EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval (No. 14 of 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 Australian Guild of Music Education Incorporated 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 Australian Guild of Music Education Incorporated 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. 14 of 2009) was issued under the Higher Education Support Act 2003, and its purpose is to approve Australian Guild of Music Education Incorporated as a VET provider, allowing them to offer VET FEE-HELP assistance to eligible students. This Act was introduced to address the need for a streamlined loan scheme for vocational education and training, specifically extending the higher education FEE-HELP arrangements to the VET sector. The Higher Education Support Act 2003, enacted by the Australian Parliament, aims to support the higher education sector through various measures, including the establishment of the VET FEE-HELP scheme. The policy objective of this notice is to enhance access to vocational education and training by providing financial assistance to eligible students, thereby facilitating their participation in accredited courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas.
Scope and Application
The notice of approval under subclause 11(1) of Schedule 1A of the Higher Education Support Act 2003 pertains specifically to the Australian Guild of Music Education Incorporated, granting it the status of a VET provider. This approval enables the organisation to offer VET FEE-HELP assistance to eligible students who are enrolled in certain accredited VET courses, such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The legislation is targeted at entities that are bodies corporate and also registered training organisations (RTOs) seeking to provide vocational education and training (VET) courses. The notice signifies the Commonwealth’s recognition of the Australian Guild of Music Education Incorporated as a qualified provider within the VET sector. The jurisdictional reach of this legislation is national, impacting the entire VET sector across Australia. The notice does not extend to other entities beyond the Australian Guild of Music Education Incorporated, as it is explicitly tailored to this specific organisation. There are no stated exclusions or thresholds in this notice, but the approval is contingent on the entity meeting the criteria set forth by the Higher Education Support Act 2003. This notice of approval is effective from the date it could no longer be disallowed by a House of Parliament resolution.
Key Provisions
The main operative sections of this legislation pertain to the approval of the Australian Guild of Music Education Incorporated as a VET provider under the Higher Education Support Act 2003 (HESA). Specifically, the approval is issued pursuant to subclause 11(1) of Schedule 1A of HESA, as stated in the notice of approval (paragraph 1). This approval allows the Australian Guild of Music Education Incorporated to offer VET FEE-HELP assistance to eligible students undertaking specified accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas (paragraph 4). The approval process does not involve consultation with other stakeholders as the notice directly benefits only the specified entity and does not have a substantial effect on business or competition (paragraph 6).
The Act imposes several obligations and requirements on the Australian Guild of Music Education Incorporated once it is approved as a VET provider. Primarily, it must comply with the conditions and standards set by the Department of Education and Training for offering VET FEE-HELP assistance. This includes ensuring that the courses provided meet the accreditation criteria and that the institution adheres to the financial and educational standards required by the program (implied by the need for approval and the nature of the assistance provided). The institution must also ensure that its students are properly informed about the VET FEE-HELP scheme and their rights and obligations under it (implied by the requirement to assist eligible students).
Any breach of the conditions or requirements set out by the Higher Education Support Act 2003 or the terms of the approval notice can result in civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, typically such breaches could result in penalties including fines, the withdrawal of approval, or legal action. The maximum penalties for non-compliance with educational standards and financial obligations under HESA can vary, but generally, they may include substantial fines for the institution and potential legal action against the institution's officers. This underscores the importance of strict adherence to the terms of the approval and the standards set by the Act.