Obligations, offences and penalties
A student, education provider or any other third party is required to provide complete and accurate information and advice, and in some cases, papers, documents, records or other things relevant to the determination of a student's eligibility or entitlement to a Student Allowance.
Failure or refusal to comply with a lawful request to supply information or documents or answer questions may result in the suspension of entitlement or the refusal to grant entitlement to a Student Allowance.
Education providers are also required to keep, maintain and provide MSD with access to enrolment records, when necessary to assess and determine eligibility or entitlement to a Student Allowance.
In some situations, it is an offence not to comply with these obligations and there are penalties relating to these offences.
For an offence to be proven, it must be prosecuted in a court of law. It is the court that decides whether to impose a penalty, and the amount of any penalty.
If there is information that suggests a student, education provider or third party has committed an offence, inform your manager.
For more information see:
Legislation
- Notification of change in student's circumstances affecting entitlement regulation 41 Student Allowances Regulations 1998
- Review of certain allowances regulation 45 Student Allowances Regulations 1998
- Disclosure of enrolment information by institutions Schedule 9, clause 8 Education and Training Act 2020
- Offences relating to information requests from MSD section 386 Education and Training Act 2020
- Disclosure of enrolment information by private training establishments Schedule 9, clause 9 Education and Training Act 2020
- Other offences relating to information requests from MSD section 387 Education and Training Act 2020
- Duties of private training establishments to maintain student records section 361 Education and Training Act 2020
- Offences relating to duties to maintain student records section 389 Education and Training Act 2020
- Disclosure of enrolment information by secondary schools Schedule 9, clause 2 Education and Training Act 2020
- Recipients of allowances or student loans, and other persons, may be required to provide information Schedule 9, clause 3 Education and Training Act 2020
- Suspension or refusal for not providing information Schedule 9, clause 4 Education and Training Act 2020
- Offences concerning allowances and student loans section 396 Education and Training Act 2020
