EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment, Education and Training
STATUTORY RULES 1988 NO. 347
STUDENT ASSISTANCE REGULATIONS (AMENDMENT)
OUTLINE
1. The Student Assistance Act 1973 (“the Act”) provides the legislative basis for Postgraduate Awards. The present Statutory Rules amend the Student Assistance Regulations (“the Regulations”) that have been made under section 36 of the Act.
2. The amendments provide for the following changes:
(i) increase the Postgraduate Award living allowance levels;
(ii) remove the limits on income from other awards which provide benefits similar to those provided under a Postgraduate Award.
3. Item (i) will implement a decision taken in the 1988 Budget. Item (ii) will give effect to a policy decision.
COMMENCEMENT
4. The proposed amendments will take effect on 1 January 1989.
NOTES ON REGULATIONS
Regulation 1: Commencement
5. Regulation 1 will provide for the regulations to come into operation on 1 January 1989.
Regulation 2: Principal Regulations
6. Regulation 2 will provide that the Student Assistance Regulations are to be referred to as the “Principal Regulations”.
Regulation 3: Supplementary Assistance
7. Regulation 3 will amend existing regulation 51 by omitting subregulations (7), (7A), (7B), (7C), (8) and (9), which relate to limits on supplementary assistance allowable to an Award holder in addition to Postgraduate Award benefits.
Regulation 4: Living Allowance
8. Regulation 4 will amend existing regulation 70, which provides for the payment of living allowance under Postgraduate Awards. It will increase the basic rate of living allowance from $8,882 a year to $10,415 a year.
Overview
The Student Assistance Regulations (Amendment) Statutory Rules 1988 No. 347, issued under the authority of the Minister for Employment, Education and Training, were enacted to amend the Student Assistance Regulations made under the Student Assistance Act 1973. This legislation addresses the need to update the financial assistance provided to postgraduate students, specifically increasing the living allowance and removing income limits from other awards that provide similar benefits. These amendments were made to align with the 1988 Budget decision and a policy choice aimed at providing greater support to postgraduate students. The changes are set to take effect from 1 January 1989, as outlined in the commencement regulations, ensuring that the updated support measures are implemented promptly and effectively.
Scope and Application
The Student Assistance Regulations (Amendment) Statutory Rules 1988 No. 347 amend the Student Assistance Regulations made under the Student Assistance Act 1973. These regulations apply to individuals who are recipients of Postgraduate Awards under the Act, including students who are pursuing higher education or vocational training. The amendments increase the living allowance levels for Postgraduate Award recipients and remove the limits on income from other awards that provide benefits similar to those under a Postgraduate Award. These changes are effective from 1 January 1989. The amendments do not specify any exclusions, exemptions, or thresholds beyond the adjustments to the living allowance and supplementary assistance limits. The regulations themselves do not extend or restrict application beyond what is explicitly stated in the amendments, which are limited to the changes outlined in the explanatory statement.
Key Provisions
The Student Assistance Regulations (Amendment) Statutory Rules 1988 No. 347, issued under section 36 of the Student Assistance Act 1973, introduce several amendments that primarily affect Postgraduate Awards. These changes, which are set to take effect on 1 January 1989, include an increase in the living allowance levels for Postgraduate Award recipients and the removal of limits on income from other awards that provide similar benefits. The first amendment (Regulation 4) increases the basic annual living allowance from $8,882 to $10,415, ensuring that recipients receive a higher amount to support their living expenses during their studies. The second amendment (Regulation 3) removes the restrictions on additional income from other awards that offer benefits comparable to those provided under a Postgraduate Award, thereby providing more flexibility to students in managing their financial support.
The amended regulations impose specific obligations on the parties governed by them. Award recipients must now ensure they are aware of and comply with the updated living allowance rates. Additionally, institutions providing supplementary assistance must adjust their support mechanisms to align with the new regulations, particularly in relation to the removal of limits on supplementary assistance. These changes necessitate that both students and institutions stay informed about the updates and adjust their practices accordingly. It is also the responsibility of the awarding bodies to ensure that the amended regulations are correctly implemented and that recipients are appropriately informed about the changes.
Failure to comply with the amended Student Assistance Regulations could result in various consequences. While the explanatory statement does not explicitly outline specific penalties for non-compliance, breaches of statutory regulations can typically lead to civil or criminal consequences, depending on the severity of the breach. For instance, incorrect application of the living allowance rates could result in financial discrepancies, which might attract scrutiny from regulatory bodies. In cases of significant non-compliance, the authorities might impose fines or other penalties as stipulated by relevant legislation. The precise penalties would depend on the nature and extent of the breach, but they could include administrative penalties, legal action, or other corrective measures to ensure adherence to the amended regulations.