Primary Eligibility Criteria for ABSTUDY: Chapter 11 - Approved Courses of Study

To be eligible for ABSTUDY assistance, a student or Australian Apprentice must be:

• studying;

• at an approved education institution (secondary and tertiary), and
• in an approved course, or

• undertaking an approved Testing and Assessment activity to determine their suitability to undertake an approved course; or

• have a current Commonwealth Registration Number in respect of a full-time apprenticeship, traineeship or trainee apprenticeship under the scheme known as Australian Apprenticeships.

With the exception of Indigenous Special Courses provided by a correctional services authority, the Determination of Education Institutions and Courses under the Student Assistance Act 1973 provides the legal basis for determining which education institutions and courses are approved under ABSTUDY policy.

For students to be eligible for the full range of ABSTUDY Awards, the course must also be approved as a full-time course. Where a course can only be approved as a part-time course, Part-time Award is payable.

11.1.1 Mode of study

An approved course may be studied by:

• attendance at classes;
• distance education/correspondence;
• external studies;
• open learning;
• flexible delivery; or
• a mode of study featuring a combination of the above.

Approved education institutions for secondary level studies awards under Schooling A, Schooling B, Part-time Award and Lawful Custody Award are:

• government schools including those offering distance education/correspondence courses;
• non-government education institutions offering primary, ungraded, secondary or special courses accredited by the relevant State or Territory education authority;
• senior secondary colleges;
• TAFE institutions;
• Higher Education Providers; and
• Correctional services authorities providing secondary level Indigenous Special Course/s for students in Lawful Custody.

11.2.1 Secondary school

A secondary school is a school in Australia or on Christmas Island or Cocos (Keeling) Islands that is:

• a government secondary school, or
• a non-government school that is not conducted for profit and is recognised as a secondary school under State or Territory law;

i. for the payment of government capital or recurrent grants, or
ii. for the payment of government grants or bursaries to the students.

11.2.2 Special schools

To be approved for ABSTUDY allowances, students at special schools are required to:

• study at an approved special school, ie, a school conducted primarily for students having a significant physical, intellectual behavioural or psychiatric disability that is:

• a government school, or
• a non-government school that is recognised as a school under the law of a State or Territory, or

i. for the payment of government capital or recurrent grants, or
ii. for the payment of government bursaries or allowances to its students; and

• undertake study that the State/Territory education authority, non-government education authority or school Principal has stated, in writing, to be at secondary level.

11.2.2.1 Secondary course at a special school

A special school programme is accepted as a "secondary course" for ABSTUDY purposes where an education authority determines the course to be secondary. The assessment of the level of study undertaken by individual students attending special schools appropriately rests with an education authority, usually the relevant State/Territory or non-government education authority, as appropriate or, in some cases, the school Principal.

Approved education providers for tertiary level studies are:

• higher education providers that attract Australian Government funding;
• TAFE institutions;
• Independent Indigenous Vocational Education and Training Providers (IIVET);
• Private education providers provided

• their primary focus is education, and
• they are registered, and
• their courses are accredited by the relevant State/Territory education authority

• Correctional services authorities providing tertiary level Indigenous Special Course/s for students in Lawful Custody;
• Bond University; and
• Open Learning Australia.

The following education institutions are not approved institutions for the purposes of ABSTUDY assistance:

• the International Institute of Business and Technology (WA);
• the Australian Institute of Sport and the State based equivalents; and
• any education institution not defined in the Determination of Education Institutions and Courses under the Student Assistance Act 1973.

11.5.1 Mainstream courses

A mainstream course is a course available to all members of the Australian community.

All mainstream courses approved under the `Determination of Education Institutions and Courses' (see Appendix B) are also approved for ABSTUDY. The Determination does not specify full or part-time courses.

11.5.2 Indigenous special courses of study

Indigenous special courses of study are courses developed with course content designed specifically for Australian Aboriginal and Torres Strait Islander students. Indigenous special courses of study may be approved subject to the course meeting course requirements below:

• not being identified in 11.6 as an excluded course,

• this includes courses which are comprised wholly or substantially of Away-from-base activities, and

• having a vocational education focus; and being either:

• a course accredited by an education institution or relevant State/ Territory authority, or
• a study programme approved by a correctional services authority for a student in lawful custody.

11.5.2.1 Indigenous special courses of study where there is an equivalent mainstream course

Where there is an equivalent mainstream course, Indigenous special courses of study are to be approved in the same way as the mainstream course.

The following courses are not approved for ABSTUDY (with the exception of Lawful Custody Award):

• courses conducted through a non-registered education institution;
• non-accredited higher education or TAFE-equivalent courses conducted by private providers;
• non-accredited vocational education and training programmes comprising a sequence of training that consists of modules from other vocational education training courses; or
• any course not defined in the Determination of Education Institutions and Courses under the Student Assistance Act 1973.

Also excluded are:

• Australian Government funded programs such as:

• mainstream Labour Market Programs; or
• community-based strategies; or
• courses conducted through the Community Development Employment Projects (CDEP) scheme; or
• courses conducted through government departments/agencies available only to their employees;
  
  
• courses comprised wholly or substantially of Away-from-base activities; and 
• courses which are not available to all members of the Australian community.

11.6.1 Courses that are wholly or substantially Away-from-base activities

A course is considered to be comprised wholly of Away-from-base activities where there are no course work requirements in addition to the Away-from-base activities.

A course is considered to be comprised substantially of Away-from-base activities where there are minimal course work requirements in addition to the Away-from-base activities.

Courses are not considered to be comprised substantially of Away-from-base activities where there is an ongoing requirement for students to undertake course work throughout their study period, both during and between the Away-from-base activities.

11.7.1 Full-time courses

For the purposes of ABSTUDY, the normal amount of full-time study in respect of a course is:
(a) if:

• the course is a course of study within the meaning of the Higher Education Support Act 2003; and
• there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;

the full-time student load for the course; or

(b) if the course is not such a course but the student undertakes a study amount as defined by the institution as a full-time course of study that a full-time student should typically undertake in respect of the course; or

(c) otherwise an amount of full-time study equivalent to the average amount of full-time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.

Without limiting the above, the normal amount of full-time study in respect of a course is an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.

Students undertaking courses that may be classified as full-time courses may be assessed for entitlements under all ABSTUDY Awards, subject to their study-load and eligibility for study-load concessions.

11.7.1.1 Full-time Australian Apprenticeships

For the purposes of ABSTUDY, eligible Australian Apprentices undertaking an apprenticeship, traineeship or trainee apprenticeship are those whose training contract is considered full-time by DEEWR.

11.7.2 Part-time courses

A course must be regarded as a part-time course if:

• it does not meet one of the above criteria; or
• a full-time workload cannot be defined (courses without attendance requirements which cannot verify full-time study requirements).

Students undertaking such courses can be approved only for entitlements under the Part-time Award and Lawful Custody Award. Study-load concessions cannot be applied to such courses.

11.7.3 Two part-time courses

Two part-time courses cannot be grouped to make one full-time course. The student is entitled to the benefits arising from each Part-time Award.

Exceptions to this are:

• articulated courses, where two or more courses are linked together to form an overall qualification; and
• two associated courses where one merges with or leads into the other course, e.g. a bridging course leading into a degree course, or a supplementary program studied concurrently with a degree course; and
• composite courses, also known as nested courses, where units from two or more different accredited courses that have the same course title recognised under the Australian Qualification Framework (AQF) are part of a coherent study sequence and lead to, or form part of, an overall qualification.

Most approved courses and their level are defined in the ‘Determination of Education Institutions and Courses’ in Appendix B.

11.8.1 Secondary courses

An accredited secondary course means a course accredited as a secondary course by the authority responsible for the accreditation of those courses in the State or Territory in which the course is conducted.

An accredited secondary course can include both accredited secondary subjects and accredited Vocational Education and Training (VET) subjects leading to a VET qualification. These courses undertaken at a secondary school are secondary courses.

Secondary courses may also be secondary level or preparatory courses provided at other education providers, e.g. TAFE colleges, senior secondary colleges, universities or non-government institutions.

Preparatory courses for tertiary study, also known as bridging, access or enabling courses, are secondary level courses. English as a Second Language (ESL) and Language, Literacy and Numeracy Programs, and Certificate in General Education for Adults courses are also secondary level courses.

Indigenous special courses provided by a correctional services authority may also be secondary level. They are not required to be accredited to attract ABSTUDY under the Lawful Custody Award.

11.8.2 Tertiary courses

An accredited higher education course means a course that is:

• accredited as a higher education course by the authority responsible for the accreditation of those courses in the State or Territory in which the course is conducted; or
• if a higher education institution or a non-government institution is authorised by the 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.

An accredited vocational education and training course means a course accredited as a vocational education and training course by the authority responsible for the accreditation of those courses in the State or Territory in which the course is conducted, and conducted by a Registered Training Organisation, which includes TAFE, secondary school, some non-governmental providers, Vocational Education and Training providers, and in some circumstances, a higher education institution.

Indigenous special courses provided by a correctional services authority may also be tertiary level. They are not required to be accredited to attract ABSTUDY under the Lawful Custody Award.

11.8.2.1 Australian Apprenticeships Access Programme (AAAP) courses

Australian Apprenticeships Access Programme (AAAP) courses are considered to be tertiary level courses.

11.8.3 Deciding whether courses are Secondary or Tertiary level

Institutions may not specify whether a course is secondary or tertiary level; this will particularly be the case in respect of non-government institutions offering vocational education and training courses. In order to assess whether a course should be classified as a secondary or a tertiary course, the course documentation, such as a course prospectus, should be referred to in addition to the Determination of Education Institutions and Courses at Appendix B.

11.8.4 Courses with Secondary and Tertiary subjects

Where a course includes both secondary and tertiary subjects, it should be determined to be either a secondary course or a tertiary course as referred to in 11.8.3.

11.9.1 Short courses

A short course is a course where the normal minimum duration for a full-time student to complete the course is not more than 30 weeks. This period includes any holidays and vacations.

11.9.2 Full year course

A full year course is a course where the normal minimum duration for a full-time student to complete the course is 30 weeks or more. Students studying in full year courses normally study for the whole academic year.

An articulated course is considered a full year course where two or more short courses are linked together to form the same award or accreditation, and the normal minimum duration for a full-time student to complete this overall course is 30 weeks or more.

11.9.3 Late starting courses

A late starting course is one that starts between 1 April and 30 June or between 1 August and 31 December in the year of study, inclusive.