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F2012L02588
Portfolio: Tertiary Education,
Skills, Science and Research
Summary of committee view
2.1
The committee seeks clarification of the possible impact that the
removal of the three courses from the list of 'tertiary courses' may have on
the right to education and the right to social security.
Overview
2.2
This instrument amends the list of Masters courses provided by higher
education providers that are classified as 'tertiary courses' for the purposes
of the Student Assistance Act 1973 (the Act). The determination of
courses as 'tertiary courses' for the purposes of the Act allows people studying
those courses to qualify for certain income support payments under social
security law, such as Austudy and Youth Allowance (provided they meet the other
eligibility criteria for those payments).
2.3
The instrument lists 35 new courses, replaces the name of four courses,
and removes three existing courses from the list of 'tertiary courses'. The
three courses removed from the list are:
- Master of Nursing (Nurse Practitioner), Griffith University;
- Master of Teaching (Professional Practice) – Secondary, Griffith
University;
- Master of Teaching (Professional Practice) – Primary, Griffith
University.
2.4
These three courses were removed at the request of the education
provider as the provider considered that the courses are no longer eligible for
approval.
Compatibility with human rights
2.5
The statement of compatibility acknowledges that the instrument engages
the right to education contained in article 13 of the International Covenant on
Economic, Social and Cultural Rights (ICESCR) and concludes that the
'instrument is compatible with human rights as it may enable students to access
education.'
2.6
However, by removing three courses from the list of
'tertiary courses' for the purpose of the Act, the instrument may limit the
right to education contained in article 13 of ICESCR and the right to social
security contained in article 9 of ICESCR.
2.7
The committee seeks clarification from the Minister for Tertiary
Education, Skills, Science and Research in relation to the possible impact that
the removal of the three courses from the list of 'tertiary courses' may have
on the right to education and the right to social security. In addition, the
committee seeks information as to why it is considered that the three courses
are 'no longer eligible for approval'.
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