Statutes
The Education and Training Act 2020 is the primary legislation for the Student Allowances Scheme.
The detailed eligibility and entitlement criteria are provided in the Student Allowances Regulations 1998.
The following statutes provide the legal authority for the administration of the Student Allowances Scheme.
Education and Training Act 2020
Part 4, Part 6, Schedule 9 and Schedule 10 contain the provisions that provide the statutory authority for the Student Allowances Scheme and for MSD to administer it.
This includes (but is not limited to):
- authority for the Student Allowances Regulations 1998
- the authority to require applicants to provide information necessary to establish eligibility and/or entitlement
- the Results of Study (ROS) data-match
- the Student Allowance Appeal Authority
- offences and penalties in relation to students, education providers or third parties
- the use of information obtained under the Social Security Act 2018
- the use of information obtained under Part 9 of the Public and Community Housing Management Act 1992
- the recovery of debts
- the Annual General Adjustment (AGA) as it relates to Student Allowances
- Verification of Study (VOS) data-match
Income Tax Act 2007
Since 1 January 2012, parental income has been defined by the definition of family scheme income in section MB of the Income Tax Act 2007, except for:
- any exempt income described in section CW 32 of the Act
- any income referred to in section MB 12 of the Act derived by any dependent child (under section YA 1 of the Act)
- any income referred to in section MB 12 of the Act
Privacy Act 2020
Purpose and application
The purpose of the Privacy Act 2020 is to promote and protect individual privacy. It governs how agencies can collect, use, disclose, store and give access to personal information.
For more information about the Privacy Act, including guidelines for collecting, using, storing and giving access to personal information and for privacy breaches, see:
Information matching
Subpart 4-Authorised information matching programmes of Part 7 of the Privacy Act 2020 governs how agencies can compare personal information in accordance with an authorised information matching programme.
Both Verification of Study (VoS) and Results of Study (RoS) are authorised information matching programmes under the Privacy Act 2020.
They are authorised by clauses 7 and 8 of Schedule 9 of the Education and Training Act 2020, and must comply with the requirements set out in Subpart 4 of Part 7, and Schedule 6 of the Privacy Act 2020.
Privacy Commissioner
The Privacy Act 2020 also sets out the role and functions of the Privacy Commissioner. For more information about the Privacy Commissioner, including how individuals can make a complaint if they feel their privacy has been breached, see:
Social Security Act 2018
Calculation of the Accommodation Benefit paid to sole parents under Regulation 9 of the Student Allowances Regulations 1998, is provided for in section 65 of the Social Security Act 2018, and Part 2, Subpart 5 of the Social Security Regulations 2018.
Assessments for this assistance includes:
- a cash asset test
- an income test and
- weekly qualifying accommodation costs
