Higher Education Support Act 2003 - VET Provider Approval (No. 1 of 2012)

Administered by Department of Education

Legislation au F2012L00408 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Approval and Notice of Approval under clauses 6 and 11 of Schedule 1A

to the Higher Education Support Act 2003

 

VET Provider Approval No. 1 of 2012

 

Issued by the authority of the

Minister for Tertiary Education, Skills, Science and Research

 

Subject: Higher Education Support Act 2003 (HESA)

VET Provider approval and Notice of Approval under clauses 6 and 11 of Schedule 1A to HESA

 

Authority

Schedule 1A to 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) Schedule 1A to 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 his powers under clauses 6 and 11 of Schedule 1A to HESA to an APS employee in the Department.

 

Purpose

This instrument approves Australian Institute of Professional Education Pty Ltd (ACN: 126 628 215 ABN 78 126 628 215) as a VET Provider under Clause 6 of Schedule 1A to HESA and as a consequence decides the application of Australian Institute of Professional Education Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA.  The instrument also gives Australian Institute of Professional Education Pty Ltd notice of that approval for the purposes of paragraph 11(1)(b) of Schedule 1A to 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 that 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 to HESA and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve Australian Institute of Professional Education 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 Australian Institute of Professional Education 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.

 


Statement of Compatibility with Human Rights

 

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

 

Notice of Approval - VET Provider Approval

 

This Legislative Instrument (the 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 Instrument is made by the Minister under subclause 6(1), paragraph 11(1)(b) and subclause 12(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act).

 

The purpose of the Instrument is to approve Australian Institute of Professional Education Pty Ltd as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under the Act.

 

For the Minister to approve a body corporate as a VET provider the Minister must be satisfied that the body meets the requirements of subclause 6(1) of Schedule 1A to the Act.

 

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, this Instrument has an effect on the provision of vocational education and training by Australian Institute of Professional Education Pty Ltd by approving it as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under the Act, enabling it to offer VET FEE-HELP assistance to its eligible students.

 

The objective of the Instrument is to approve Australian Institute of Professional Education Pty Ltd as a VET provider under the Act and thereby enable eligible students of Australian Institute of Professional Education Pty Ltd to access VET FEE-HELP assistance for VET courses of study.

 

To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument approves Australian Institute of Professional Education Pty Ltd as a VET provider, thereby extending VET FEE HELP assistance and the availability of education to its eligible students.

 

Conclusion

 

This Instrument is compatible with human rights because it advances the protection of human rights.

 

 

 

 

 

 

Overview

The Higher Education Support Act 2003 (HESA) addresses the need for financial support mechanisms for students in vocational education and training (VET) sectors, extending the existing Higher Education Loan Program (HELP) to include VET FEE-HELP. Enacted by the Australian Parliament, the HESA aims to provide adequate funding and support to eligible students in VET courses. The legislation introduces the VET FEE-HELP Assistance Scheme, enabling students to access financial assistance for their tuition fees in accredited VET courses. The Higher Education Support Act 2003 ensures that vocational education becomes more accessible and affordable, thereby promoting the right to education. The approval of VET providers, such as the Australian Institute of Professional Education Pty Ltd, facilitates the extension of VET FEE-HELP assistance, allowing eligible students to benefit from financial support for their studies.

Scope and Application

The F2012L00408 legislative instrument under the Higher Education Support Act 2003 (HESA) concerns the approval of the Australian Institute of Professional Education Pty Ltd as a VET Provider, specifically for the purposes of the VET FEE-HELP Assistance Scheme. This approval is issued by the Minister for Tertiary Education, Skills, Science and Research, and follows the provisions outlined in clauses 6 and 11 of Schedule 1A to HESA. The instrument also serves to notify the applicant of its approval status, which is a legislative instrument in itself as per subclause 12(1) of Schedule 1A to HESA. The approval applies solely to Australian Institute of Professional Education Pty Ltd, enabling it to offer VET FEE-HELP assistance to its eligible students undertaking courses such as diploma, advanced diploma, graduate certificate, and graduate diploma. The approval and notification take effect on the day after the notice is registered on the Federal Register of Legislative Instruments. Given the specific nature of the approval and its limited impact, consultation was deemed unnecessary. The instrument aligns with human rights, particularly the right to education as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights, by facilitating access to vocational education and training for eligible students through the approved provider.

Key Provisions

The main operative sections of this legislation are clauses 6 and 11 of Schedule 1A to the Higher Education Support Act 2003 (HESA) (Schedule 1A(6) and Schedule 1A(11)). Clause 6 of Schedule 1A provides 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 to notify the applicant in writing of the decision (Schedule 1A(11)(1)(a) and (b)). The legislation also specifies that a Notice of Approval is a legislative instrument (Schedule 1A(12)(1)). Pursuant to section 238-5 of HESA, the Minister has delegated their powers under clauses 6 and 11 of Schedule 1A to an Australian Public Service employee in the Department (HESA s238-5). The purpose of this legislation is to approve the Australian Institute of Professional Education Pty Ltd (ACN: 126 628 215) as a VET provider under clause 6 of Schedule 1A to HESA and to notify the Institute of that approval (Schedule 1A(11)(1)(b)). The Act imposes specific obligations and requirements on the parties it governs. For instance, bodies corporate that are also Registered Training Organisations (RTOs) must apply to become approved as VET providers (Schedule 1A(6)). The Minister, in turn, must be satisfied that the body meets the requirements of Schedule 1A(6) to approve it as a VET provider. Additionally, the Minister is required to notify the applicant in writing of the decision (Schedule 1A(11)(1)(b)). The Minister has delegated their powers under clauses 6 and 11 of Schedule 1A to an APS employee in the Department (HESA s238-5). The legislation does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach. However, the approval process and the requirement for written notification of the decision suggest that failure to comply with the obligations and requirements set out in the Act may result in non-approval as a VET provider. This would mean that the body would not be able to offer VET FEE-HELP assistance to its eligible students, which could have significant consequences for the students and the body itself. It is also possible that non-compliance with the Act could result in administrative or legal action being taken against the body by the Minister or other relevant authorities.

Legal classification tags

Area of Law
Education Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations
Catchwords
VET FEE-HELP Assistance Scheme

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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.