FEE-HELP Guidelines Amendment (No. 1) 2019

Administered by Department of Education

Legislation au F2019L01700 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Education

 

Higher Education Support Act 2003

 

FEE-HELP Guidelines Amendment (No. 1) 2019

 

Purpose

 

The purpose of the FEE-HELP Guidelines Amendment (No. 1) 2019 (the Instrument) is to amend the FEE-HELP Guidelines 2017 (the Guidelines) to implement the changes made to the Higher Education Support Act 2003 (HESA) by Schedule 1 of the Education Legislation Amendment (2019 Measures No. 1) Act 2019 (the ELA Act).

 

Overview

 

The amendments made to the Guidelines by this Instrument insert new provisions into Chapter 1 of the Guidelines to specify the courses of study in aviation to which the higher HELP loan limit applies, for the purposes of subsection 128‑20(2) of the Act.

 

Background

 

Schedule 1 of the ELA Act introduced a measure to increase the combined Higher Education Loan Program (HELP) loan limit for students undertaking eligible aviation courses on or after 1 January 2020 at higher education providers approved under the Act and vocational education and training (VET) providers approved under the VET Student Loans Act 2016 (VSL Act). This measure enables students undertaking eligible aviation courses that lead to certification as a Commercial Pilot at higher education providers and VSL providers to access the higher of the two HELP loan limits (the same limit that applies to students studying medicine, dentistry and veterinary science courses). The higher HELP loan limit will be $152,700 for 2020.

 

The purpose of the measure is to reduce students’ barriers to enrolling in aviation courses through increased loan assistance to defer tuition fees for their aviation study. It will enable student pilots to defer all of their tuition fees in order to obtain the licenses and ratings required by the Civil Aviation Safety Authority for most practical commercial employment.

 

Consultation

 

Higher education providers that provide courses of study in aviation to students were consulted during the drafting of these Guidelines. 

 

 

 

Regulatory Impact Statement

 

The Office of Best Practice Regulation (OBPR) has been consulted. Based on their advice that the proposal does not appear to have a more than minor regulatory impact on business, community organisations or individuals, only a short form Regulation Impact Statement (RIS) was required (OBPR ID No. 24747). This short form RIS was completed and approved by OBPR.


EXPLANATION OF PROVISIONS

 

Sections 1, 2 and 3 of the Instrument are technical provisions that set out the name, commencement, and authority for the Instrument.

 

The Instrument commences on 1 January 2020, immediately after the commencement of Schedule 1 to the ELA Act to it relates.  The Instrument is made by the Minister for Education under section 238-10 of HESA, and sets out the courses of study in aviation as authorised by subsection 128-20(2) of HESA.

 

Section 4 of the Instrument provides that each instrument that is specified in a Schedule to the legislative instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the legislative instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Schedule 1 amends the FEE-HELP Guidelines 2017.

 

Item 1 inserts provisions in Chapter 1 of the Guidelines that specify the courses of study in aviation to which the higher HELP loan limit in HESA applies.

 

New section 1.2.1 sets out the courses provided by higher education providers that are courses of study in aviation; the section specifies the courses and the higher education providers that provide them.

 

New section 1.2.2 sets out the courses provided by VSL providers that are courses of study in aviation.

 


 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

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

 

FEE-HELP Guidelines Amendment (No. 1) 2019

 

The purpose of the FEE-HELP Guidelines Amendment (No. 1) 2019 (the Instrument) is to amend the FEE-HELP Guidelines 2017 (the Guidelines) to implement the changes made to the Higher Education Support Act 2003 (HESA) by Schedule 1 of the Education Legislation Amendment (2019 Measures No. 1) Act 2019 (the ELA Act).

 

The amendments made to the Guidelines by this Instrument insert new provisions into Chapter 1 of the Guidelines to specify the courses of study in aviation to which the higher HELP loan limit applies, for the purposes of subsection 128‑20(2) of the Act.

 

Background

 

Schedule 1 of the ELA Act introduced a measure to increase the combined Higher Education Loan Program (HELP) loan limit for students undertaking eligible aviation courses on or after 1 January 2020 at higher education providers approved under HESA and vocational education and training (VET) providers approved under the VET Student Loans Act 2016 (VSL Act). This measure enables students undertaking eligible aviation courses that lead to certification as a Commercial Pilot at higher education providers and VSL providers to access the higher of the two HELP loan limits (the same limit that applies to students studying medicine, dentistry and veterinary science courses). The higher HELP loan limit will be $152,700 for 2020.

 

The purpose of the measure is to reduce students’ barriers to enrolling in aviation courses through increased loan assistance to defer tuition fees for their aviation study. It will enable student pilots to defer all of their tuition fees in order to obtain the licenses and ratings required by the Civil Aviation Safety Authority for most practical commercial employment.

 

Human rights implications

 

This Instrument provides the administrative detail to support the higher HELP loan limit for the eligible aviation courses measure introduced by Schedule 1 to the ELA Act. Therefore, this Instrument does not engage any human rights additional to those engaged by the enabling legislation.

 

A Statement of Compatibility with Humans Rights was prepared for the Education Legislation Amendment (2019 Measures No. 1) Bill 2019 and appended to the Explanatory Memorandum for that Bill.  The Explanatory Memorandum can be found at:

 

https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6428

 

Conclusion

The instrument is compatible with human rights because, to the extent it engages those rights, it promotes those rights.

 

Overview

The FEE-HELP Guidelines Amendment (No. 1) 2019, enacted by the Parliament of Australia, amends the FEE-HELP Guidelines 2017 to align with the changes introduced by Schedule 1 of the Education Legislation Amendment (2019 Measures No. 1) Act 2019. This legislative amendment was introduced to address the financial barriers faced by students pursuing eligible aviation courses, aiming to provide them with increased financial support through higher HELP loan limits. Effective from 1 January 2020, the changes allow students enrolled in qualifying aviation courses at approved higher education and vocational education and training providers to access a higher HELP loan limit of $152,700, comparable to the limit for medicine, dentistry, and veterinary science courses. The policy objective is to facilitate students' enrolment in aviation courses by enabling them to defer tuition fees, thus obtaining the necessary licenses and ratings for commercial employment as a pilot. The amendments were developed in consultation with relevant higher education providers and have been assessed to have a minor regulatory impact.

Scope and Application

The FEE-HELP Guidelines Amendment (No. 1) 2019 applies to students enrolled in specified aviation courses of study at higher education providers approved under the Higher Education Support Act 2003 and vocational education and training (VET) providers approved under the VET Student Loans Act 2016. The amendments clarify which aviation courses are eligible for the higher HELP loan limit, effective from 1 January 2020. This legislative instrument is made under the authority of the Minister for Education and pertains to the Commonwealth jurisdiction. The specified aviation courses that lead to certification as a Commercial Pilot are eligible for the higher HELP loan limit of $152,700 for 2020, aligning with the loan limit for medicine, dentistry, and veterinary science courses. The FEE-HELP Guidelines Amendment (No. 1) 2019 extends the application of the ELA Act through subordinate instruments by specifying the courses and providers eligible for the higher HELP loan limit.

Key Provisions

The FEE-HELP Guidelines Amendment (No. 1) 2019 (the Instrument) primarily serves to modify the FEE-HELP Guidelines 2017 (the Guidelines) to align with the changes introduced by the Education Legislation Amendment (2019 Measures No. 1) Act 2019 (the ELA Act). Section 4 of the Instrument details that each instrument specified in a Schedule to the legislative instrument is amended or repealed as set out in the applicable items of the Schedule, while any other item in a Schedule to the legislative instrument has effect according to its terms. This amendment, effective from 1 January 2020, introduces new provisions into Chapter 1 of the Guidelines, specifying the courses of study in aviation that are eligible for the higher HELP loan limit, as mandated by subsection 128-20(2) of the Higher Education Support Act 2003 (HESA). The newly inserted sections 1.2.1 and 1.2.2 list the specific aviation courses offered by higher education providers and VET providers, respectively, that qualify for this higher loan limit. The FEE-HELP Guidelines Amendment (No. 1) 2019 imposes specific obligations on higher education providers and VET providers approved under HESA and the VET Student Loans Act 2016 (VSL Act). These providers must ensure that the aviation courses they offer meet the criteria specified in the amended Guidelines to be eligible for the higher HELP loan limit. This involves adhering to the newly defined course categories that qualify for the increased loan assistance. Both higher education and VET providers must also be approved under their respective Acts and maintain compliance with the criteria set out in the Guidelines. This includes accurately reporting the courses offered and ensuring that students enrolled in these courses are appropriately informed about their eligibility for the higher HELP loan limit. Breaches of the requirements set out in the FEE-HELP Guidelines Amendment (No. 1) 2019 could result in various civil or administrative consequences. Higher education and VET providers found to be in non-compliance may face penalties under the Higher Education Support Act 2003 or the VET Student Loans Act 2016. Although the specific penalties are not detailed in the Instrument, general provisions under these Acts may include fines or other administrative actions. Additionally, students who are incorrectly informed or who are not properly enrolled in courses that qualify for the higher HELP loan limit may face financial implications, such as incorrect loan disbursements or repayment obligations. It is essential for providers to ensure accuracy and compliance to avoid these potential consequences.

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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.