technology, Sydney, formerly the New South Wales Institute of Technology.
Regulation 11: Schedule 6
22. Regulation 11 amends Schedule 6 of the Regulations, which specifies the AUSTUDY fares allowance payable under regulations 47(10) and (11) where public transport is unavailable and a student travels by private vehicle. (The increases are in line with increases made to the Australian Public Service motor vehicle allowance by Public Service Board Determination 1987/113.)