Student Identifiers (Higher Education Exemptions) Instrument 2021

Administered by Department of Education, Department of Employment and Workplace Relations

Legislation au F2021L01112 In force Legislative Instrument

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made under section 53A of the

Student Identifiers Act 2014

Compilation No. 2

Compilation date: 27 May 2023

Includes amendments up to: F2023L00611

About this compilation

This compilation

This is a compilation of the Student Identifiers (Higher Education Exemptions) Instrument 2021 that shows the text of the law as amended and in force on 27/05/2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name

3 Authority

4 Definitions

5 Matters to consider for exemptions by the Registrar

6 Exemptions given by the Education Minister

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1 Name

This instrument is the Student Identifiers (Higher Education Exemptions) Instrument 2021.

3 Authority

This instrument is made under section 53A of the Student Identifiers Act 2014.

4 Definitions

Note: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:

(a) Registrar;

(b) student identifier.

In this instrument:

Act means the Student Identifiers Act 2014.

Commonwealth supported student has the meaning given in Schedule 1 of the Higher Education Support Act 2003.

course of study has the meaning given in Schedule 1 of the Higher Education Support Act 2003.

FEE-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003.

HECS-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003.

OS-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003.

SA-HELP assistance has the meaning given in Schedule 1 of the Higher Education Support Act 2003.

unit of study has the meaning given in Schedule 1 of the Higher Education Support Act 2003.

visa holder has the meaning given in subsection 5(1) of the Migration Act 1958.

5 Matters to consider for exemptions by the Registrar

For the purposes of subsection 53A(7) of the Act, when considering a request to make a determination that subsection 53A(1) of the Act does not apply in relation to an individual, the Registrar must have regard to the following matters in making a decision:

(a) the purpose of individuals being assigned a student identifier for their higher education studies;

(b) the impact of not being assigned a student identifier on the individual;

(c) whether the individual will, or is likely to, apply for FEE-HELP assistance or HECS-HELP assistance, or become a Commonwealth supported student; and

(d) whether the individual understands the consequences of not being assigned a student identifier in relation to their higher education studies, including that the individual will not be:

(i) eligible to be a Commonwealth supported student, or for HECS-HELP assistance or FEE-HELP assistance for a unit of study of a course of study that they commenced on or after 1 January 2021 and for any unit of study on or after 1 January 2023;

(ii) entitled to OS-HELP assistance for applications on or after 1 January 2021;

(iii) eligible for SA-HELP assistance in relation to student services and amenities fees payable on or after 1 January 2023.

6 Exemptions given by the Education Minister

For the purposes of subsection 53A(3) of the Act, subsection 53A(1) does not apply to a conferral of a regulated higher education award on an individual where:

(a) the individual is not:

(i) an Australian citizen; or

(ii) a visa holder that has validly entered Australia on that visa; and

(b) the individual does not, at the time of the conferral of the regulated higher education award, reside in Australia; and

(i) completed, outside of Australia, all of the requirements to be conferred the regulated higher education award; or

(ii) completed all the requirements to be conferred the regulated higher education award, before 1 January 2023; or

(iii) commenced the course of study to which the conferral of the regulated higher education award relates, before 1 January 2023.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	orig = original
am = amended	par = paragraph(s)/subparagraph(s)
amdt = amendment	/sub‑subparagraph(s)
c = clause(s)	pres = present
C[x] = Compilation No. x	prev = previous
Ch = Chapter(s)	(prev…) = previously
def = definition(s)	Pt = Part(s)
Dict = Dictionary	r = regulation(s)/rule(s)
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expires/expired or ceases/ceased to have	rep = repealed
effect	rs = repealed and substituted
F = Federal Register of Legislation	s = section(s)/subsection(s)
gaz = gazette	Sch = Schedule(s)
LA = Legislation Act 2003	Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
o = order(s)	commenced or to be commenced
Ord = Ordinance

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Student Identifiers (Higher Education Exemptions) Instrument 2021	13 August 2021 (F2021L01112)	14 August 2021
Student Identifiers (Higher Education Exemptions) Amendment (Education Minister Exemptions) 2022	29 November 2022 (F2022L01536)	30 November 2022
Student Identifiers (Higher Education Exemptions) Amendment (Education Minister Exemptions) Instrument 2023	26 May 2023 (F2023L00611)	27 May 2023

Endnote 4—Amendment history

Provision affected	How affected
s 2 s 4	rep LA s 48D am F2022L01536
s 6	ad F2022L01536 am F2023L00611

Provision affected

How affected

s 2

s 4

rep LA s 48D

am F2022L01536

s 6

ad F2022L01536

am F2023L00611

Overview

The Student Identifiers (Higher Education Exemptions) Instrument 2021 was made under section 53A of the Student Identifiers Act 2014, aiming to address the gap in the assignment of student identifiers for international students who do not reside in Australia and who have completed their higher education courses outside of Australia or before a certain date. This legislative instrument outlines specific exemptions for individuals who do not meet the residency criteria for student identifier assignment, thereby preventing them from accessing certain educational benefits such as FEE-HELP, HECS-HELP, OS-HELP, and SA-HELP assistance. The enacting body responsible for this legislative instrument is the Parliament, with the primary policy objective being to ensure that student identifiers are assigned appropriately to those who are eligible, while also managing the potential impact on international students who have completed their studies abroad or before specified dates. The instrument requires the Registrar to consider various factors, including the individual's residency status and the implications of not being assigned a student identifier, when making decisions on exemptions.

Scope and Application

The Student Identifiers (Higher Education Exemptions) Instrument 2021 applies to individuals who are not required to be assigned a student identifier for their higher education studies under the Student Identifiers Act 2014. Specifically, it exempts certain international students from being assigned a student identifier if they do not meet the residency and citizenship criteria set out in the legislation. The instrument is applicable across Australia, as it operates under the authority of the Commonwealth. This legislative instrument provides exemptions based on the individual's citizenship status, residency, and the timing of their course completion or commencement. Notably, the instrument can extend its application through subordinate legislation, such as amendments made to it by the Education Minister. The exemptions provided by the Student Identifiers (Higher Education Exemptions) Instrument 2021 exclude international students who are Australian citizens, valid visa holders who have entered Australia on that visa, or those who reside in Australia at the time of the conferral of a regulated higher education award. Furthermore, the instrument exempts international students who have completed all requirements for their award outside of Australia or before 1 January 2023, or who commenced their course of study before 1 January 2023. The instrument's exemptions are specifically tailored to ensure that only those who meet certain criteria are excluded from the requirement to have a student identifier, thereby maintaining the integrity and purpose of the student identifier system for domestic and certain international students.

Key Provisions

The Student Identifiers (Higher Education Exemptions) Instrument 2021, made under section 53A of the Student Identifiers Act 2014, delineates the conditions under which individuals may be exempted from being assigned a student identifier for their higher education studies. Section 5 of this Instrument outlines the matters the Registrar must consider when deciding whether to exempt an individual from the requirement to be assigned a student identifier. These matters include the purpose of assigning student identifiers, the impact of non-assignment on the individual, and the individual's likelihood of applying for financial assistance or becoming a Commonwealth supported student. Additionally, the decision must account for whether the individual comprehends the consequences of not having a student identifier, which include ineligibility for certain financial aids and Commonwealth support. The obligations imposed by this legislation on the parties it governs primarily rest with the Registrar. When a request for exemption is submitted, the Registrar must meticulously consider the specified matters to make an informed decision. The Registrar must ensure that any decision aligns with the statutory objectives and does not unduly prejudice the individual's access to higher education benefits. Furthermore, the Registrar must communicate clearly to the applicant the ramifications of not having a student identifier, ensuring that the individual is fully aware of their eligibility for financial assistance and Commonwealth support. Failure to comply with the provisions of this Instrument can result in significant consequences for the affected individuals. For instance, an individual who is not assigned a student identifier in accordance with the Act may find themselves ineligible for FEE-HELP assistance, HECS-HELP assistance, OS-HELP assistance, and SA-HELP assistance. This ineligibility can have substantial financial implications, as these assistance programs are crucial for the affordability of higher education. Additionally, the individual may be ineligible to become a Commonwealth supported student, which could further limit their access to financial aid and support during their studies. The implications of non-compliance are thus both financial and educational, potentially hindering the individual's ability to pursue and complete their higher education studies.

Area of Law: Education Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Licensing & Registration; Reporting & Disclosure Obligations; Prohibited Conduct

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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