Student Assistance Regulations (Amendment)

Overview

The Student Assistance Regulations 1980 No. 3661 were enacted to amend the existing Student Assistance Regulations 1974 to address the specific needs of students who temporarily discontinue their studies. Made under the authority of the Student Assistance Act 1973, these regulations were introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary aim of these regulations is to provide a framework for the temporary suspension of student awards during periods when students take a break from their full-time post-graduate studies, thereby ensuring that they can manage their studies without financial strain. This amendment particularly focuses on allowing students to undertake research work outside Australia while still retaining their awards, provided they meet the specified criteria. The regulations came into effect on 1 January 1980, providing updated guidelines to align with the evolving needs of postgraduate students.

Scope and Application

The Student Assistance Regulations 1980, as amended, govern the administration of student assistance awards within the scope of the Student Assistance Act 1973. These regulations specifically apply to students who hold an award under the Act and who are seeking to temporarily discontinue their studies as full-time students in a post-graduate course. The regulations allow for the suspension of these awards for a period not exceeding 12 months, subject to certain conditions. However, the amendments made by regulation 61 exclude holders of Research Awards or Advanced Education Institution Awards in respect of a postgraduate course of research from applying for suspension if the reason is to undertake research work outside Australia. The amended regulations came into effect on or after 1 January 1980, extending the application to all relevant awards issued from that date forward. The regulations are applicable across the Commonwealth and are subject to further interpretation or modification through subordinate instruments as necessary.

Key Provisions

The Student Assistance Regulations 1980, as amended, provide key provisions for the temporary suspension of student awards during periods when students temporarily discontinue their studies. Regulation 61, specifically amended by the 1980 amendment, allows a student who wishes to temporarily discontinue their full-time postgraduate studies to apply for a suspension of their award for a period not exceeding 12 months (Regulation 61(1)). However, this provision does not apply to holders of Research Awards or Advanced Education Institution Awards in respect of postgraduate research courses who wish to undertake research outside Australia as part of their studies (Regulation 61(1a)). These regulations impose specific obligations on students who wish to temporarily suspend their awards. They must apply to an authorized person for the suspension of their award, ensuring the request is within the stipulated 12-month limit (Regulation 61(1)). The exclusion for Research Award holders and certain postgraduate research students means these individuals must follow different procedures if they intend to conduct research overseas (Regulation 61(1a)). Failure to comply with the requirements for suspension as outlined in the regulations may result in various consequences. While the legislation does not explicitly state offences or penalties for non-compliance, breaches of the provisions could potentially lead to the loss of financial support or other benefits provided under the Student Assistance Act 1973. Additionally, if a student's suspension period exceeds the permitted 12 months, their award may be deemed to have been forfeited, resulting in the cessation of financial assistance. It is important for students to adhere to these regulations to avoid any adverse effects on their financial support.