Commonwealth Numbered Regulations

1990 No. 443 AUSTUDY REGULATIONS - REG 41

41. (1) A tertiary student can get AUSTUDY for a course only if the number of
years already attempted is less than the length of the course. 2

(2) In subregulation (1):

"the number of years attempted" means the number of years (including parts of
years) that the student has undertaken at the level 3 of his or her present
course, but not including a year:

   (a)  for which the student:

        (i)    could not have got benefits under AUSTUDY or the Tertiary
               Education Assistance Scheme (TEAS) because of poor academic
               progress; or

   (ii) would not have got benefits under AUSTUDY or the Tertiary Education
        Assistance Scheme (TEAS) because of poor academic progress, except for
        failures due to illness or other circumstances beyond the student's
        control; or

   (b)  undertaken in a course that the student has successfully completed;

"the length of the course" means the combination of:

   (a)  the minimum number of years needed to complete the student's current
        course at pass level; and

   (b)  any additional honours year that the student is undertaking or has
        undertaken in the course.

(3) A student is not regarded as having undertaken work that he or she
withdrew from unless the institution failed the student in that work.

(4) A year of study is full-time if, for the whole year, the student met the
workload requirement set out in:

   (a)  for a year before 1991 - regulation 44B of the Student Assistance
        Regulations; and

   (b)  for 1991 and after - regulation 34 of these Regulations;
whether the requirement was in terms of three-quarters or two-thirds of a
full-time workload.

(5) If a student studied part-time for a course in a year, he or she is taken
to have attempted the proportion of a full-time year in that year calculated
using the following formula:
Work attempted
--------------
Normal full-time work
where:
   "Work attempted" means the work of the course that
the student undertook in the part-time year; and
   "Normal full-time work" means the normal full-time
year's work for the course. Notes to regulation 41 1 Progress rules are
applied at the start of the academic year: see regulation 37. 2 For example,
David undertook the first year of an Associate Diploma of Social Work. He then
transferred to a Bachelor of Music course, which takes 3 years to complete.
David is in the first year of his new course. As David has only attempted 1
year of undergraduate study, he can get AUSTUDY for his current study.
However, after he has undertaken 2 years in his new course he will have
attempted 3 years of undergraduate study and will be unable to get AUSTUDY. 3
Levels of courses are defined in regulation 38.