Amendment No. 2 to the VET Guidelines 2013

Administered by Department of Education

Legislation au F2014L00672 Not in force Legislative Instrument

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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.

Overview

The Higher Education Support Act 2003, enacted by the Australian Parliament, was introduced to provide a framework for the provision of assistance for higher education students, including vocational education and training (VET) students. To address a gap in the accessibility of financial assistance for certain VET qualifications, the VET Guidelines 2013 were developed and amended to extend VET FEE-HELP to specified Certificate IV qualifications. Amendment No. 2 to the VET Guidelines 2013, issued under the authority of the Minister for Education, aims to specify the qualifications that are eligible for VET FEE-HELP during the Trial to Extend VET FEE-HELP to Specified Certificate IV Qualifications in New South Wales. This amendment directly responds to consultations with the New South Wales State Government and is designed to ensure that the VET sector remains robust and accessible for eligible students, thereby promoting the right to education as outlined in the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The VET Guidelines 2013 Amendment No. 2, issued under the authority of the Higher Education Support Act 2003, pertains specifically to vocational education and training (VET) qualifications in New South Wales. This amendment, effective from 1 July 2014, adjusts the existing VET Guidelines to include additional Certificate IV qualifications that are eligible for the VET FEE-HELP Assistance Scheme. The amendment applies to entities and individuals within the vocational education sector in New South Wales, particularly those offering the specified Certificate IV qualifications. These qualifications encompass areas such as Aged Care, Agriculture, Disability, Information Technology Networking, and Travel and Tourism. The scope of this amendment extends to providing financial assistance to eligible students pursuing these courses, thereby broadening access to higher vocational education. Notably, the amendment excludes qualifications outside the listed Certificate IV programs in New South Wales. The guidelines may be further extended or refined through subordinate instruments, aligning with the overarching objectives of the Higher Education Support Act 2003.

Key Provisions

The primary sections of this legislation (sections 2 and 3) amend the Vocational Education and Training (VET) Guidelines 2013 by specifying the qualifications eligible for the VET FEE-HELP scheme during the trial in New South Wales. Specifically, it updates Schedule 1 to include the Certificate IV qualifications in Aged Care, Agriculture, Disability, Information Technology Networking, and Travel and Tourism (section 2). This amendment reflects the trial's extension to these specific qualifications within the state. These provisions impose obligations on educational institutions and students in New South Wales participating in the trial. Educational institutions must ensure that the specified qualifications are aligned with the guidelines set out in the amended VET Guidelines 2013. Students seeking VET FEE-HELP for these qualifications must meet the eligibility criteria as outlined in the amended guidelines. Both parties are required to comply with the administrative procedures and reporting requirements to maintain the integrity of the scheme. Breaches of these provisions may lead to various consequences. Educational institutions found non-compliant with the amended guidelines could face penalties, including fines up to a certain amount as specified by the Act. Students found to have misused the VET FEE-HELP scheme may be required to repay the assistance received, and in severe cases, they could face legal action. Additionally, failure to adhere to the administrative procedures might result in the institution being excluded from the VET FEE-HELP scheme. The specific penalties for non-compliance are detailed within the relevant sections of the Higher Education Support Act 2003.

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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.