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SOCIAL SECURITY ACT 1991 - SECT 1061PI

Progress rules--tertiary students

Full-time students

             (1)  A person who is a full-time student in respect of a tertiary course satisfies the progress rules if:

                     (a)  in the case of a person who is enrolled in the course--on the day on which the person enrolled in the course; or

                     (b)  in the case of a person who is not yet enrolled in the course but intends to enrol in the course--on the day on which enrolments in the course are next accepted;

the time already spent by the student on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for that course.

Note:          For allowable study time for a course see subsection (3).

Concessional study-load students

             (2)  A person who is a concessional study-load student in respect of a tertiary course satisfies the progress rules if:

                     (a)  in the case of a person who is enrolled in the course--on the day on which the person enrolled in the course; or

                     (b)  in the case of a person who is not yet enrolled in the course but intends to enrol in the course--on the day on which enrolments in the course are next accepted;

the time already spent by the person on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for the course.

Note:          For allowable study time for a course see subsections (3) and (4).

Allowable study time--full-time students and 66% concessional study-load students

             (3)  The allowable study time for a course undertaken by a full-time student or a 66% concessional study-load student is:

                     (a)  if the minimum amount of time needed to complete the course as a full-time student is one year or less--that minimum amount of time; or

                     (b)  if the minimum amount of time needed to complete the course as a full-time student is more than 1 year and:

                              (i)  the student is enrolled, or intends to enrol, in a year-long subject; or

                             (ii)  the student's further progress in the course depends on passing a whole year's work in the course;

                            the minimum amount of time plus 1 year; or

                     (c)  in any other case--the minimum amount of time needed to complete the course as a full-time student plus half an academic year.

Allowable study time--25% concessional study-load students

             (4)  The allowable study time for a course undertaken by a 25% concessional study-load student is twice the minimum period in which it is possible to complete the course as a full-time student.

Time spent by person studying part-time

             (5)  If a student has studied part-time for a course over a certain period, the time spent by the student on that course is taken to be the proportion of that period calculated by using the formula:

where:

"normal full-time study" means the normal amount of full-time study for the course.

"study undertaken" means the amount of study undertaken part-time by the student for the course.

Current full-time students who have previously undertaken courses as concessional study-load students

             (6)  If:

                     (a)  a person is undertaking a course as a full-time student; and

                     (b)  the person has previously undertaken:

                              (i)  part of the course; or

                             (ii)  one or more than one other course at the same level as that course;

                            as a concessional study-load student; and

                     (c)  the time spent by the person undertaking the part of the course referred to in subparagraph (b)(i), or the course or courses referred to in subparagraph (b)(ii), (the previous study ) is not to be disregarded under subsection (7);

the time spent by the person undertaking the previous study is taken to be equal to the minimum amount of time that a full-time student would have taken to complete the previous study.

Matters to be disregarded in determining whether someone has exceeded the allowable study time

             (7)  In determining whether a person has exceeded the allowable study time (for a full-time student or a concessional study-load student), disregard the following:

                     (a)  if the person has completed a course (a pre-requisite course ), the completion of which is the normal requirement for admission to the course in which the person is enrolled, or intends to enrol--time spent undertaking the pre-requisite course;

                     (b)  a failed year of study, or a failed part of a year of study, if the failure is because of:

                              (i)  the person's illness; or

                             (ii)  other circumstances beyond the person's control;

                     (c)  time spent undertaking a course that has been permanently discontinued because of:

                              (i)  the person's illness; or

                             (ii)  other circumstances beyond the person's control;

                     (d)  time spent undertaking a course that has been completed but which, because of the person's illness, the person cannot use in any of the trades or profession to which the course is appropriate;

                     (e)  time spent undertaking a TAFE course if the normal length of the course for a full-time student is one year or less;

                      (f)  time spent undertaking a course more than 10 years ago, unless the course has since been completed;

                     (g)  time spent undertaking a course after 1973 if the course was not:

                              (i)  approved for the Tertiary Education Assistance Scheme; or

                             (ii)  approved for the AUSTUDY scheme; or

                            (iii)  an approved course for the purposes of paragraph 541B(1)(c), 569A(b) or 1061PB(1)(b) of this Act;

                     (h)  time spent undertaking a course at a foreign institution;

                      (i)  time spent undertaking a subject from which the student withdrew, if the educational institution in which the subject was undertaken did not record the withdrawal from the subject as a failure;

                      (j)  any time spent undertaking a course during which the person was ineligible to receive:

                              (i)  AUSTUDY; or

                             (ii)  a benefit under the Tertiary Education Assistance Scheme; or

                            (iii)  youth allowance; or

                            (iv)  austudy payment;

                            because of the application of rules in respect of academic progress.

Levels of tertiary courses

             (8)  There are 4 levels of tertiary courses--levels A, B, C and D.

Level A courses

             (9)  The following are Level A courses:

                     (a)  a postgraduate bachelor degree course, with or without honours;

                     (b)  a graduate or postgraduate diploma course;

                     (c)  a course of practical legal training at a higher education institution;

                     (d)  a course of advanced education regarded by an accrediting authority as being at PG1 level;

                     (e)  a graduate certificate course.

Level B courses

           (10)  The following are Level B courses:

                     (a)  a bachelor degree course (other than a postgraduate course), with or without honours;

                     (b)  the bachelor level component of a masters degree course with concurrent bachelor and masters level study;

                     (c)  a diploma course other than:

                              (i)  a graduate or postgraduate diploma course; or

                             (ii)  a course for which an entry requirement is successful completion of year 10 of secondary studies; or

                            (iii)  a TAFE course;

                     (d)  a Master's qualifying course;

                     (e)  the Barristers or Solicitors Admission Board's course;

                      (f)  a course of advanced education regarded by an accrediting authority as being at UG1 or UG2 level.

Level C courses

           (11)  The following are Level C courses:

                     (a)  an associate degree course;

                     (b)  an associate diploma course;

                     (c)  a diploma course at a TAFE institution for which an entry requirement is successful completion of year 12 of secondary studies;

                     (d)  a 2-year undergraduate diploma course.

Level D courses

           (12)  The following are Level D courses:

                     (a)  a TAFE course at a higher education institution;

                     (b)  a TAFE course, unless the course is in Level A, B or C.

Meaning of tertiary course

           (13)  For the purposes of this section, a course is a tertiary course if it is a course determined, under section 5D of the Student Assistance Act 1973 , to be a tertiary course for the purposes of that Act.



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