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. 11 of 2011
Issued by the authority of the
Minister for Tertiary Education, Skills, Jobs and Workplace Relations
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) Schedule 1A 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 his powers under clauses 6 and 11 of Schedule 1A of HESA to an APS employee in the Department.
Purpose
This instrument approves Unitingcare Institute of Family Practice Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Unitingcare Institute of Family Practice Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Unitingcare Institute of Family Practice 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 Unitingcare Institute of Family Practice 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 Unitingcare Institute of Family Practice 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 explanatory statement pertains to the Higher Education Support Act 2003 (HESA) which was enacted to provide a legislative framework for the provision of financial assistance to students and institutions within the higher education sector. The Higher Education Support Act 2003 was introduced to address the need for structured financial support mechanisms in the higher education sector, particularly to facilitate student access and participation through income-contingent loans and other forms of assistance. The Act was enacted by the Parliament of Australia, with its policy objectives centred around enhancing educational outcomes and supporting students through financial aid. This legislative instrument specifically addresses the approval of bodies as VET Providers under Schedule 1A of HESA, facilitating the participation of eligible students in vocational education and training courses through the VET FEE-HELP scheme. The approval of Unitingcare Institute of Family Practice Ltd as a VET Provider aims to extend the availability of financial assistance to students enrolled in eligible VET courses offered by this institution.
Scope and Application
The F2011L01044 legislative instrument provides for the approval of Unitingcare Institute of Family Practice Ltd as a VET Provider under clause 6 of Schedule 1A of the Higher Education Support Act 2003. This approval enables the entity to offer VET FEE-HELP assistance to its eligible students who are undertaking accredited VET courses such as diploma, advanced diploma, graduate certificate, and graduate diploma. The Minister for Tertiary Education, Skills, Jobs and Workplace Relations has delegated the power to approve VET providers to an APS employee within the Department, as outlined in section 238-5 of the HESA. The approval and the associated notice are effective from the day after the notice is registered on the Federal Register of Legislative Instruments. Given that the notice specifically pertains to Unitingcare Institute of Family Practice Ltd and does not have a broader impact on businesses or competition, consultation was deemed unnecessary.
Key Provisions
The legislation (F2011L01044) primarily concerns the approval and notice of approval for Unitingcare Institute of Family Practice Ltd as a VET Provider under the Higher Education Support Act 2003 (HESA) (s 238-5). Specifically, clause 6 of Schedule 1A of HESA provides for the approval of bodies as VET Providers by the Minister, while clause 11 of Schedule 1A requires the Minister to decide on an application for approval and notify the applicant in writing about the decision. This legislative instrument approves Unitingcare Institute of Family Practice Ltd as a VET Provider under Clause 6 and decides its application under paragraph 11(1)(a) of Schedule 1A. Furthermore, it gives Unitingcare Institute of Family Practice Ltd notice of this approval as required by paragraph 11(1)(b) of Schedule 1A.
The Act imposes certain obligations on parties involved. The Minister, through a delegated APS employee in the Department, must assess applications for VET Provider approval, ensuring that only eligible entities are approved. Once an entity like Unitingcare Institute of Family Practice Ltd is approved, it must comply with the conditions and requirements set out in the VET FEE-HELP Assistance Scheme. These requirements typically include maintaining certain educational standards, ensuring students are informed about their rights and obligations, and providing financial stability to ensure the scheme's sustainability. Additionally, approved entities must report any changes in their operations that might affect their eligibility to the Minister.
The legislation also outlines the consequences of non-compliance or breaches. While the specific penalties for breach are not detailed in the Explanatory Statement, the Act generally includes provisions for both civil and criminal penalties for non-compliance with its requirements. Civil penalties might include fines, while criminal penalties could involve imprisonment or larger fines, depending on the severity and nature of the breach. Entities found to be in breach of the conditions of their approval or misrepresenting information in their application could face these penalties. The specific maximum penalties are stipulated in other parts of the HESA but are not detailed in this particular legislative instrument.
In summary, this legislation approves Unitingcare Institute of Family Practice Ltd as a VET Provider under the VET FEE-HELP Assistance Scheme, imposes obligations on the Minister and approved entities to maintain compliance with scheme conditions, and outlines potential penalties for non-compliance, although the exact penalties are not specified in this document. The approval and notification process ensures that only eligible entities can participate in the scheme, thereby supporting the educational and financial objectives of the VET FEE-HELP program.