{"id":"F2017L01287","name":"Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017","slug":"higher-education-courses-of-study-in-respect-of-which-students-are-ineligible-for-enrolment-as-commo","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97218,"registerId":"commonwealth-F2017L01287-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017","content":"![](image.001.jpeg)\n\nHigher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017\n\nHigher Education Support Act 2003\n\nI, Simon Birmingham, Minister for Education and Training, make this instrument under paragraph 36-15(2)(b) of the Higher Education Support Act 2003.\n\nDated: 24 September 2017\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSIMON BIRMINGHAM\n\nMinister for Education and Training\n\n  \n\n1 Name\n\nThis instrument is the Higher Education (Courses of Study in Respect of Which Students are Ineligible for Enrolment as Commonwealth Supported Students) Determination 2017.\n\n2 Commencement\n\nThis instrument commences on the day it is registered on the Federal Register of Legislation.\n\n3 Authority\n\nThis instrument is made under paragraph 36-15(2)(b) of the Higher Education Support Act 2003 (the Act).\n\n4 Revocation\n\n    The instrument registered on the Federal Register of Legislation as the Higher Education Support Act 2003 – Determination under subsection 36-15(2)(b) made on 19 August 2004 (F2007B01075) is revoked.\n\n5 Courses of study determined not to be courses in respect of which students may be enrolled in units of study as Commonwealth supported students\n\nPursuant to paragraph 36-15(2)(b) of the Act, the following courses of study are not courses of study in respect of which students may be enrolled in units of study as Commonwealth supported students:\n\n(a) Research Masters degree; and\n\n(b) Research Doctoral degree.\n\n6 Savings provision\n\nFor the avoidance of doubt, any students who were enrolled in units of study in Research Masters degree and Research Doctoral degree courses of study prior to the commencement of this instrument will continue to be regarded as not having been enrolled in those units of study as Commonwealth supported students.","sortOrder":0}],"analysis":{"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument restates the existing policy that research masters and doctoral degrees are ineligible for Commonwealth supported places. It does not expand or contract the scope of the previous determination."},"complexity_factors":["Single-subject determination","Repeals and re-makes previous instrument without policy change","Straightforward language, no complex conditions or exceptions"],"plain_english_summary":"This determination confirms that research master’s and research doctoral degrees (e.g. PhDs) cannot be offered as Commonwealth supported places (CSPs). It continues the longstanding rule from the earlier 2004 instrument and clarifies no students were ever treated as CSPs for these courses. Domestic students and universities are affected: prospective research-degree students should expect full fees or other funding (e.g. RTP scholarships), not CSP subsidies."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument revokes the 2004 determination (s4) and specifies the same two categories of courses as ineligible for Commonwealth-supported enrolment (s5). The text shows no expansion or narrowing beyond restating those exclusions; it preserves transitional treatment for existing enrollees (s6)."},"complexity_factors":["Very narrow subject matter: excludes only two course types (Research Masters and Research Doctoral) (s5).","Short instrument with few clauses: name, commencement, authority, revocation, substantive rule, and savings (ss1–6).","Explicit statutory authority: made under paragraph 36-15(2)(b) of the Higher Education Support Act 2003 (s3).","Revocation of prior determination introduces administrative housekeeping but not additional regulatory detail (s4).","Savings provision clarifies treatment of already-enrolled students, reducing transitional uncertainty but imposing status confirmation (s6).","Immediate commencement on registration means operational effect occurs on registration date, requiring prompt administrative adjustment by providers (s2)."],"plain_english_summary":"This instrument declares that Research Masters and Research Doctoral degrees are not courses in respect of which students may be enrolled as Commonwealth supported students, so students in those courses will not receive the Commonwealth tuition contribution. It is made by the Minister under paragraph 36-15(2)(b), revokes a 2004 determination, and includes a savings clause that confirms students already enrolled remain treated as not having been Commonwealth supported."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation performs exactly the narrow function indicated by its title: excluding specific research degrees from Commonwealth support. It has not expanded beyond this original purpose."},"complexity_factors":["Extremely short: only 6 sections covering 2 pages","Only 2 defined terms implicitly used (Research Masters degree, Research Doctoral degree) with no formal definitions section","Single operative provision (section 5) with straightforward prohibition","No cross-references to other legislation beyond the enabling Act citation","Simple binary logic: these two degree types are excluded, everything else unaffected","Minimal conditional language — only a savings provision in section 6 with standard 'for the avoidance of doubt' formula"],"plain_english_summary":"This legislation is a ministerial determination that **blocks government subsidies for research-based postgraduate degrees**.\n\n**What it does:**\n- Removes Commonwealth Supported Places (CSPs) — essentially government-subsidised university spots with capped fees — for two specific types of degrees:\n  - **Research Masters degrees** (like an MPhil where you write a thesis)\n  - **Research Doctoral degrees** (PhDs)\n\n**Who it affects:**\n- Students wanting to do research-based postgraduate study at Australian universities\n- Universities that previously offered subsidised places for these degrees\n\n**Why it matters:**\nBefore this rule, some research Masters and PhD students could access government-subsidised places with lower fees. This determination ends that. Now students in these programs typically pay full fees or need to find alternative funding (like scholarships or Research Training Program spots, which are separate from CSPs).\n\n**The fine print:**\nThere's a \"savings provision\" — this isn't about saving money, but \"saving\" past arrangements. It clarifies that students already enrolled before this date were *never* considered Commonwealth supported students, even if they thought they were. This prevents any legal arguments about past entitlements."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-courses-of-study-in-respect-of-which-students-are-ineligible-for-enrolment-as-commo","history":"/api/acts/higher-education-courses-of-study-in-respect-of-which-students-are-ineligible-for-enrolment-as-commo/history","analysis":"/api/acts/higher-education-courses-of-study-in-respect-of-which-students-are-ineligible-for-enrolment-as-commo/analysis","conflicts":"/api/acts/higher-education-courses-of-study-in-respect-of-which-students-are-ineligible-for-enrolment-as-commo/conflicts","importantCases":"/api/acts/higher-education-courses-of-study-in-respect-of-which-students-are-ineligible-for-enrolment-as-commo/important-cases","documents":"/api/acts/higher-education-courses-of-study-in-respect-of-which-students-are-ineligible-for-enrolment-as-commo/documents"}}