EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 171
STUDENT ASSISTANCE REGULATIONS (AMENDMENT)
Issued by the authority of the Minister for Education and Youth Affairs
The Student Assistance Act 1973 provides legislative authority for the Tertiary Education Assistance Scheme (TEAS) and for Post-graduate Awards. Section 36 of the Act empowers the Governor-General to make regulations for the purposes of the Act.
The present Statutory Rules make amendments to the Student Assistance Regulations that are consequential on amendments made to the Student Assistance Act by the Statute Law (Miscellaneous Provisions) (No. 1) Act 1984. The amendments made by the Statute Law Act concerned the review procedures for decisions made under the Student Assistance Act and in the main implemented recommendations made by the Administrative Review Council in its report on the Student Assistance Review Tribunals (SARTs).
Regulation 1 determines 1 August 1984 as the day on which the amendments made by the Statutory Rules take effect. This is the day on which the amendments to the Student Assistance Act take effect.
Regulation 2 concerns an amendment to existing regulation 79, which requires notice of SART hearings to be given to the
parties to the proceedings. Sub-regulation 2(1) amends regulation 79 to require that 14 days’ notice is to be given, rather than 7 days as was formerly prescribed. Sub-regulation 2(2) provides that sub-regulation 2(1) will not apply to proceedings where a reconsideration of the relevant decision was requested before 1 August 1984, when the new Statutory Rules took effect. This reflects the transitional arrangement provided for by sub-sections 6(1) and (2) of the Statute Law Act.
Regulation 3 makes the amendments set out in the Schedule to the Statutory Rules. These cover the following drafting changes:
(i) “Student assistance to which the Act applies” is changed to “student assistance”, consequential on the drafting change made to section 5 of the Student Assistance Act by the Statute Law Act. (See amendments to regulations 41(3A), 42(9), 51(2), 70(7), 74(6), amendment (b) to regulation 87(1), amendments to regulations 91(b), 92(1).)
(ii) “Chairman” (of a SART) is changed to “Chairperson”, consequential on the same change made to section 17(1) and other provisions of the Student Assistance Act. (See amendment (b) of regulation 77, amendments of regulations 78(2), 79.)
(iii) In addition to the amendments referred to in (ii) above, the opportunity has been taken to remove sexist language from regulations 77 and 87. (See amendment (a) of regulation 77, amendment (a) of regulation 87(1).)
Overview
The Student Assistance Regulations (Amendment) Statutory Rules 1984 were introduced to address gaps in the existing Student Assistance Regulations, which governed the Tertiary Education Assistance Scheme and Post-graduate Awards under the Student Assistance Act 1973. Enacted by the Parliament of Australia, these amendments were necessary to align the regulations with legislative changes made by the Statute Law (Miscellaneous Provisions) (No. 1) Act 1984. The primary objective of these amendments was to implement the recommendations of the Administrative Review Council regarding the review procedures for decisions made under the Student Assistance Act. Specifically, the amendments aimed to improve the procedural fairness by extending the notice period for Student Assistance Review Tribunal (SART) hearings from 7 to 14 days and ensuring these changes applied appropriately in transitional scenarios. Additionally, the amendments updated terminology and removed sexist language to reflect contemporary standards of equality and inclusivity.
Scope and Application
The Student Assistance Regulations (Amendment) Statutory Rules 1984 pertain to the Student Assistance Act 1973, which governs the Tertiary Education Assistance Scheme and Post-graduate Awards. These rules, issued under the authority of the Minister for Education and Youth Affairs, amend the existing regulations to align with changes introduced by the Statute Law (Miscellaneous Provisions) (No. 1) Act 1984. The amendments focus on enhancing the review procedures for decisions made under the Act, implementing recommendations from the Administrative Review Council regarding Student Assistance Review Tribunals (SARTs). Effective from 1 August 1984, the changes include adjustments to the notice period for SART hearings, increased from 7 to 14 days, and modifications to various regulations to reflect changes in terminology and remove outdated language. These amendments ensure the regulations remain current and inclusive, while maintaining the legislative intent of the original Act.
Key Provisions
The Student Assistance Regulations (Amendment) Statutory Rules 1984 No. 171 introduce changes to the Student Assistance Regulations that align with amendments to the Student Assistance Act made by the Statute Law (Miscellaneous Provisions) (No. 1) Act 1984 (section 1). The effective date for these amendments is 1 August 1984 (Regulation 1). One significant change involves the notice period for Student Assistance Review Tribunal (SART) hearings, which is extended from 7 days to 14 days (Regulation 2). This amendment to Regulation 79 ensures that parties to the proceedings receive adequate notice of the hearings. However, the new notice period does not apply to proceedings where a reconsideration request was made before the effective date of the amendments (sub-regulation 2(2)).
The amended regulations also address various drafting changes and updates to terminology to ensure consistency with the revised Student Assistance Act. For instance, "student assistance to which the Act applies" is now simply referred to as "student assistance" (Regulation 3). This change is reflected in multiple regulations, including 41(3A), 42(9), 51(2), 70(7), 74(6), and regulation 87(1)(b). Similarly, the term "Chairman" has been updated to "Chairperson" in line with the Student Assistance Act (Regulation 3). These updates are seen in amendments to regulations 77, 78(2), and 79, among others. Furthermore, the amendments remove any sexist language from regulations 77 and 87, contributing to more inclusive terminology (Regulation 3).
The regulations impose certain obligations on the parties involved in student assistance proceedings. For example, parties must now ensure they are notified of SART hearings 14 days in advance, unless a reconsideration request was made prior to 1 August 1984 (Regulation 2). Furthermore, the use of updated and non-sexist terminology is mandatory in all related documentation and proceedings to ensure clarity and inclusivity. Non-compliance with these requirements may lead to procedural issues and potential delays in the review process.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Statutory Rules themselves. However, failure to comply with the amended notice requirements or the use of outdated or sexist language in proceedings could lead to procedural challenges. Such challenges might result in the tribunal ruling that the proceedings are invalid or need to be reconsidered, potentially extending the timeline for resolution. While the rules do not explicitly state maximum penalties, any delays or procedural errors could have significant implications for the parties involved in student assistance matters.