Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2)
made under subsections 3(1) and 5D(1) of the
Student Assistance Act 1973
Compilation No. 15
Compilation date: 28 June 2018
Includes amendments up to: Student Assistance Amendment (Education Institutions and Courses) Amendment Determination 2018 - F2018L00910
About this compilation
This compilation
This is a compilation of the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) that shows the text of the law as amended and in force on 28 June 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name of Determination
This Determination is the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2).
2 Commencement
This Determination commences on the day after it is registered.
3 Revocation
Student Assistance (Education Institutions and Courses) Determination 2009 (No. 1) is revoked.
4 Definitions
In this Determination:
accredited higher education course means a course that is:
(a) accredited as a higher education course by the TEQSA or taken to be a course accredited by TEQSA in relation to the provider for the purposes of the Tertiary Education Quality and Standards Agency Act 2011; or
(b) if a higher education institution is authorised by a law of the Commonwealth to accredit its own higher education courses — a course conducted and accredited as a higher education course by that institution.
accredited secondary course means a course accredited as a secondary course by the State or Territory authority responsible for the accreditation of secondary courses in the State or Territory in which the course is conducted.
Act means the Student Assistance Act 1973.
Australian Apprenticeships Access Programme means the programme of that name funded by the Department of Industry.
bridging study for overseas-trained professionals means the occupation-related subjects, course, tuition or training program that:
(a) is necessary for an overseas-trained professional to complete in order to meet the requirements for entry into their profession in Australia; and
(b) is provided by an educational institution that has been approved as a higher education provider under the Higher Education Support Act 2003.
ESL course means a course of instruction in English as a second language.
Masters qualifying course means a bridging course that gives participants the qualifications necessary for entry into a Masters degree course, but does not include any course which forms part of a Masters degree course.
National Register has the meaning that term is given in section 3 of the National Vocational Education and Training Regulator Act 2011.
Open Learning means a program of assessment based on study provided through Open Universities Australia Pty Ltd (ACN 053 431 888) trading as Open Universities Australia.
preparatory course means:
(a) a VET course that provides remedial education or involves preparatory activities to enable participation in subsequent education or social settings, and is of a type that aims to achieve basic skills and standards or to prepare students for further education; or
(b) a course offered by a higher education institution that is designed to assist people to gain entry to higher education level courses (including enabling and bridging courses).
pre-vocational course means a course designed to assist people to gain entry to a specific related VET course or an Australian Apprenticeship, and includes an Australian Apprenticeships Access Programme.
registered training organisation means a training organisation that is registered on the National Register as a registered training organisation.
special school means an institution located in Australia that is conducted primarily for students with a disability and is:
(a) a government school; or
(b) a non-government institution that is recognised as a school under the law of a State or Territory in which the institution is located.
student payment, for a student and a course, has the meaning given by subsection 11(4).
TEQSA means the Tertiary Education Quality and Standards Agency.
VET means vocational education and training.
VET accredited course means:
(a) a course accredited by a body under a delegation from the Australian Skills Quality Authority (ASQA); or
(b) a course accredited by ASQA.
VET course means
(a) the units of competency of a training package that is endorsed by the Ministerial Council which has responsibility for the VET Quality Framework;
(b) the modules of a VET accredited course; or
(c) the modules of a course accredited by the VET Regulator of a State which is a non-referring State within the meaning of section 7 of the National Vocational Education and Training Regulator Act 2011.
VET Quality Framework has the meaning that term is given in section 3 of the National Vocational Education and Training Regulator Act 2011.
vocational education and training program means a course that leads to an award of an Australian Qualification Framework (AQF) qualification or a Statement of Attainment, and the course must be:
(a) an accredited vocational education and training course; or
(b) a sequence of training consisting of one or more subjects or modules where each subject or module is from an accredited vocational education and training course; or
(c) a structured approach to the development and attainment of competencies for a particular AQF qualification specified in an endorsed training package.
5 Higher education institutions
For the definition of higher education institution in subsection 3 (1) of the Act, the following are to be regarded as higher education institutions for the purposes of the Act:
(a) an institution that is established by a law of the Commonwealth, a State or a Territory as a higher education institution;
(b) an institution registered or taken to be registered by TEQSA as a higher education provider.
6 Secondary schools
For the definition of secondary school in subsection 3 (1) of the Act, the following are to be regarded as secondary schools for the purposes of the Act:
(a) an institution located in Australia that is a government secondary school;
(b) an institution located in Australia that is recognised as a secondary school under the law of the State or Territory in which the institution is located.
7 Technical and further education institutions
For the definition of technical and further education institution in subsection 3 (1) of the Act, registered training organisations are to be regarded as technical and further education institutions for the purposes of the Act.
8 Other education institutions
For paragraph (d) of the definition of education institution in subsection 3 (1) of the Act, special schools are to be regarded as education institutions for the purposes of the Act.
9 Secondary courses
For paragraph 5D (1) (a) of the Act, a secondary course is a course:
(a) specified in Column 1 of the table in Schedule 1 to this instrument that is provided by an education institution specified for that course in Column 2 of that table; or
(b) provided by a secondary school, a registered training organisation or a higher education institution that leads to an accredited secondary course qualification involving:
(i) accredited secondary course subjects; or
(ii) a VET course.
10 Tertiary courses
(1) For paragraph 5D (1) (a) of the Act, a tertiary course is a full-time course:
(a) that is:
(i) specified in Column 1 of the table in Schedule 2 to this instrument and provided by an education institution specified for that course in Column 2 of that table; and
(ii) for a course specified in item 5 or 8 of that table —an approved course within the meaning of the VET Student Loans Act 2016; and
(iii) for a course specified in item 10 of that table—to the extent that the course consists of study in a VET course, an approved course within the meaning of the VET Student Loans Act 2016; or
(aa) to which section 11 of this instrument applies; or
(b) that is:
(i) accredited at Masters level; and
(ii) specified in Column 2 of the table in Schedule 3 to this instrument; and
(iii) provided by the education institution specified for that course in Column 1 of that table.
(2) Without limiting subsection (1), a course that meets the requirements of paragraph (1)(a), (aa) or (b) and is not a full-time course is a tertiary course for the purposes of paragraph 1061PC of the Social Security Act 1991.
(3) For paragraph 5D (1) (b) of the Act, a unit of a course mentioned in subsection (1) or (2) is part of a tertiary course.
11 Tertiary courses—transitional arrangements for certain Schedule 2 courses
(1) For the purposes of paragraph 10(1)(aa) of this instrument, this section applies to a course if:
(a) the course is specified in Column 1 of item 5, 6, 8, 9, 10 or 11 of the table in Schedule 2 to this instrument; and
(b) the course commenced before, on or after 1 January 2018; and
(c) when the course commenced, it was a tertiary course under paragraph 10(1)(a) of this instrument; and
(d) the course has ceased to be a tertiary course under that paragraph.
(2) Paragraph 10(1)(aa) of this instrument does not apply to the course in relation to a student if, immediately before the course ceased to be a tertiary course under paragraph 10(1)(a) of this instrument, the student was not receiving a student payment for the course.
(3) Paragraph 10(1)(aa) of this instrument ceases to apply to the course in relation to a student if, at or after the time the course ceased to be a tertiary course under paragraph 10(1)(a) of this instrument but before the student completes the course, the student ceases to be receiving a student payment for the course.
(4) A student is receiving a student payment for the course if the student is receiving any of the following because the student is undertaking the course:
(a) austudy payment under the Social Security Act 1991;
(b) assistance under the ABSTUDY scheme;
(c) youth allowance under the Social Security Act 1991 because the student is undertaking full‑time study;
(d) pensioner education supplement under the Social Security Act 1991.
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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| | o = order(s) |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | 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 |
| | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2) | 26 November 2009 | 27 November 2009 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2010 (No. 1) | 1 October 2010 | 2 October 2010 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2010 (No. 2) | 23 December 2010 | 24 December 2010 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2011 (No. 1) | 19 August 2011 | 20 August 2011 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2011 (No. 2) | 4 January 2012 | 5 January 2012 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (No. 1) | 24 December 2012 | 25 December 2012 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2013 (No. 1) | 12 December 2012 | 13 December 2012 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 1) | 19 June 2014 | 1 July 2014 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2014 (No. 2) | 17 December 2014 | 18 December 2014 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2015 (No. 1) | 18 March 2015 | 18 December 2014 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2015 (No. 2) | 24 December 2015 | 1 January 2016 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2016 (No. 1) | 9 September 2016 | 10 September 2016 | |
| Student Assistance (Education Institutions and Courses) Amendment Determination 2017 (No. 1) | 17 March 2017 | 18 March 2017 | |
| Student Assistance (Education Institutions and Courses) Determination 2017 (No. 2) | 7 August 2017 | | |
| Student Assistance (Education Institutions and Courses) Determination 2017 (No. 3) | 13 October 2017 | 1 January 2018 | |
| Student Assistance Amendment (Education Institutions and Courses) Amendment Determination 2018 | 27 June 2018 (F2018L00910) | 28 June 2018 | |
Endnote 4—Amendment history
| Provision affected | How affected |
| | |
| Section 4 Section 10 Section 11 Schedule 1 Schedule 2 Schedule 3 | am. F2014L00747; F2017L01347 am. F2017L01347 ad. F2017L01347 am. F2014L00747 rs. F2014L00747; F2017L01347 am. F2017L00994; rs. 2010 F2010L02575; rs. 2010 F2010L03413; rs. 2011 F2011L01693; rs. 2012 F2012L00004; rs F2012L02588; rs. F2013L02081; rs. F2014L00747; rs. F2014L01733; rs. F2015L00318; rs. F2015L02121; rs. F2016L01409; rs. F2017L00245; rs. F2018L00910 |
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