Statutory Rules
1975 No. 136
REGULATIONS UNDER THE STUDENT ASSISTANCE ACT 1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Student Assistance Act 1973.
Dated this fourteenth day of July, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
KIM E. BEAZLEY
Minister of State for Education.
Amendments of the Student Assistance Regulations †
Commencement.
1. (1) The amendments effected by paragraphs 2 (d) and (e) and by regulations 3, 4, 5, 9 and 10 shall be deemed to have come into operation on 1 January 1975.
(2) Regulation 7 shall come into operation on 1 January 1976.
Eligibility.
2. Regulation 34 of the Student Assistance Regulations is amended—
(a) by omitting from sub-regulation (5) the words “sub-regulation (1)” and substituting the words “paragraph (1) (g), (h) or (j)”;
(b) by omitting from sub-regulation (5) the words “that sub-regulation” and substituting the words “that paragraph”;
(c) by omitting from sub-regulation (5) the words “his course” and substituting the words “his approved course”;
(d) by inserting after sub-regulation (5) the following sub-regulation:—
“(5a) Nothing in paragraph (1) (m) shall prevent the grant of Assistance to an applicant who, but for this sub-regulation, would be ineligible for the grant of Assistance in respect of a year by reason only of his failure to complete successfully the whole or part of his discontinued course where that failure was due to his illness or other circumstances beyond his control.”;
(e) by omitting sub-regulation (11) and substituting the following sub-regulation:—
“(11) In this regulation, a reference to a repeat year of study undertaken by an applicant shall be read as a reference to a year of
* Notified in the Australian Government Gazette on 22 July 1975.
† Statutory Rules 1974, No. 179, as amended by Statutory Rules 1974, Nos. 235 and 258.
study in which the year’s work undertaken by the applicant consisted wholly or substantially of subjects that he—
(a) undertook unsuccessfully in a previous year of study;
(b) elected not to undertake in a previous year of study;
(c) undertook successfully in a previous year of study but in which his level of pass was insufficient to enable him—
(i) to be accepted for enrolment; or
(ii) to qualify,
to undertake another subject of a higher level;
(d) undertook in lieu of subjects that he had undertaken unsuccessfully in a previous year of study; or
(e) undertook in lieu of subjects that he had undertaken successfully in a previous year of study but in which his level of pass was insufficient to enable him—
(i) to be accepted for enrolment; or
(ii) to qualify,
to undertake another subject of a higher level.”.
Eligibility-courses related to teaching.
3. Regulation 34a of the Student Assistance Regulations is amended by omitting sub-regulation (2) and substituting the following sub-regulation:—
“(2) An applicant who is undertaking, or proposes to undertake, at a university or advanced education institution an approved course that is a degree or diploma course in a field of study other than a field of study specified in Schedule 6 is not ineligible by virtue of paragraph 34 (1) (k) for the grant of Assistance by reason only of his having completed—
(a) a full-time diploma course of initial teacher education of 2 or 3 years’ duration entry to which was not subject to completion of another course of tertiary education; or
(b) a part-time course that is equivalent to a course of the kind referred to in paragraph (a).”.
4. After regulation 34c of the Student Assistance Regulations, the following regulation is inserted:—
Eligibility-course discontinued due to illness or circumstances beyond control of applicant.
“34d, Where—
(a) an applicant has, due to his illness or other circumstances beyond his control, discontinued a course of tertiary education referred to in sub-paragraph 34 (1) (m) (i) or (ii); and
(b) that part (if any) of the discontinued course that he successfully undertook exceeds by more than one-half of a year’s work for a full-time student in the approved course that he is undertaking, or proposes to undertake, that part (if any) of the approved course that he has successfully undertaken (including any part of the discontinued course that he is credited with having completed as part of the approved course),
paragraph 34 (1) (m) does not apply in relation to the discontinuation of that course of tertiary education by the applicant.”.
Living allowance―students deemed to be of independent status.
5. Regulation 41 of the Student Assistance Regulations is amended—
(a) by omitting from paragraph (b) of sub-regulation (3) the words “two-thirds of the amount (if any)” and substituting the words “the amount (if any) calculated on the basis of $1 for every $1.50”; and
(b) by omitting from paragraph (c) of sub-regulation (3) the words “two-thirds of the amount (if any)” and substituting the words “the amount (if any) calculated on the basis of $1 for every $1.50”.
Fares allowance.
6. Regulation 47 of the Student Assistance Regulations is amended by omitting from sub-regulation (3) the words “payable in” and substituting the words “payable in respect of”.
Termination on account of employment.
7. Regulation 67a of the Student Assistance Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:—
“(1) Where—
(a) in the relevant year a holder engages in employment, or undertakes business on his own account, whether or not for fee or reward—
(i) in the case of a holder, other than a holder referred to in sub-paragraph (iii), who commences to undertake his course before the first day of July in that year—for periods exceeding in the aggregate 180 hours;
(ii) in the case of a holder who commences to undertake his course on or after the first day of July in that year—for periods exceeding in the aggregate 90 hours; or
(iii) in the case of a holder who ceases to undertake his course before the first day of July in that year—for periods exceeding in the aggregate 90 hours; or
(b) in a subsequent year a holder engages in employment, or undertakes business on his own account, whether or not for fee or reward—
(i) in the case of a holder other than a holder referred to in sub-paragraph (ii)—for periods exceeding in the aggregate 180 hours; or
(ii) in the case of a holder who ceases to undertake his course before the first day of July in that year—for periods exceeding in the aggregate 90 hours,
his Award thereupon terminates.”.
Thesis allowance.
8. Regulation 72 of the Student Assistance Regulations is amended by inserting in sub-regulation (1) after the words “accepted for submission” the words “in relation to the post-graduate course in respect of which an Award has been granted to the holder”.
Schedule 1.
9. Schedule 1 to the Student Assistance Regulations is omitted and the following Schedule substituted:—
SCHEDULE 1 Regulation 4
EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS ADVANCED EDUCATION INSTITUTIONS FOR THE PURPOSES OF THE ACT
Australian Capital Territory—
Canberra College of Advanced Education
Canberra School of Music
“Signadou” Dominican Teachers’ College
New South Wales—
Avondale College
Catholic College of Education
Catholic Teachers’ College
Good Samaritan Teachers’ College
Mount Saint Mary College
National Institute of Dramatic Art
N.S.W. Training School for Medical Record Librarians
The Australian Chiropody Association College
The College of Law
The Film and Television School
The Guild Teachers’ College
Victoria—
Alfred Hospital
Aquinas College
Auxilium College
Christ College
Christian Brothers’ Teachers’ College
Leo Cussen Institute for Continuing Legal Educatior
Marcus Oldham Farm Management College
Mercer House
Mercy Teachers’ College
Orthoptic School of Victoria
St. Vincent’s Hospital
Southern Memorial Hospital
The Queen Victoria Memorial Hospital
Y.M.C.A. College for Leadership Training
Queensland—
Catherine McAuley Teachers’ College
College of Nursing, Australia
Xavier Teachers’ College
South Australia—
The Law Society of South Australia Incorporated
Western Australia—
College of Nursing, Australia
Schedule 3.
10. Schedule 3 to the Student Assistance Regulations is omitted and the following Schedule substituted:—
SCHEDULE 3 Regulation 7
EDUCATIONAL INSTITUTIONS THAT ARE TO BE TREATED AS TECHNICAL COLLEGES FOR THE PURPOSES OF THE ACT
New South Wales—
Bedford College
C. B. Alexander Agricultural College
Hales Colleges
St. Joseph’s Business College, Leichhardt
St. Mary’s Commercial College, Paddington
St. Patrick’s Business College, Sydney
Yanco Agricultural College and Research Centre
Victoria—
Ballet Victoria School
Gilbert Chandler Institute of Dairy Technology
Glenormiston Agricultural College
Hales Colleges
Holmes Commercial Colleges
Institute of Social Welfare
Melba Memorial Conservatorium of Music
The Australian Ballet School
Queensland—
Emerald Rural Training School
Kindercraft Civic Day Nursery
Longreach Pastoral College
South Australia—
Hales Colleges
Muirden College
Western Australia-
Edwards Secretarial College
Graduate College of Dance
Ngal-a Mothercraft Home and Training Centre
Tasmania—
Tasmanian Centre for Training in Child Care
Schedule 5.
11. Schedule 5 to the Student Assistance Regulations is amended by omitting from paragraph (b) of item 2 the figures “$16” and substituting the figure “$6”.