Determination No. 1999/2 - Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973
Reference: Education 1999/2
Document type: Legislative Instrument
Enabling act: Student Assistance Act 1973
Date of issue: 26 November 1999
Signatory: David Kemp Minister for Education, Training and Youth Affairs


2. This Determination shall commence on 1 January 2000.: Repeal 3. The Student Assistance Act 1973 Determination No 1999/1, entitled "Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973" and made on 22 June 1999, is repealed.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 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; "ARF" means the Australian Recognition 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 Apprenticeship Access programme" means a vocational education and training programme funded by the Department of Education, Training and Youth Affairs 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) an accredited preparatory course for higher education that is a programme 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 Apprenticeship 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 at least one subject or module 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. (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; (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; (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) an accredited preparatory course for higher education that is a programme designed to assist people to gain entry to higher education level courses (including enabling and bridging courses); (a) an accredited vocational education and training course; or (b) a sequence of training consisting of at least one subject or module 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. Education institutions 5.(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: (A) under the law of a State or Territory; or (B) for the payment of government capital or recurrent grants; or (C) for the payment of government bursaries or allowances to its students; (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: (A) under the law of a State or Territory; or (B) for the payment of government capital or recurrent grants; or (C) for the payment of government bursaries or allowances to its students; (i) a government secondary school; or (ii) a non-government secondary school that is recognised as a secondary school: (A) under the law of a State or Territory; or (B) for the payment of government capital or recurrent grants; or (C) for the payment of government bursaries or allowances to its students; (A) under the law of a State or Territory; or (B) for the payment of government capital or recurrent grants; or (C) for the payment of government bursaries or allowances to its students; (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 Recognition Framework to provide one or more vocational education and training programmes; (b) a "special school", being a school located in Australia that is conducted primarily for students with a disability and is: (i) a government school; or (ii) a non-government school and is recognised as a secondary school: (A) under the law of a State or Territory; or (B) for the payment of government capital or recurrent grants; or (C) for the payment of government bursaries or allowances to its students. (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 Recognition Framework to provide one or more vocational education and training programmes; (b) a "special school", being a school located in Australia that is conducted primarily for students with a disability and is: (i) a government school; or (ii) a non-government school and is recognised as a secondary school: (A) under the law of a State or Territory; or (B) for the payment of government capital or recurrent grants; or (C) for the payment of government bursaries or allowances to its students. (i) a government school; or (ii) a non-government school and is recognised as a secondary school: (A) under the law of a State or Territory; or (B) for the payment of government capital or recurrent grants; or (C) for the payment of government bursaries or allowances to its students. (A) under the law of a State or Territory; or (B) for the payment of government capital or recurrent grants; or (C) for the payment of government bursaries or allowances to its students. Secondary Courses 6.(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. Tertiary Courses 7.(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. Column 1 - Course Column 2 - Education institution Accredited secondary course Secondary school Registered training organisation Higher education institution Special school ESL course Secondary school Special school Preparatory course Secondary school Registered training organisation Higher education institution Special school A course leading to an accredited secondary course qualification involving accredited secondary and accredited vocational education and training course subjects Secondary school Registered training organisation Higher education institution School-based apprenticeship or traineeship Secondary school Registered training organisation Higher education institution Special school Special school Registered training organisation Higher education institution Special school Registered training organisation Higher education institution Column 1 - Course Column 2 - Education institution Pre-vocational course Registered training organisation ESL course Registered training organisation Higher education institution Any other body approved by the relevant State or Territory authority to conduct the course A vocational education and training programme that is not a secondary course specified in Schedule 1. Higher education institution Registered training organisation Combined course - Vocational education and training, consisting of two or more separate vocational education and training programmes undertaken concurrently and each of which leads to the award of a qualification or statement of attainment Higher education institution Registered training organisation Undergraduate or postgraduate accredited higher education course that is an associate degree, associate diploma, diploma, advanced diploma, Bachelor degree, graduate degree, graduate certificate, graduate diploma, a NBCOTP funded course, a Master's qualifying course or a combined course which leads to two of these awards and is classified as such in the institution's handbook and is not: • a secondary course specified in Schedule 1; or • a Masters or Doctoral degree unless otherwise specified in Schedule 2. Higher education institution Registered training organisation Open Learning - a programme of assessment based study provided through the Open Learning Agency, Melbourne Higher education institution participating in the Open Learning programme Registered training organisation participating in the Open Learning programme Combined course - Higher education and vocational education and training, consisting of concurrent study in an accredited higher education course and a vocational education and training programme leading to the award of a separate qualification at each institution and that is classified in each institution's handbook as a combined course Higher education institution Registered training organisation Integrated undergraduate/postgraduate course leading to a Masters degree, excluding that year or years of the integrated course in excess of the normal full-time duration of the related undergraduate accredited higher education course or related undergraduate and postgraduate accredited higher education courses that are not at the Masters level. (That is, excluding the year or years relating to study at the Masters level). Higher education institution Higher education institution Any other body approved by the relevant State or Territory authority to conduct the course Registered training organisation Registered training organisation • a secondary course specified in Schedule 1; or • a Masters or Doctoral degree unless otherwise specified in Schedule 2. Registered training organisation Registered training organisation participating in the Open Learning programme Registered training organisation