EXPLANATORY STATEMENT
Guidelines issued under subclause 99(1) of Schedule 1A to the
Higher Education Support Act 2003
Amendment No. 2 to the VET Guidelines 2013
Issued by the authority of the
Minister for Education
Subject
Higher Education Support Act 2003
VET Guidelines 2013
Authority
Subclause 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. 2 to the VET Guidelines 2013 is to amend the VET Guidelines to 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 New South Wales.
Consultation
Consultations were undertaken with the New South Wales State Government and this amendment is a direct result of those consultations.
Commencement
Amendment No. 2 to the VET Guidelines 2013 takes effect on 1 July 2014.
Detailed explanation of the amendment
Schedule 1 Amendment
Item 1
This item amends the table of specified qualifications at Schedule 1 to the current VET Guidelines 2013. It substitutes the table of VET qualifications for the purpose of the trial in order to extend VET FEE-HELP to the following qualifications in New South Wales:
(A) Certificate IV in Aged Care as described in the Community Services Training Package
(B) Certificate IV in Agriculture as described in the Agriculture, Horticulture and Conservation and Land Management Training Package
(C) Certificate IV in Disability as described in the Community Services Training Package
(D) Certificate IV in Information Technology Networking as described in the Information and Communications Technology Training Package
(E) Certificate IV in Travel and Tourism as described in the Tourism, Travel and Hospitality Training Package.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendment No. 2 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 trial to extend VET FEE-HELP to specified Certificate IV qualifications commenced in Victoria, South Australia, Queensland and Western Australia in January 2014, and is set to commence in New South Wales from 1 July 2014. The amendment will give effect to the commencement. 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 New South Wales.
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 state of New South Wales.
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.