EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO.17
Issued by the authority of the Minister for Education and Youth Affairs
STUDENT ASSISTANCE ACT 1973
STUDENT ASSISTANCE REGULATIONS (AMENDMENT)
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 give effect to section 10 of the Act, which provides that approval for the grant of TEAS benefits is to be subject to and in accordance with the regulations.
The present Statutory Rules amend provisions of the Student Assistance Regulations relating to ineligibility for assistance under TEAS because of previous study and other academic reasons. They amend the definition of “relevant day”, which is central to assessment for ineligibility on academic grounds, and also amend the drafting of the rules relating to applicants’ progress in their last year of study (or last two years, if the latter year was undertaken on a part-time basis).
Regulation 1 amends existing sub-regulation 29(1) by omitting the former definition of “relevant day” and substituting a new definition in its place. The drafting of the former definition was criticised in R. v. Moodie ex p. Emery 34 ALR 481 at 493. The definition has therefore been re-drafted to clarify that a student’s eligibility for the full year of study is to be assessed on the basis of the student’s studies as at the first day on which the student commences or resumes studies in the academic year.
Regulation 2 amends existing sub-paragraphs 34(1)(h)(i) to (vi), which provide for the ineligibility of students who pass an insufficient amount of work in the last year of study in their course (or in the last two years, if the last year was undertaken on a part-time basis). The drafting has been amended so that -
(i) account is to be taken of work which students undertook in the last year (or years) and passed in a supplementary examination held in the current year of study and before the relevant day;
(ii) account is no longer to be taken under sub-paragraphs 34(1)(h)(i) and (ii) of work for which credit was received because of studies undertaken in a previous course and which students did not undertake in the first year of their present course (or first two years if the last year was part-time);
(iii) sub-paragraph 34(1)(h)(i) is now expressed to measure the subjects passed in the first year of the current course against “a year’s work”, rather than against “a first year’s work”. The amended wording is preferable where students receive credit for studies undertaken in a previous course and therefore undertake subjects beyond the first year level in the first year of undertaking their current course. (A similar amendment has been made to sub-paragraph 34(1)(h)(ii).)
Overview
The Student Assistance Regulations (Amendment) Statutory Rules 1984 were enacted to amend the Student Assistance Regulations 1973, specifically addressing ineligibility for Tertiary Education Assistance Scheme (TEAS) benefits due to previous study and academic reasons. This legislative amendment was issued by the authority of the Minister for Education and Youth Affairs, reflecting a policy objective to clarify and refine the criteria for student eligibility under TEAS. The primary intent was to address and rectify ambiguities in the previous regulations, particularly those concerning the definition of "relevant day" and the assessment of academic progress in the final year of study, as highlighted in judicial reviews such as R. v. Moodie ex p. Emery. These amendments aim to provide clearer guidelines for determining student eligibility, ensuring that the assessment of academic progress is both fair and accurately reflects the students' actual studies and achievements.
Scope and Application
The Student Assistance Regulations (Amendment) Statutory Rules 1984 No. 17, issued under the authority of the Minister for Education and Youth Affairs, amend the Student Assistance Regulations 1973 to refine the criteria for ineligibility for Tertiary Education Assistance Scheme (TEAS) benefits. These amendments primarily affect students who have previously studied and those who have passed insufficient work in their last year of study. The changes seek to clarify the definition of “relevant day” to ensure that a student’s eligibility for the full year of study is assessed based on their studies as at the first day of the academic year. The amendments also modify the drafting to account for work passed in supplementary examinations and exclude credit for studies undertaken in a previous course that were not part of the current course. These regulatory changes aim to ensure that the assessment of eligibility for TEAS benefits is both fair and accurately reflects a student’s academic progress.
Key Provisions
The primary operative sections of the Student Assistance Regulations (Amendment) concern the redefinition of "relevant day" and the adjustment of provisions regarding ineligibility for assistance under the Tertiary Education Assistance Scheme (TEAS). Regulation 1 (sub-regulation 29(1)) redefines the "relevant day" as the first day on which a student commences or resumes studies in the academic year. This change is intended to clarify that eligibility for the full year of study is assessed based on the student's studies starting from this date. Regulation 2 modifies sub-paragraphs 34(1)(h)(i) to (vi) to account for work undertaken and passed in a supplementary examination held in the current year of study and before the relevant day. Additionally, it specifies that work for which credit was received due to studies undertaken in a previous course and not undertaken in the first year of the present course should no longer be considered. Furthermore, it adjusts the measurement of subjects passed in the first year of the current course to be against "a year’s work" rather than "a first year’s work".
These regulations impose specific obligations on students seeking TEAS benefits. Students must ensure their academic progress aligns with the criteria set forth in the amended regulations. For example, they must pass a sufficient amount of work in the last year of study, with adjustments made for supplementary examinations. Additionally, credit for studies undertaken in previous courses must be appropriately reflected in their current academic load. These requirements necessitate that students and educational institutions accurately report academic progress and credit transfers to ensure compliance with the amended regulations.
Breach of these regulations could result in civil or administrative consequences. Specifically, students found not to meet the eligibility criteria for TEAS benefits due to non-compliance with the amended provisions may be deemed ineligible for assistance. This could lead to a denial of financial support, which would impact their ability to continue their studies. While the explanatory statement does not detail criminal penalties, it is implicit that non-compliance could lead to enforcement actions by the relevant authorities to ensure adherence to the legislative framework. The precise civil or administrative penalties for non-compliance are not specified in the document but would likely involve the recoupment of any assistance already granted and disqualification from future benefits.