Higher Education Support Act 2003 - VET Administration Guidelines (22/05/2008)

Administered by Department of Industry, Science and Resources

Legislation au F2008L01958 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Education

 

Subject: Higher Education Support Act 2003

 VET Administration Guidelines

 

 

Authority

 

Clause 99 of Schedule 1A of the Higher Education Support Act 2003 (the Act) provides that the Minister may make Guidelines for the purposes of the Act.  In particular, Item 4 of the table in subclause 99(1) of Schedule 1A specifies that the Minister may make VET Administration Guidelines (the Guidelines) to give effect to matters set out in Part 3 of Schedule 1A of the Act.

 

 

Purpose

 

Part 3 of Schedule 1A of the Act deals with various administration matters relating to the operation of the VET FEE-HELP assistance scheme by the Commonwealth and VET providers, such as: payments made by the Commonwealth; administrative requirements that are imposed on VET providers; electronic communication between VET providers and students; protection of VET personal information; tax file numbers of students; and reconsideration and administrative review of decisions to refuse to re-credit FEE-HELP balances.

 

The Guidelines set out additional requirements to these matters, relating to the notice that a VET provider must give to a person who is seeking VET FEE-HELP assistance, the publication of census dates, and electronic communication between students and VET providers.

The application of the Guidelines are limited to students of VET providers that are, or would be, entitled to VET FEE-HELP assistance under clause 43 of Schedule 1A of the Act, and to VET units of study that meet the course requirements under subclause 45(1) of Schedule 1A of the Act.

 

 

Background

 

The VET FEE-HELP assistance scheme was announced as part of the 2007-08 Federal Budget in May 2007 and is an extension of the higher education FEE-HELP arrangements.  Amendments to the Act to establish the VET FEE-HELP assistance scheme commenced on 1 January 2008.  Amendments to the Act which also provide authority for these Guidelines were contained in the Higher Education Support Amendment (VET FEE-HELP Assistance) Act 2008 which received Royal Assent on 20 March 2008.

 

 

Detailed explanation of the VET Administration Guidelines

 

  • Chapter 1 provides interpretation of the terms within the Guidelines.

 

  • 1.1.1 specifies that unless the contrary intention appears, terms have the same meaning as in the Act.

 

  • 1.1.5 specifies that terms in italics are those defined in paragraph 1.1.10.

 

  • 1.1.10 defines terms used in the Guidelines.

 

  • Chapter 2 sets out the requirements for notices that a VET provider must give to a person that receives VET FEE-HELP assistance.

 

  • 2.1 sets out the Purpose of the chapter.

 

  • 2.1.1 details the purpose of the chapter.

 

  • 2.5 sets out the Notices That a VET Provider Must Give to a Person.

 

  • 2.5.1 requires that a VET provider give a notice to a person seeking Commonwealth assistance (VET FEE-HELP assistance).

 

  • 2.10 sets out the Information that a Notice Must Contain.

 

  • 2.10.1-2.10.30 specifies information that must or can be contained in a notice, including information on the person’s right to request the correction of information contained in the notice.

 

  • 2.15 sets out the Period Within Which a Notice Must be Given.

 

  • 2.15.1 requires that a VET provider give a notice within 28 days of the earliest census date indicated in the notice.

 

  • Chapter 3 sets out the date and manner in which census dates must be published and the dates before which, and the circumstances in which, published census dates can be varied and republished.

 

  • 3.1 sets out the Purpose of the chapter.

 

  • 3.1.1 details the purpose of the chapter.

 

  • 3.5 sets out the Periods for the purposes of determining census dates.

 

  • 3.5.1 specifies the periods during which a VET provider provides or proposes to provide a VET unit of study must determine a census date for the unit.

 

  • 3.5.5 specifies that periods determined in paragraph 3.5.1 are relevant only for the purposes of that paragraph.

 

  • 3.10 sets out the Date by Which, and Manner in Which, Census Dates Must Be Published by a VET Provider.

 

  • 3.10.1 specifies when a census date must be published, except where a VET unit of study is being undertaken only through a VET restricted access arrangement.

 

  • 3.10.5 requires a VET provider to provide students with access to an information system where published census dates are only available through the Internet or other electronic format.

 

  • 3.10.10 specifies when a census date is to be made available to each student if a VET unit of study is being undertaken only through a VET restricted access arrangement.

 

  • 3.15 sets out the Dates Before Which a Variation to a Published Census Date Must Be Made.

 

  • 3.15.1 specifies the dates before which a variation to a census date must be made and limits the effect of this provision to variations to which the circumstances in subparagraph 3.20.1(c) apply.

 

  • 3.20 sets out the Circumstances in Which a Published Census Date May Be Varied.

 

  • 3.20.1 specifies the circumstances which must exist for a VET provider to be allowed to vary a census date.  Where a student, in a VET provider’s reasonable view, will be disadvantaged, the requirement is that the variation be made in accordance with paragraph 3.15.1, except for VET units of study offered only under VET restricted access arrangements.

 

  • 3.20.5 specifies that, without limiting the generality of subparagraph 3.20.1(c), when a VET provider is considering disadvantage under subparagraph 3.20.1(c), a student will be considered disadvantaged where a variation brings forward a census date.

 

  • 3.25 sets out the Date by Which, and Manner in Which, a Varied Census Date Must Be Published.

 

  • 3.25.1-3.25.5 specifies that when a census date has been varied in accordance with paragraphs 3.15 and 3.20, it must be published within 10 business days.

 

  • 3.25.10 requires a VET provider to provide students with access to an information system where a varied published census date is only available through the Internet or other electronic format.

 

  • Chapter 4 sets out requirements relating to information systems used by students to give documents to their VET provider and for systems used by VET providers to give notices to students.  The chapter also specifies the methods that may be used by students to identify themselves to their VET provider and indicate their approval of electronic documents.

 

  • 4.1 sets out the Purpose.

 

  • 4.1.1 details the purpose of the chapter.

 

  • 4.5 sets out the Information Technology Requirements.

 

  • 4.5.1 specifies requirements of the information system to communicate notices or documents electronically from students to VET providers.  It includes details of the kinds of electronic communications and the requirements of the information system regarding accessibility, security, storage, unique identification where required and printable receipt verification.

 

  • 4.5.5 specifies requirements relating to the electronic communication of notices or other documents given by a VET provider to a student.  It includes details of the kinds of electronic communications and provisions for students to be informed and given authority to use the system and for storage and accessibility of the notices or documents.

 

  • 4.10 sets out the Requirements Relating to Methods to be Used by Students to Identify Themselves and Indicate Their Approval of Documents.

 

  • 4.10.1 requires VET providers to ensure that where a student is enabled to provide a signed communication electronically, that it must be done by a method that includes an identification that is unique to the student.

 

  • 4.10.5 requires that in issuing a unique identifier to a student, a VET provider must be able to verify the identity of the person to whom the identifier has been issued, secure the identifier and advise students of their responsibility for protecting the unique identifier.

 

 

Consultation

 

The Guidelines were put out for higher education and vocational education and training sector comments in March 2008.  They were distributed to each state and territory education department, to peak bodies such as the Australian Council of Private Education and Training (ACPET), TAFE Directors Australia (TDA), the Australian Council of Independent Vocational Colleges (ACIVC), the Council of Private Higher Education (COPHE) and the WA Private Education and Training Industry Association (WAPETIA), and to 891 VET FEE-HELP Newsletter subscribers.  The Guidelines were also placed on the Department of Education, Employment and Workplace Relations’ website (the former Department of Education, Science and Training website – www.dest.gov.au) and comments were invited.  Meetings were also held with ACPET and TDA to discuss the Guidelines.

 

A small number of submissions were received as a result of consultation.  The majority of submissions concerned legislative issues rather than the content or structure of the Guidelines.  Suggested amendments for the Guidelines were generally inconsistent with either the legislative framework or the Australian Government’s policy intent for the scheme, and therefore no substantial changes were made to the Guidelines.  Minor wording amendments were made to the Guidelines to clarify the intent of paragraphs.

 

 

Commencement

 

The VET Administration Guidelines commence on the day after the day the Guidelines are registered on the Federal Register of Legislative Instruments.

 

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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.