Education 2009/1

---

Student Assistance Act 1973

I, JULIA EILEEN GILLARD, Minister for Education, acting under subsections 3(1) and 5D(1) of the Student Assistance Act 1973, make this Determination.

Legislative Instrument

1 Name of Determination

This Determination is the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 1).

2 Commencement

This Determination commences on the day after it is registered.

3 Revocation

Student Assistance (Education Institutions and Courses) Determination 2008 (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 an authority responsible for the accreditation of higher education courses in a State or Territory; or

(b)

if a higher education institution is authorised by a law of the Commonwealth or a law of the State or Territory in which the institution is located 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.

accredited vocational education and training course means a course that leads to an award of an AQF qualification or a Statement of Attainment, and the course must be accredited as a vocational education and training course by:

(a)

the authority responsible for the accreditation of vocational education and training courses in the State or Territory in which the course is conducted; or

(b)

if the State or Territory in which the course is conducted recognises the accreditation of vocational education and training courses in another State or Territory - the authority responsible for the accreditation of vocational education and training courses in that other State or Territory.

Act means the Student Assistance Act 1973.

AQF means the Australian Qualifications Framework guidelines.

AQTF means the Australian Quality Training Framework.

Australian Apprenticeships Access Programme means the program of that name funded by the Department of Education, Employment and Workplace Relations.

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.

course of combined studies means a vocational education and training course that:

(a)

consists of modules from two or more separate vocational education and training programs; and

(b)

leads to an award of a single AQF qualification or a Statement of Attainment.

endorsed training package means a training package listed on the National Training Information Service website of the Department of Education, Employment and Workplace Relations.
Note The website is www.ntis.gov.au.

ESL course means a course of instruction in English as a second language.

integrated undergraduate/postgraduate course means a course where:

(a)

an accredited tertiary qualification other than a Masters degree or a Doctorate degree must be an available outcome for students undertaking the course; and

(b)

the course is not described as a Masters course but it may be converted into a Masters course specified in Schedule 3.

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.

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)

an accredited vocational education and training 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 accredited vocational education and training program or an Australian Apprenticeship, and includes an Australian Apprenticeships Access Programme.

registered training organisation means an organisation that is registered by the relevant State or Territory training recognition authority in accordance with the Australian Quality Training Framework to provide one or more vocational education and training programs.

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.

vocational education and training program means a course that leads to an award of an 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 by the relevant State or Territory higher education recognition authority as a higher education institution.

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; and

(ii)

accredited vocational education and training course subjects.

10 Tertiary courses

(1) For paragraph 5D (1) (a) of the Act, a tertiary course is a full time course:

(a)

specified in Column 1 of the table in Schedule 2 to this instrument that is provided by an education institution specified for that course in Column 2 of that table; 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) For paragraph 5D (1) (b) of the Act, a unit of a course mentioned in subsection (1) is part of a tertiary course.

Schedule 1 Secondary courses

(section 9)

Schedule 2 Tertiary courses

(paragraph 10(1)(a) and subsection 10(2))

Schedule 3 Approved tertiary courses at Masters level

(paragraph 10(1)(b) and subsection 10(2))

---

13 March 2009

Julia Elileen Gillard
Minister for Education

---

Registration Number: F2009L01134

Registration Date: 20 March 2009

Related Explanatory Statements:

Education 2009/1 - Explanatory Statement

---