EXPLANATORY STATEMENT
Approval and Notice of approval under clauses 6 and 11 of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No. 1 of 2010
Issued by the authority of the
Minister for Education
Subject: Higher Education Support Act 2003 (HESA)
VET Provider approval and notice of approval under clauses 6 and 11 of Schedule 1A of HESA
Authority
Schedule 1A of HESA makes provision for the VET FEE-HELP Assistance Scheme. Clause 6 of Schedule 1A provides for the approval of bodies as VET Providers by the Minister, while clause 11 of Schedule 1A provides that the Minister must decide an application for approval as a VET Provider (paragraph 11(1)(a)) and cause the applicant to be notified in writing whether or not the applicant is approved as a VET provider (paragraph 11(1)(b)).
Subclause 12(1) of HESA stipulates that a notice of approval of a body as a VET Provider is a legislative instrument.
Under section 238-5 of HESA the Minister has delegated her powers under clauses 6 and 11 of Schedule 1A of HESA to an APS employee in the Department.
Purpose
This instrument approves Academy of Information Technology Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Academy of Information Technology Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Academy of Information Technology Pty Ltd notice of that approval for the purposes of paragraph 11(1)(b) of Schedule 1A of HESA.
Background
VET FEE-HELP is an income contingent loan scheme for the vocational education and training (VET) sector that is part of the Higher Education Loan Program (HELP). It is an extension of the higher education FEE-HELP arrangements.
VET FEE-HELP assists eligible students to pay for all or part of their VET tuition fees when studying one or more of the following eligible accredited VET courses of study: diploma; advanced diploma; graduate certificate; and graduate diploma.
Bodies corporate which are also Registered Training Organisations (RTOs) are able to apply to become approved as VET providers. If approved, a VET provider will be able to offer VET FEE-HELP assistance to its eligible students.
Commencement
In accordance with subclause 12(2) of Schedule 1A of HESA and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve Academy of Information Technology Pty Ltd as a VET provider take effect on the day after the notice is registered on the Federal Register of Legislative Instruments.
Consultation
Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on Academy of Information Technology Pty Ltd and this body is the only body affected by the notice. This notice will not have a direct or substantial indirect effect on business, nor will it restrict competition.
Overview
The Higher Education Support Act 2003 (HESA) was enacted to provide a legislative framework supporting the higher education sector in Australia, including the creation of the VET FEE-HELP Assistance Scheme. This scheme is an extension of the higher education FEE-HELP arrangements and aims to assist eligible students in paying for their vocational education and training tuition fees. The scheme was introduced to address the need for financial support for students in the vocational education sector, enabling them to access courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The Act was passed by the Australian Parliament to provide the necessary legislative backing for these initiatives, ensuring that eligible students have access to financial assistance for their vocational education and training.
This legislative instrument, issued under the authority of the Minister for Education, approves the Academy of Information Technology Pty Ltd as a VET Provider under clause 6 of Schedule 1A of the HESA. This approval follows the decision to approve the application of the Academy as a VET Provider under paragraph 11(1)(a) of Schedule 1A of the HESA. The instrument also serves to notify the Academy of Information Technology Pty Ltd of this approval in writing, as required under paragraph 11(1)(b) of Schedule 1A of the HESA. This approval allows the Academy to offer VET FEE-HELP assistance to its eligible students, thereby contributing to the overall objective of the VET FEE-HELP Assistance Scheme.
Scope and Application
The VET Provider Approval No. 1 of 2010 under the Higher Education Support Act 2003 (HESA) specifically pertains to the approval of Academy of Information Technology Pty Ltd as a VET Provider, which is authorised by clauses 6 and 11 of Schedule 1A of HESA. This Act applies to bodies corporate that are also Registered Training Organisations (RTOs) seeking to offer VET FEE-HELP assistance to eligible students. The approval and notification process mandated by clauses 6 and 11 of Schedule 1A is enacted by the Minister for Education, with the powers delegated to an APS employee in the Department as per section 238-5 of HESA. The approval process is governed by a legislative instrument, which takes effect the day after its registration on the Federal Register of Legislative Instruments. The scope of this Act is limited to the specific approval of Academy of Information Technology Pty Ltd and does not extend to broader consultation or competitive restrictions.
Key Provisions
The main operative sections of the legislation, as detailed in the Explanatory Statement, pertain to clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA). Clause 6 allows for the approval of bodies as Vocational Education and Training (VET) providers by the Minister, while clause 11 requires the Minister to decide on an application for approval and notify the applicant in writing of the decision. The legislative instrument in question specifically approves the Academy of Information Technology Pty Ltd as a VET provider under these clauses. The decision and the notification of this approval are considered legislative instruments under subclause 12(1) of HESA.
The obligations and requirements imposed by the Act on the parties it governs are quite specific. The Academy of Information Technology Pty Ltd, as the entity being approved, must meet the criteria set forth in Schedule 1A of HESA to qualify as a VET provider. This involves a formal application process where the entity submits necessary documentation and information to the Minister. Once the application is reviewed and approved, the entity is required to adhere to the conditions of the approval, which are likely to include maintaining certain standards and practices in delivering VET FEE-HELP assistance to eligible students. Additionally, the Minister has delegated their powers to an Australian Public Service (APS) employee within the Department, as per section 238-5 of HESA, to manage the approval process.
In terms of consequences for non-compliance or breach of the Act, specific offences and penalties are not detailed in the provided Explanatory Statement. However, the legislative nature of the approval process implies that failure to comply with the conditions of approval could result in legal consequences. This might include the revocation of the VET provider status, fines, or other penalties as prescribed under HESA. The exact nature and extent of these penalties would need to be examined within the broader context of the Higher Education Support Act and associated regulations. The instrument is designed to ensure that only entities meeting the required standards can participate in the VET FEE-HELP scheme, thereby protecting the interests of students and the integrity of the educational framework.