EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 35
Issued by the authority of the Minister for Education
STUDENT ASSISTANCE REGULATIONS (AMENDMENT)
The present Statutory Rules amend the Student Assistance Regulations (the Regulations), which are made under section 36 of the Student Assistance Act 1973 (the Act). The Act provides the legislative authority for the Tertiary Education Assistance Scheme (TEAS) and for Postgraduate Awards.
TEAS provides assistance on a non-competitive basis for students undertaking approved full-time post-secondary courses. Assistance under TEAS is granted in respect of a calendar year, or part of a year, so that a fresh application needs to be made each year. Applications for TEAS are required to be lodged within specified time limits and, where a late application is lodged, living allowance is generally payable only from the day on which the application is received.
The present amendments repeal the existing provisions dealing with the time limits for lodging applications under TEAS and substitute new provisions in their stead. The existing regulations are complex and this has caused Departmental officers problems in administering them; they also contain some very minor anomalies. Several minor drafting changes
have also been made.
The following changes are made:
(i) It is clarified that a student’s entitlement to benefits because of circumstances occurring before the relevant year is not affected if there is a delay in explaining the circumstances to a Departmental officer, provided the application is lodged in time.
(ii) A student may become entitled to benefits because of a change in circumstances. In some cases, the expiration of a qualifying period may constitute the change in circumstances and the student will qualify retrospectively from the beginning of the qualifying period. To assist students in this situation, the provisions are modified so that the student is required to notify the Department within 28 days from the change in circumstances, rather than within 28 days from the beginning of the period for which assistance becomes payable, as was formerly required.
(iii) The requirement to notify a change in circumstances which renders a student entitled to benefits now applies in all such cases, not only where the student has been notified that the initial application was unsuccessful.
(iv) The provisions regarding students undertaking short courses are brought into line with the provisions for other students. Formerly they differed in some minor respects.
Notes on individual regulations
Regulation 1 amends the existing sub-regulation 29(1), which defines expressions used in Part III of the Regulations, by inserting the following:
• A definition of “applicable lodgment date”. This definition summarises the existing time limits for lodging TEAS applications: 31 March for applications in respect of the first semester or the full year; 31 July for applications in respect of the second semester; 28 days after the course commences in the year for applications in respect of short courses.
• A definition of “short course”, which is defined as an approved course which does not extend beyond 30 weeks in duration.
Regulation 1 also amends the definition of “commencing date”, to include the new definition of “short course”.
Regulation 2 repeals sub-regulation 37(2) and substitutes a new sub-regulation 37(2), which includes the new definition of
“short course”. Sub-regulation 37(2) provides for the termination of assistance under TEAS from the expiration of the day on which the student ceases to undertake, or completes, a short course.
Regulation 3 repeals existing regulation 39 and substitutes a new regulation 39 to effect minor drafting changes consistent with the new regulations 45 and 45A. Regulation 39 provides that assistance under TEAS expires at the end of the calendar year, unless it was previously terminated.
Regulation 4 repeals existing regulations 45, 45A, 45B and 45BA, which deal with time limits for applications for assistance, and substitutes new regulations 45, 45A and 45B.
• New regulation 45 provides that living allowance is payable only from the day on which an application under TEAS is received if the application is late, ie is received after the closing date for lodgment of the application. (The new regulation 45 replaces existing sub-regulations 45(3), 45A(3) and 45B(3).)
• New regulation 45A applies to a student who does not initially qualify for benefits under TEAS but who subsequently becomes entitled to benefits because of a change in his or her circumstances. Living allowance is payable only from the day on which a Departmental officer is advised of the change in circumstances if the advice is
received more than 28 days after the change and after the applicable lodgment date; the advice is to be by lodging an application or a supplementary notification, whichever is appropriate. (The new regulation 45A replaces existing regulations 45, 45A and 45B, other than sub-regulations 45(3), 45A(3) and 45B(3).)
New regulation 45B provides that where, because of circumstances beyond the student’s control, there is a delay in a student furnishing a Departmental officer with an application or notification within the prescribed time limit no account will be taken of the delay. (The new regulation 45B replaces existing regulation 45BA.)
Overview
The Student Assistance Regulations (Amendment) 2004 was enacted to address complexities and minor anomalies within the existing Student Assistance Regulations, which govern the Tertiary Education Assistance Scheme (TEAS). This scheme provides non-competitive assistance to students enrolled in approved full-time post-secondary courses on a yearly basis. The existing regulations were found to be problematic for Departmental officers in their administration, leading to the need for clarification and simplification. The policy objective of these amendments is to streamline the application process, ensuring that students receive the assistance they are entitled to without unnecessary delays, and to address specific issues such as the timing of notifications regarding changes in a student's circumstances and the definition of a "short course". The regulations were issued by the Minister for Education under the authority of the Student Assistance Act 1973.
Scope and Application
The Student Assistance Regulations (Amendment) Statutory Rules 1985 No. 35, issued under the authority of the Minister for Education, pertain to the Tertiary Education Assistance Scheme (TEAS) and Postgraduate Awards as outlined in the Student Assistance Act 1973. These regulations apply to students undertaking approved full-time post-secondary courses who seek assistance under TEAS. The provisions of these regulations are intended to streamline the application process and rectify complexities and minor anomalies within the existing regulatory framework. The amendments introduced by these rules aim to clarify certain conditions and deadlines for lodging applications and notifications, ensuring that students who experience changes in their circumstances can still qualify for benefits without unnecessary administrative hurdles. The application of these regulations is national, as they are made under the Commonwealth legislative authority.
The regulations specifically address the timelines for lodging applications, modifying the requirements for notifying the Department of changes in circumstances and aligning the rules for students undertaking short courses with those for other students. Notably, the rules clarify that a student's entitlement to benefits is not affected by delays in notifying the Department of pre-existing circumstances, provided the application is submitted within the stipulated timeframe. Additionally, the rules extend the grace period for students to notify the Department of changes in circumstances, allowing for more flexibility in cases where a qualifying period has expired. These amendments ensure that the administration of TEAS remains efficient and equitable, while accommodating the diverse needs of students within the Australian education system.
Key Provisions
The Student Assistance Regulations (Amendment) (C2004L01085) introduces significant changes to the existing Student Assistance Regulations, which are made under section 36 of the Student Assistance Act 1973. These amendments aim to streamline the administration of the Tertiary Education Assistance Scheme (TEAS) by clarifying time limits for lodging applications and correcting minor anomalies in the regulations (regs 1-4). Firstly, the regulations clarify that a student's entitlement to TEAS benefits is not affected by delays in explaining circumstances that occurred before the relevant year, as long as the application is lodged within the specified time limits (reg 45B). Secondly, students who become entitled to benefits due to a change in circumstances can qualify retrospectively from the beginning of the qualifying period, provided they notify the Department within 28 days of the change, rather than from the start of the period for which assistance becomes payable (reg 45A). Thirdly, the requirement to notify a change in circumstances that renders a student entitled to benefits now applies in all cases, not just when the initial application is unsuccessful (reg 45A). Fourthly, the provisions regarding students undertaking short courses are aligned with those for other students, ensuring consistency in the application of the regulations (regs 1, 2 and 3).
The Student Assistance Regulations (Amendment) imposes several obligations on students and the Department of Education. Students are required to lodge their TEAS applications within the specified time limits (reg 45). They must also notify the Department of any changes in circumstances that may affect their entitlement to benefits within 28 days of the change (reg 45A). The Department, in turn, is responsible for processing applications and determining eligibility for TEAS benefits in accordance with the amended regulations. The Department must also ensure that the provisions are applied consistently and fairly to all students, regardless of the type of course they are undertaking.
Failure to comply with the Student Assistance Regulations (Amendment) may result in civil and criminal consequences, depending on the nature and severity of the breach. The maximum penalties for breaches of the regulations are not explicitly stated in the legislation, but they may include fines, imprisonment, or both, depending on the specific provisions of the Student Assistance Act 1973 and other relevant legislation. It is important for students and the Department to understand and adhere to the requirements of the amended regulations to avoid any potential penalties or consequences.