Amendment No. 1 to the VET Guidelines 2013

Administered by Department of Education

Legislation au F2014L00049 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Guidelines issued under clause 99(1) of Schedule 1A to the Higher Education Support Act 2003

 

Amendment No. 1 to the VET Guidelines 2013

 

Issued by the authority of the

Minister for Education

 

Subject

 

Higher Education Support Act 2003

VET Guidelines 2013

 

Authority

 

Clause 99(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act) provides that the Minister may make VET Guidelines (the VET Guidelines) to provide for matters required or permitted by that Schedule to be provided or necessary or convenient to be provided in order to carry out or give effect to that Schedule.  

 

Purpose

 

The purpose of Amendment No. 1 to the VET Guidelines 2013 is to amend the VET Guidelines to:

 

a)      specify the qualifications that are taken to be VET qualifications for the duration of the Trial to Extend VET FEE-HELP to Specified Certificate IV Qualifications (the Trial) in Western Australia; and

 

b)      substitute one of the qualifications specified for South Australia for the duration of the Trial in line with the South Australian government prioritising the funding of Science, Technology, Engineering and Mathematics courses.

 

Consultation

 

Consultations were undertaken with the Western Australian and South Australian state governments and this amendment is a direct result of those consultations.

 

Commencement

 

Amendment No. 1 to the VET Guidelines 2013 takes effect on the day after its registration on the Federal Register of Legislative Instruments.

 

Detailed explanation of the amendment

 

Item 1

 

This item amends the table of specified qualifications at Schedule 1 to the current VET Guidelines 2013, referred to in Chapter 11. It substitutes the current table of VET qualifications for the purpose of the Trial in order to:

 

  1. Extend VET FEE-HELP to the following qualifications in Western Australia:

 

(A)  Certificate IV in Aged Care as described in the Community Services Training Package

 

(B)  Certificate IV in Disability as described in the Community Services Training Package

 

(C)  Certificate IV in Community Services Work as described in the Community Services Training Package

 

(D)  Certificate IV in Youth Work as described in the Community Services Training Package

 

(E)  Certificate IV in Education Support as described in the Community Services Training Package.  

 

ii.            Substitute one of the qualifications specified for South Australia by removing the “Certificate IV for Work Health and Safety as described in the Business Services Training Package” and substituting the “Certificate IV in Engineering as described in the Metal and Engineering Training Package”.

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Amendment No. 1 to VET Guidelines 2013

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  

 

Overview of the Legislative Instrument

 

The purpose of the Instrument is to amend Schedule 1 to the VET Guidelines 2013 that specifies those Certificate IV qualifications that are eligible for income contingent loans in certain circumstances to include those Certificate IV qualifications for the State of Western Australia and to change one of the Certificate IV qualifications specified for the State of South Australia.

 

Human rights implications

 

Right to education

 

The Instrument engages the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights.

In particular, article 13(2)(c) states that higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education.

This Instrument affects the provision of vocational education and training by broadening access to the VET FEE-HELP Assistance Scheme for eligible subsidised students to specified Certificate IV qualifications in the states of Western Australia and South Australia.

This right to education is promoted by the Instrument as the Instrument will enable continued and extended access to VET FEE-HELP assistance which will in turn expand the availability of education to eligible students.

This legislative instrument may also indirectly promote the accessibility of higher level vocational education and training by improving the integrity of the VET sector by ensuring that appropriate administrative procedures are in place.

Conclusion

This legislative instrument is compatible with human rights because it advances the protection of human rights.

Overview

The Higher Education Support Act 2003 was enacted to provide financial support for students in higher education and vocational education and training (VET) in Australia, and to regulate the provision of such support. The Act addresses gaps in access to financial assistance for VET students by establishing the VET FEE-HELP scheme, which allows students to defer payment of their tuition fees until they reach a specified income threshold. The VET Guidelines 2013, issued under the authority of the Minister for Education pursuant to clause 99(1) of Schedule 1A of the Act, were amended through Amendment No. 1 to specify additional VET qualifications eligible for FEE-HELP in Western Australia and to substitute a qualification in South Australia. This amendment aims to enhance accessibility to vocational education by expanding the range of courses for which financial assistance is available, thereby responding directly to consultations with state governments and aligning with their educational priorities.

Scope and Application

The Amendment No. 1 to the VET Guidelines 2013 applies to the qualifications specified for the Trial to Extend VET FEE-HELP to Specified Certificate IV Qualifications in the states of Western Australia and South Australia. This amendment provides for the inclusion of certain Certificate IV qualifications in the VET FEE-HELP Assistance Scheme, thereby extending the availability of income contingent loans for eligible students. The Trial operates within the framework of the Higher Education Support Act 2003 and is specific to these two states, targeting particular vocational education and training qualifications. The geographic reach of this amendment is confined to Western Australia and South Australia, with the stated aim of making higher education more accessible in alignment with the priorities of these state governments. There are no stated exclusions or exemptions within this specific amendment, and it comes into effect on the day after its registration on the Federal Register of Legislative Instruments. The Minister for Education, as the issuing authority, has the power to make such amendments through subordinate instruments as deemed necessary or convenient to carry out the objectives of the Act.

Key Provisions

The key provisions of Amendment No. 1 to the VET Guidelines 2013 involve the specification of certain qualifications for the Trial to Extend VET FEE-HELP to Specified Certificate IV Qualifications in Western Australia and the substitution of a qualification for South Australia. Specifically, Section 1 of the amendment updates the table of specified qualifications at Schedule 1, adding new Certificate IV qualifications for Western Australia and replacing a qualification for South Australia. These amendments are made in response to consultations with the relevant state governments. Entities and parties governed by this Act are required to adhere to the updated specifications of VET qualifications outlined in the amended guidelines. This includes recognising the new Certificate IV qualifications for Western Australia and the substituted qualification for South Australia as eligible for the VET FEE-HELP scheme during the Trial period. Educational institutions and students in these states must ensure compliance with these changes to be eligible for the financial assistance. There are no explicit offences or penalties stated in the amendment itself. However, failure to comply with the VET Guidelines, as amended, may result in non-eligibility for the VET FEE-HELP scheme, which could have financial implications for eligible students and institutions. The original VET Guidelines 2013 may contain provisions regarding penalties for non-compliance, which would still apply in this context. The compatibility of the amendment with human rights is addressed in the statement, which asserts that the changes align with the right to education as outlined in international human rights instruments. By broadening access to VET FEE-HELP for eligible students, the amendment promotes the accessibility of vocational education and training. It ensures that appropriate administrative procedures are in place, thereby supporting the integrity of the VET sector.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.