Education 2002/1

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Student Assistance Act 1973

I, BRENDAN NELSON, Minister for Education, Science and Training, make this Determination under subsections 3(1) and 5D(1) of the Student Assistance Act 1973.

Legislative Instrument

1 Citation

This Determination may be cited as Determination No. 2002/1 - Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973.

2 Commencement

This Determination shall commence on 1 January 2003.

3 Repeal

The Student Assistance Act 1973 Determination No 1999/2, entitled "Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973" and made on 26 November 1999, is repealed.

4 Interpretation

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 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 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;

"education institution" has the same meaning as in paragraph 5 of this Determination;

"endorsed training package" means a training package listed on the National Training Information Service of the Australian National Training Authority;

"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 Apprenticeships Access programme" means a vocational education and training programme funded by the Department of Education, Science and Training under the New Apprenticeships Access Programme;

"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 (including courses previously known as Stream 2000 courses); or

(b)

a preparatory course for higher education that is a programme 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 programme designed to assist people to gain entry to a specific related accredited vocational education and training programme or a New Apprenticeship, and includes a New Apprenticeships Access Programme;

"registered training organisation" has the same meaning as in paragraph 5 of this Determination;

"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;

"vocational education and training programme" means:

(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 Education Institutions

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

(a)

a "higher education Institution", being an institution that is established under Commonwealth or State or Territory government legislation as a higher education institution or is registered by the relevant State or Territory higher education recognition authority;

(b)

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

(i)

a government secondary school; or

(ii)

a non-government secondary school that is recognised as a secondary school under the law of a State or Territory in which the school is located.

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

(a)

a "registered training organisation", being 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 programmes;

(b)

a "special school", being an institution located in Australia that is conducted primarily for students with a disability and is:

(i)

a government school; or

(ii)

a non-government school that is recognised as a school under the law of a State or Territory in which the school is located.

6 Secondary Courses

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

7 Tertiary Courses

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

(2) For the purposes of the Act, no course accredited at Masters or Doctoral level offered by a higher education institution is a tertiary course unless expressly specified in Schedule 2.

SCHEDULE 1 - SECONDARY COURSES

SCHEDULE 2 - TERTIARY COURSES

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17 October 2002

Brendon Nelson
Minister for Education, Science and Training

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Registration Number: F2007B00716

Registration Date: 15 May 2007

Related Explanatory Statements:

Education 2002/1 - Explanatory Statement

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