Higher Education Support Act 2003 - VET Provider Approval No. 20 of 2015 (Cth)

NOTICE OF APPROVAL
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
VET Provider Approval No 20 of 2015

Approval under subclause 6(1), decision under paragraph 11(1)(a), and notice of approval under paragraph 11(1)(b) of Schedule 1A to the Higher Education Support Act 2003 (HESA).

I, Dean Woodgate, a delegate of the Minister for Education and Training:

(a)approve the application of Tandem College Pty Ltd (ACN: 058 450 669 ABN: 98 058 450 669) as a VET provider in accordance with subclause 6(1) of Schedule 1A to HESA; and

(b)impose conditions on the approval of Tandem College Pty Ltd as a VET Provider in accordance with subclause 12A(1) of Schedule 1A to HESA; and

(c)note that this approval decides the application of Tandem College Pty Ltd as required by paragraph 11(1)(a) of Schedule 1A to HESA; and

(d)hereby give Tandem College Pty Ltd written notice of my approval as required by paragraph 11(1)(b) of Schedule 1A to HESA.

Conditions

1. Tandem College Pty Ltd must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.

2. Tandem College Pty Ltd must maintain a positive equity position for the period of its approval.

3. Tandem College Pty Ltd must maintain for a period of 36 months from the date of deposit, the capital injection of $500,000 deposited into its NAB bank account by REDH Pty Ltd on 15 September 2015. This will be in the form of cash and/or the receivable amount owed to Tandem Pty Ltd under the VET FEE-HELP scheme.

4. Tandem College Pty Ltd will ensure that REDH Pty Ltd adheres to its agreement not to recall balances of the unsecured interest-bearing loan of $275,285.42 provided to Tandem College Pty Ltd, should such an action be likely to have an adverse material effect on the financial viability of Tandem College Pty Ltd for the period of its approval.

5. Tandem College Pty Ltd will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances for the period of its approval.

6. Tandem College Pty Ltd must not offer its assets as security for the benefit of any other person or entity including associated entities except as a consequence of any commercial loan arrangements with a recognised financial institution for the period of its approval. Associated entity has the meaning given by section 50AAA of the Corporations Act 2001.

7. Tandem College Pty Ltd must provide the Department responsible for administering the Higher Education Support Act 2003 with all required financial information as specified in the Financial Viability Instructions, on an annual basis by no later than 31 December each year for the period of its approval.

8. Tandem College Pty Ltd must, in writing, advise the Department responsible for administering the Higher Education Support Act 2003 of any events affecting Tandem College Pty Ltd or a related entity that may significantly affect the capacity of Tandem College Pty Ltd to meet the VET quality and accountability requirements under the Higher Education Support Act 2003 for the period of its approval. The written advice must be provided within 10 working days of the event occurring.

9. Tandem College Pty Ltd must inform the Department responsible for administering the Higher Education Support Act 2003 in writing of changes to directors, company structure and/or its constitution for the period of its approval. The written advice must be provided within 10 working days of the event occurring.

10. Tandem College Pty Ltd must not include in VET units of study, any units of competency that are not listed as part of the diploma or above level qualification in the relevant Training Package or VET Accredited Course for the period of its approval.

11. Tandem College Pty Ltd must advise the Department responsible for administering the Higher Education Support Act 2003 of any regulatory activity undertaken or being undertaken by ASQA relating to non-compliance with the Standards for NVR Registered Training Organisations for five years from the date of approval.

12. Tandem College Pty Ltd must advise the Department responsible for administering the Higher Education Support Act 2003 of any regulatory activity that has been or is being undertaken in relation to Australian Consumer Law and/or fair trading laws for five years from the date of approval.

13. Tandem College Pty Ltd must report data monthly for two years from the date of approval.

In accordance with subclause 12(2) of Schedule 1A to HESA this notice of approval commences on the day after it is registered on the Federal Register of Legislative Instruments.

Dated this 29th day of October 2015.

Dean Woodgate

A/g Branch Manager
Delegate of the Minister for Education and Training