Amendment No. 1 Higher Education Support Act 2003 VET Provider Guidelines (Cth)

Commonwealth of Australia

Higher Education Support Act 2003

VET PROVIDER GUIDELINES

Amendments to Guidelines made under subclause 99(1) of Schedule 1A of the Higher
Education Support Act 2003

I, Kim Carr, Acting Minister for Education on behalf of the Minister for Employment Participation and the Acting Minister for Employment and Workplace Relations, pursuant to subclause 99(1) of Schedule 1A of the Higher Education Support Act 2003 (‘the Act’), make the attached amendments to the VET Provider Guidelines dated 22 May 2008 which were registered on the Federal Register of Legislative Instruments on 4 June 2008 (see F2008L01957) and commenced on 5 June 2008 and which provide for matters under Part 1 of Schedule 1A of the Act.

Dated this   24^th       day of       June       2009.

.................................Kim.Carr……………………………..

KIM CARR

Acting Minister for Education on behalf of the Minister for Employment Participation and the Acting Minister for Employment and Workplace Relations

COMMONWEALTH OF AUSTRALIA

Higher Education Support Act 2003

VET Provider Guidelines

Amendment No. 1

(i)         CITATION

This legislative instrument may be cited as Amendment No. 1 to the VET Provider Guidelines.

(ii)       AUTHORITY

This legislative instrument is made under subclause 99(1) of Schedule 1A of the Higher Education Support Act 2003.

(iii)      DATE OF EFFECT

This legislative instrument comes into effect on the day after the day it is registered on the Federal Register of Legislative Instruments. 

(iv)       AMENDMENT

This legislative instrument amends the VET Provider Guidelines registered on the Federal Register of Legislative Instruments on 4 June 2008 (see F2008L01957), and which commenced on 5 June 2008.

PURPOSE

• The purpose of this legislative instrument is to amend the VET Provider Guidelines.

• The VET Provider Guidelines are amended as follows:

Item 1 – Subsection 1.1.10

Insert:

Reform State or Territory means any State or Territory that, by written agreement with the Minister, has satisfied the Minister that it has implemented, or is in the process of implementing, measures by which its delivery of vocational education and training is to meet all of the following objectives:

a)Client choice determines where government funding for training delivery is allocated, allowing clients to choose which registered training organisation they attend, with funding to follow the client.

b)Information and facilitation for individuals and businesses, to comprehensively inform their choice of training provider, product and service.

c)Eligible students are entitled to receive some government support for accredited training.

d)Purchasers of vocational education and training services are not motivated to choose a particular provider, or group of providers, other than on the basis of quality, price and individual choice.

e)Quality assurance, training products and services are maintained to support quality outcomes and reduce the regulatory burden on users and providers, including through a commitment to support a national regulation and audit authority.

f)All public funds for delivery of training within the State or Territory are open to all registered training organisations with Registration within that jurisdiction.

Item 2 – Subsection 1.1.10

Insert:

Registration in relation to a training organisation, means the authorisation by a State or Territory Recognition Authority or its delegate, under the Australian Quality Training Framework to deliver training and/or conduct assessments and issue nationally recognised qualifications.

Item 3 – Subsection 1.1.10

Insert:

Scope of Registration in relation to a training organisation means the operations that the registered training organisation is authorised by a State or Territory Recognition Authority or its delegate to provide.

Item 4 – Subsection 1.1.10

Insert:

State or Territory Recognition Authority has the meaning given to it by the National Training Information Service National Training Glossary. The National Audit and Registration Agency of Technical and Vocational Education and Training (TVET) Australia Limited is a delegate of a State or Territory Recognition Authority.

Item 5 – Chapter 2 title

Substitute:

CHAPTER 2 REQUIREMENTS FOR THE PURPOSES OF PARAGRAPH   6(G) OF SCHEDULE 1A OF THE ACT

Item 6 – Subsection 2.1.1

Substitute:

2.1.1      This chapter sets out requirements relating to VET credit transfer arrangements with which a body corporate must comply under paragraph 6(g) of Schedule 1A of the Act to be approved as a VET provider under clause 6 of Schedule 1A of the Act.

Item 7 – Subsection 2.5.1

Substitute:

2.5.1       Subject to subsection 2.5.5, if a body corporate only offers VET courses of study that lead to the award of VET diploma or VET advanced diploma (the “Offered Courses”), the body corporate must have in place at least one VET credit transfer arrangement for at least one of the Offered Courses.

Item 8 - After subsection 2.5.1

Insert new subsection 2.5.5:

2.5.5    Subsection 2.5.1 does not apply to a body corporate that:

a)has Registration in a Reform State or Territory and offers, in accordance with its Scope of Registration, at least one of the Offered Courses in a Reform State or Territory; or

b)has Registration managed by the National Audit and Registration Agency of Technical and Vocational Education and Training  Australia Limited (TVET) and offers, in accordance with its Scope of Registration, at least one of the Offered Courses in a Reform State or Territory.

Item 9 – Subsection 2.5.5

Substitute:

2.5.10     For the purposes of subsection 2.5.1, a VET credit transfer arrangement must provide a guaranteed level of credit (“Credit”) for the award of VET diploma or VET advanced diploma towards a higher education award of Bachelor degree.  The Group Manager will use the following Credit levels as a guide when deciding whether to approve a VET credit transfer arrangement for the purposes of paragraph 2.5.15 a), below:

a)50% Credit for a VET advanced diploma towards a 3 year Bachelor degree;

b)37.5% Credit for an VET advanced diploma towards a 4 year Bachelor degree;

c)33% Credit for a VET diploma towards a 3 year Bachelor degree; or

d)25% Credit for a VET diploma towards a 4 year Bachelor degree.

Item 10 – Subsection 2.5.10

Substitute:

2.5.15    The body corporate must ensure that each VET credit transfer arrangement is set out in a written agreement between the body corporate and a higher education provider that:

a)       is approved by the Group Manager; and

b)      contains at least the following information:

i)        the higher education award to which the VET credit transfer arrangement relates;

ii)       the amount of Credit towards the higher education award that is guaranteed under the VET credit transfer arrangement; and

iii)      the expiry date, if any, of the VET credit transfer arrangement.