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Master Courses Eligible For Austudy As of 2018
Master Courses Eligible For Austudy As of 2018
Master Courses Eligible For Austudy As of 2018
Compilation No. 15
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If a provision of the compiled law has been repealed in accordance with a provision of the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.
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.
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
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.
Tertiary courses
Item Column 1 Column 2
Course Education institution
1 Pre-vocational course Registered training organisation
2 ESL course Registered training organisation
Higher education institution
Any other body approved by the
relevant State or Territory to conduct
the course
3 VET course that is not: Higher education institution
(a) a secondary course specified in Schedule 1; or Registered training organisation
(b) a VET course specified in item 5
4 VET course that is not a VET course specified in Registered training organisation
item 5
5 VET course at the level of: Higher education institution
(a) diploma; or Registered training organisation
(b) advanced diploma; or
(c) graduate certificate; or
(d) graduate diploma
6 Undergraduate or postgraduate accredited higher Higher education provider within the
education course at the level of: meaning of the Higher Education
(a) associate degree; or Support Act 2003
(b) associate diploma; or
(c) Bachelor degree; or
(d) bridging study for overseas-trained
professionals; or
(e) postgraduate bachelor degree; or
(f) Masters qualifying course; or
(g) any of the following that is not a VET course:
(i) diploma;
(ii) advanced diploma;
(iii) graduate certificate;
(iv) graduate diploma; or
(h) a course that:
(i) leads to 2 of the above qualifications; and
(ii) is identified as a combined course in the
institution’s handbooks; and
(iii) is not a secondary course specified in
Schedule 1; and
(iv) is not a course accredited at Master or
Doctorate level (other than a course
specified in Schedule 3)
7 Open Learning that: Higher education institution
participating in Open Learning
Tertiary courses
Item Column 1 Column 2
Course Education institution
(a) is not a secondary course specified in Registered training organisation
Schedule 1; and participating in Open Learning
(b) is at the level of a VET course; and
(c) is not specified in item 8
8 Open Learning at the level of a VET course at the Higher education institution
level of: participating in Open Learning
(a) diploma; or Registered training organisation
(b) advanced diploma; or participating in Open Learning
(c) graduate certificate; or
(d) graduate diploma
9 Open Learning at the level of: Higher education provider within the
(a) associate degree; or meaning of the Higher Education
(b) associate diploma; or Support Act 2003 participating in
Open Learning
(c) Bachelor degree; or
(d) bridging study for overseas-trained
professionals; or
(e) postgraduate bachelor degree; or
(f) Masters qualifying course; or
(g) any of the following that is not a VET course:
(i) diploma;
(ii) advanced diploma;
(iii) graduate certificate;
(iv) graduate diploma; or
(h) a course that:
(i) leads to 2 of the above qualifications; and
(ii) is identified as a combined course in the
institution’s handbook; and
(iii) is not a secondary course specified in
Schedule 1; and
(iv) is not a course accredited at Masters or
Doctorate level (other than a course
specified in Schedule 3)
10 A course: To the extent that the course consists
(a) consisting of concurrent study, at 2 different of study in the accredited higher
institutions, in: education course—higher education
(i) an accredited higher education course; provider within the meaning of the
and Higher Education Support Act 2003
(ii) a VET course at the level of diploma, To the extent that the course consists
advanced diploma, graduate certificate or of study in the VET course:
graduate diploma; and (a) higher education institution; or
(b) that leads to the award of a separate (b) registered training organisation
qualification at each institution; and
(c) that is classified in each institution’s handbook
as a combined course
11 A course: To the extent that the course consists
(a) consisting of concurrent study, at 2 different of study in the accredited higher
institutions, in: education course—higher education
Tertiary courses
Item Column 1 Column 2
Course Education institution
(i) an accredited higher education course; provider within the meaning of the
and Higher Education Support Act 2003
(ii) a VET course other than at the level of To the extent that the course consists
diploma, advanced diploma, graduate of study in the VET course:
certificate or graduate diploma; and
(a) higher education institution; or
(b) that leads to the award of a separate
(b) registered training organisation
qualification at each institution; and
(c) that is classified in each institution’s handbook
as a combined course
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.