EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval (No. 11of 2009)
Issued by the authority of the
Minister for Education
Subject: Higher Education Support Act 2003
VET Provider approval pursuant to clause 6 and subclause (11)(1) of Schedule 1A of the Higher Education Support Act 2003.
Notice of Approval
The Notice of Approval is made pursuant to subclause 11(1) of Schedule 1A of HESA. The purpose of this notice is to approve and give notice of approval of MHM Australasia Pty Ltd as a VET provider.
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, full fee-paying 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 their eligible students.
Commencement
In accordance with clause 12 of Schedule 1A of HESA, the approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.
Consultation
Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on MHM Australasia 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 VET Provider Approval (No. 11 of 2009) Notice, issued under the authority of the Minister for Education, pertains to the Higher Education Support Act 2003 (HESA) and was enacted to address the need for additional approved providers within the Vocational Education and Training (VET) sector. This notice aims to approve MHM Australasia Pty Ltd as a VET provider, thereby enabling it to offer VET FEE-HELP assistance to eligible students. The VET FEE-HELP scheme is an extension of the higher education FEE-HELP arrangements, designed to support full fee-paying students studying accredited courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. By approving MHM Australasia Pty Ltd, the legislation seeks to enhance the accessibility of VET FEE-HELP assistance, providing students with greater financial support for their vocational education and training. The approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice, as stipulated in clause 12 of Schedule 1A of HESA.
Scope and Application
The VET Provider Approval (No. 11 of 2009) issued under the Higher Education Support Act 2003 applies specifically to MHM Australasia Pty Ltd, which has been approved as a VET provider under clause 6 and subclause 11(1) of Schedule 1A of the Act. The Act enables eligible bodies corporate that are also Registered Training Organisations (RTOs) to apply for approval to offer VET FEE-HELP assistance to their students. This scheme is designed to help eligible, full fee-paying students cover their tuition fees for accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval takes effect following the disallowance period, as outlined in clause 12 of Schedule 1A of the Act. The geographic reach of this legislation is national, as it pertains to the Higher Education Support Act 2003, which is a Commonwealth Act. There are no stated exclusions, exemptions, or thresholds in this particular notice of approval, and no subordinate instruments extend or restrict its application. The notice does not require consultation as it does not affect businesses or restrict competition.
Key Provisions
The VET Provider Approval (No. 11 of 2009) Notice of Approval, issued under subclause 11(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA), provides for the approval of MHM Australasia Pty Ltd as a VET provider. This approval allows the entity to offer VET FEE-HELP assistance to eligible, full fee-paying students undertaking accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. Section 11 of Schedule 1A of the HESA outlines the approval process for VET providers, and this notice is the formal acknowledgment that MHM Australasia Pty Ltd meets the specified criteria.
The obligations imposed on MHM Australasia Pty Ltd by this approval include adherence to the terms and conditions outlined in the VET FEE-HELP scheme. This involves ensuring that all students who receive assistance under the scheme are eligible, that the courses offered are accredited, and that the provider complies with the financial and administrative requirements set forth in the Higher Education Support Act. The provider must also maintain accurate records and report any changes in its operations or course offerings to the relevant authorities.
Failure to comply with the conditions of the approval or the VET FEE-HELP scheme can result in various penalties and consequences. While the specific penalties for non-compliance are not detailed in this notice, under the Higher Education Support Act, breaches can lead to administrative actions, financial penalties, and the potential revocation of the provider's approval status. In severe cases, there may also be civil or criminal liabilities, although the notice does not specify these in detail. The potential penalties serve as a deterrent to non-compliance and ensure the integrity of the VET FEE-HELP program.