EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment, Education and Training
STATUTORY RULES 1989 No. 119
STUDENT ASSISTANCE REGULATIONS (AMENDMENT)
Legislative authority
1. The Student Assistance Act 1973 and the Student Assistance Regulations (the Principal Regulations) provide the legislative authority for the AUSTUDY scheme and for Post-graduate Awards.
Details of changes made
2. The Government decided in the 1988/89 Budget context to discontinue the availability of AUSTUDY for students at most non-government business colleges. Statutory Rules No. 346 of 1988 implemented the decision by inserting a new Schedule 3 into the Principal Regulations. (Schedule 3 lists educational institutions to be treated as technical and further education institutions for the purposes of the Act.)
3. The Government has decided not to proceed with the earlier decision. Regulation 2 of the proposed Statutory Rules will accordingly insert a new Schedule 3 reinstating colleges omitted by the 1988 amendment. (Some colleges will not be reinstated as they have ceased to operate.)
Commencement
4. The amendment is deemed to have come into effect on 1 January 1989, the date when the schedule inserted by Statutory Rules No. 346 of 1988 came into effect. The amendment is entirely beneficial and does not prejudicially affect any pre-existing rights.
Overview
The Student Assistance Regulations (Amendment) Statutory Rules 1989 (C2004L01099) were enacted to address the issue of the availability of AUSTUDY for students at non-government business colleges. Initially, in the 1988/89 Budget, the government had decided to discontinue the availability of AUSTUDY for students at most non-government business colleges. However, this decision was later reversed, leading to the need for amendments to the Student Assistance Regulations. The regulations were enacted by the authority of the Minister for Employment, Education and Training, with the policy objective of reinstating the eligibility of certain colleges for AUSTUDY funding, thereby ensuring continued support for students at these institutions.
The amendment to the Student Assistance Regulations reinstates colleges omitted from AUSTUDY eligibility by a previous amendment, effective from 1 January 1989. This change was made to correct an earlier decision and provide continuity in support for students attending eligible non-government business colleges, ensuring they are not prejudicially affected by any changes in policy.
Scope and Application
The Student Assistance Regulations (Amendment) Statutory Rules 1989 amend the Student Assistance Regulations to reinstate the availability of AUSTUDY for students at certain non-government business colleges, reversing a previous decision to exclude them from eligibility. This amendment applies to individuals who are students enrolled in these colleges and are thereby restored to eligibility for AUSTUDY under the Student Assistance Act 1973. The amendment applies nationally, as it pertains to the overarching federal framework established by the Commonwealth for student assistance. There are no specified exclusions or exemptions within the amendment itself, though it operates within the parameters set by the overarching legislation and its previous iterations. The application and interpretation of these regulations may be further refined through subordinate instruments, which provide additional specifications and operational details that complement the primary legislative intent.
Key Provisions
The key provisions of the Student Assistance Regulations (Amendment) 1989, as referenced in Statutory Rules No. 119, primarily revolve around the reinstatement of certain educational institutions under the purview of the Student Assistance Act 1973. Regulation 2 of these rules inserts a new Schedule 3, which reinstates colleges that were previously omitted under a 1988 amendment. This amendment effectively reverses the decision made in the 1988/89 Budget context to discontinue the availability of AUSTUDY for students at most non-government business colleges, thereby restoring eligibility for student assistance to students enrolled in these institutions.
The obligations and requirements imposed by this Act primarily concern the eligibility criteria for students seeking AUSTUDY assistance. By reinstating certain colleges, the Act seeks to ensure that eligible students who attend these institutions are not unfairly disadvantaged. This reinstatement reflects the government’s recognition of the importance of continued access to student assistance for a broader range of educational institutions. Institutions now included in the amended Schedule 3 must comply with the relevant provisions of the Student Assistance Act and associated regulations to maintain eligibility for AUSTUDY.
The consequences for breach or non-compliance with the provisions of the Act are significant. While the Act itself does not explicitly outline specific penalties for breaches, it is integral to the broader legislative framework provided by the Student Assistance Act 1973. Non-compliance with the eligibility criteria or misrepresentation of information to secure AUSTUDY assistance could potentially lead to civil or criminal penalties under the overarching legislation. These could include fines or other sanctions as stipulated by the primary Act, which serves to uphold the integrity of the student assistance system.
In summary, the Student Assistance Regulations (Amendment) 1989 reinstates certain colleges under the eligibility criteria for AUSTUDY assistance, thereby ensuring that a wider range of students can access the support they need. The Act imposes clear obligations on these institutions to comply with the legislative requirements to maintain eligibility. Any breaches of these requirements could result in civil or criminal consequences, reinforcing the importance of adherence to the stipulated provisions.