EXPLANATORY STATEMENT
Issued by authority of the Minister for Education
STATUTORY RULES 1985 NO. 373
STUDENT ASSISTANCE REGULATIONS (AMENDMENT)
Legislative authority
The Student Assistance Act 1973 (‘the Act’) 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. Sections 10 and 11 provide that TEAS benefits are to be granted in accordance with the regulations. Paragraph (b) of section 36 enables regulations to be made in relation to Student Assistance Review Tribunal proceedings.
The present Statutory Rules amend the Student Assistance Regulations (‘the Regulations’) which give effect to the Act.
Content of amendments
The present Statutory Rules make the following changes to TEAS:
(i) A student is to be able to qualify as independent on the basis of employment or other work undertaken during periods of primary or secondary studies, if those studies were not undertaken at a school.
(ii) A student is not to be rendered ineligible for TEAS benefits by receiving educational assistance from the Australian Maritime College (as is normally the case where other Commonwealth educational assistance is received).
(iii) A student is not to receive additional living allowance for his or her spouse unless the spouse is actually dependent on the student.
(iv) Income received under the Commonwealth’s Special Assistance to Students’ Program is not to be subject to the more rigorous income test on income from educational assistance.
(v) A claim for fares allowance is to be lodged by 31 March following the relevant year of study, rather than 31 March following the year in which the journey is undertaken.
Some drafting changes have been made, including changes consequential on the amendments made by the Student Assistance Amendment Act 1985 (No. 185 of 1985). It is also provided that only the presiding Convenor of the Student Assistance Review Tribunal may issue a summons to appear as a witness in Tribunal proceedings; formerly any Tribunal member could issue a summons.
Details of the proposed amendments are attached.
Commencing dates
The amendments come into operation on 1 January 1986, except that regulations 5, 8 and 9 are deemed to have come into operation on 1 January 1985.
Regulation 5 modifies a change made to existing regulation 30 by Statutory Reules 1984 No. 473 with effect from 1 January 1985. Regulations 8 and 9
relate to income received under the Commonwealth’s Special Assistance to Students Program and are made retrospectively so as to apply from the introduction of the Program. Regulations 5, 8 and 9 do not prejudicially affect rights existing prior to the notification of the Stuatutory Rules in the Gazette.
ATTACHMENT
DETAILS OF PROPOSED REGULATIONS
Regulation 1 provides for commencement dates. Regulation 5 (which concerns independent status) and regulations 8 and 9 (which concern income received under the Commonwealth’s Special Assistance to Students Program) are deemed to have come into operation on 1 January 1985. The other regulations come into operation on 1 January 1986.
Regulation 2 modifies the application of the amendments made by regulation 11 to the provisions relating to the time limit for lodging a claim for fares allowance. Regulation 2 provides that the amendment will not affect a claim made in relation to a journey undertaken upon the conclusion of the 1984 year of study.
Regulation 3 amends existing regulation 3, which defines expressions used in the Regulations. It modifies the definition of ‘approved’ in sub-regulation 3 to take account of the new section 34A of the Act, which enables Ministerial powers to be delegated to senior Departmental officers. It also omits sub-regulation 3(4), as it is unnecessary in view of section 25C of the Acts Interpretation Act 1901.
Regulation 4 makes a drafting change to regulation 5 by omitting sub-regulation 5(2), which defined an expression no longer used in sub-regulation 5(1).
Regulation 5 amends regulation 30, which concerns independent status under TEAS. It clarifies that the provision, that
a student may not qualify as independent on the basis of work undertaken while pursuing primary or secondary studies, is only to apply if the student was studying at a school.
Regulation 6 amends regulation 33, which provides that a student is ineligible to receive assistance under TEAS if he or she receives any other Commonwealth benefit for education or vocational training. It has the effect that a student’s eligibility is not to be affected by receiving assistance from the Australian Maritime College.
Regulation 7 amends regulation 41, which provides for the TEAS income test applicable to students who qualify as independent. It has the effect that a student may qualify for an allowance for his or her spouse, only if the spouse is dependent on the student.
Regulations 8 and 9 amend regulations 41 and 42, which deal with the TEAS income tests for independent and non-independent students respectively. They provide that benefit received by a student under the Commonwealth’s Special Assistance to Students Program is not to be regarded as educational assistance, so that it is not to be subject to the more stringent test applied to income by way of educational assistance.
Regulation 10 makes drafting changes to regulation 47, which provides for the payment of the TEAS fares allowance. The changes reflect the possibility that journeys undertaken in respect of a year of study are not necessarily undertaken
in that year. The amendments are consequential in the amendment to be made by regulation 11.
Regulation 11 repeals the former regulation 47A, which dealt with the time limit for loding claims for fares allowance under TEAS, and substitutes a new regulation 47A in its place. The former regulation 47A provided that a claim should be lodged by 31 March of the year following the year in which the relevant journey is made; the new regulation 47A varies this in 31 March of the year following the year of study.
Regulation 12 makes a drafting change to regulation 48, which deals with the TEAS incidentals allowance, reflecting the previous omission of sub-regulation 48(2).
Regulation 13 makes a drafting change to the heading of Part V of the Regulations consequential on amendments to the Act. Part V deals with the operation of the Student Assistance Review Tribunal.
Regulation 14 inserts new regulation 75AA, defining expressions used in Part V of the Regulations. ‘Convenor’ is defined in relation to proceedings before the Student Assistance Review Tribunal (there will be a number of Tribunal Convenors, one of whom will preside at any particular proceedings). ‘Tribunal’ is defined as referring to the Student Assistance Review Tribunal.
Regulation 15 amends regulation 76, which deals with summonses to appear as witnesses before the Student Assistance Review
Tribunal. The amendment provides that only the presiding Convenor may issue a summons, rather than any member of a Tribunal (as was formerly provided).
Regulation 16 makes a drafting change to regulation 77, consequential on the change in the Act from ‘Chairperson’ to ‘Convenor’.
Regulation 17 makes drafting changes to regulation 78, consequential on amendments to the Act.
Regulation 18 repeals regulation 79, which ceased to be required with the insertion of paragraph 25(1)(aa) into the Act. Paragraph 25(1) (aa) repeats the provisions of the former regulation 79.
Regulation 19 makes drafting changes to regulation 80, consequential on amendments to the Act.
Regulation 20 makes a drafting change to Schedule 5, consequential on the amendments to the Act.