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Education 1999/1

Student Assistance Act 1973

I, DAVID KEMP, Minister for Education, Training and Youth Affairs make the following Determination under subsections 3(1) and 5D(1) of the Student Assistance Act 1973.

Legislative Instrument

Citation

1. This Determination may be cited as Determination No. 1999/1 - Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973.

Commencement

2. This Determination is deemed to have commenced on 1 January 1998.

Repeal

3. The Student Assistance Act 1973 Determination No 1998/2, entitled "Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973" and made on 23 June 1998, is repealed.

Interpretation

4. In this Determination, unless the contrary intention appears:

"accredited higher education course" means a course that is:

(a)
accredited as a higher education course by the authority responsible for the accreditation of higher education courses in the State or Territory in which the course is conducted; 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 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:

(a)
accredited as a vocational education and training course by the authority responsible for the accreditation of vocational education and training courses in the State or Territory in which the course is conducted; and
(b)
which is an activity under the Australian Vocational Education and Training Management Information and Statistical Standard, excluding all recreation, leisure and personal enrichment activity identified as Stream 1000.

"Act" means the Student Assistance Act 1973;
"AQF" means the Australian Qualifications Framework guidelines;
"ARF" means the Australian Recognition Framework;
"education institution" means an institution determined under subsection 3(1) of the Act specified in paragraph 5 of this Determination;
"endorsed training package" means a Training Package of national vocational qualifications based on industry competency standards which has been endorsed by the National Training Framework Committee of the Australian National Training Authority and endorsed by the relevant Ministers;
"ESL course" means a course of instruction in English as a second language;
"higher education institution" has the same meaning as in paragraph 5 of this Determination;
"Masters qualifying course" means a bridging course which 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;
"NBCOTP" means the National Office of Overseas Skills Recognition Bridging Course for the Overseas Trained Programme;
"New Apprenticeship Access programme" means an accredited vocational course meeting the requirements of the Australian Recognition Framework and conducted by a Registered Training Organisation and designed to provide preliminary training for those who are registered as unemployed and disadvantaged in the labour market prior to their participation in a New Apprenticeship;
"non-government higher education institution" has the same meaning as in paragraph 5 of this Determination;
"non-government Registered Training Organisation" has the same meaning as in paragraph 5 of this Determination;
"preparatory course" means a programme designed to assist people to gain entry to higher education level courses at a higher education institution and includes a tertiary bridging course conducted by a higher education institution;
"RATE" means the Register of Australian Tertiary Education;
"registered training organisation" means an organisation or education institution that is registered by the relevant State or Territory training recognition authority in accordance with the Australian Recognition Framework to provide vocational education and training, excluding those solely registered to provide skill, recognition (assessment only) services;
"secondary school" has the same meaning as in paragraph 5 of this Determination;
"special school" has the same meaning as in paragraph 5 of this Determination;
"Stream 2000 course" means an accredited vocational education and training course that is an activity within Stream 2000 of the Australian Vocational Education and Training Management Information and Statistical Standard (a course that provides remedial education or involves preparatory activities to enable participation in subsequent education or social settings and is of a type which aims to achieve basic skills and standards or to prepare students for further education); and
"TAFE institution" has the same meaning as "technical and further education (TAFE) institution" in paragraph 5 of this Determination.

Education institutions

5. (1) For the purposes of the Act, the following are regarded as education institutions:

(a)
a "secondary school", being an institution located in Australia that is:

(aa)
a government secondary school; or
(ab)
a non-government secondary school that is not conducted for profit of a person and is recognised as a secondary school:

(i)
under the law of a State or Territory: or
(ii)
for the payment of government capital or recurrent grants; or
(iii)
for the payment of government bursaries or allowances to its students.

(b)
a "technical and further education (TAFE) institution", being an institution that is a Registered Training Organisation and is conducted by a Commonwealth, State or Territory government authority.
(c)
a "higher education institution", being an institution listed in section 4 or paragraphs 34(4)(b)-(h) (inclusive) of the Higher Education Funding Act 1988.

(2) For the purposes of the Act, the following institutions, authorities or bodies are to be regarded as education institutions:

(a)
a "special school", being a school located h Australia that is conducted primarily for students having a mental or significant physical disability and is:

(aa)
a government school; or
(ab)
a non-government school that is not conducted for the profit of a person and is recognised as a secondary school:

(i)
under the law of a State or Territory; or
(ii)
for the payment of government capital or recurrent grants; or
(iii)
for the payment of government bursaries or allowances to its students.

(b)
a "non-government higher education institution", being an institution that is established under State or Territory government legislation or is registered by the relevant State or Territory higher education recognition authority and is not listed in section 4 of paragraphs 34(4)(b)-(h) (inclusive) of the Higher Education Funding Act 1988.
(c)
a "non-government Registered Training Organisation", being a Registered Training Organisation that is not conducted by a Commonwealth, State or Territory government authority.

Secondary Courses

6. (1) For the purposes of the Act, a course specified in Column 1 of Schedule I, and conducted by an education institution specified for that course in Column 2 of Schedule 1 is a secondary course.

(2) For the purposes of the Act, a course specified in Column 1 of Schedule 2 and conducted by the education institution specified for that course in Column 2 of Schedule 2 is a secondary course.

Tertiary Courses

7. (1) For the purposes of the Act, a course specified in Column 1 of Schedule 3 and conducted by an education institution specified for that course in Column 2 of Schedule 3 is a tertiary course.

(2) For the purposes of the Act, a course specified in Column 1 of Schedule 4 and at the education institution specified for that course in Column 2 of Schedule 4 is a tertiary course.

(3) For the purposes of the Act, no course accredited at Masters or Doctoral level offered by a higher education institution or a non-government higher education institution is a tertiary course unless expressly specified in Schedule 3 or 4.

Schedules are available in PDF file.


22 June 1999

David Kemp
Minister for Education, Training and Youth Affairs

Related Explanatory Statements:

Education 1999/1 - Explanatory Statement


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