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 14 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 Ozford Business College Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Ozford Business College Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Ozford Business College 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 Ozford Business College 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 Ozford Business College 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 framework for the support of higher education in Australia, including the Vocational Education and Training (VET) sector. The legislation aimed to address the gap in vocational education funding and support mechanisms, particularly for eligible students seeking to undertake accredited VET courses. The Act was enacted by the Parliament of Australia to establish the VET FEE-HELP Assistance Scheme, which is designed to assist students in paying for their VET tuition fees through an income contingent loan system. The VET FEE-HELP scheme is an extension of the higher education FEE-HELP arrangements and is intended to improve access to vocational education for eligible students. The policy objective is to facilitate the approval of bodies as VET Providers and to notify applicants of their approval status under the scheme.
Scope and Application
The instrument F2011L01257, issued under the Higher Education Support Act 2003 (HESA), provides for the approval of Ozford Business College Pty Ltd as a Vocational Education and Training (VET) Provider under the VET FEE-HELP Assistance Scheme. The approval process is governed by clauses 6 and 11 of Schedule 1A of HESA, with the Minister for Tertiary Education, Skills, Jobs and Workplace Relations having the authority to approve bodies as VET Providers. This approval allows the entity to offer VET FEE-HELP assistance to eligible students for their tuition fees in specified accredited VET courses. The instrument not only approves Ozford Business College Pty Ltd as a VET provider but also notifies the entity of this approval in writing, in line with subclause 12(1) of Schedule 1A of HESA, which stipulates that a Notice of Approval is a legislative instrument. The approval and notification take effect on the day after the notice is registered on the Federal Register of Legislative Instruments. The instrument reflects the Commonwealth's role in facilitating access to vocational education and training through financial assistance schemes, with Ozford Business College Pty Ltd being the sole entity affected by this approval.
Key Provisions
The key provisions of the legislation, VET Provider Approval No 14 of 2011, revolve around the approval of Ozford Business College Pty Ltd as a VET Provider under the Higher Education Support Act 2003 (HESA) (s 238-5). Clause 6 of Schedule 1A of HESA mandates that the Minister approves bodies as VET Providers, while clause 11(1)(a) and (b) of Schedule 1A requires the Minister to decide on applications for such approval and notify the applicant in writing of the decision. This legislation specifically addresses the approval of Ozford Business College Pty Ltd as a VET Provider, thereby enabling it to offer VET FEE-HELP assistance to eligible students.
In terms of obligations and requirements, the Act imposes specific duties on the Minister and Ozford Business College Pty Ltd. The Minister is obligated to evaluate applications for VET Provider approval, considering the criteria outlined in Schedule 1A of HESA, and subsequently communicate the decision to the applicant. Ozford Business College Pty Ltd must comply with the conditions and standards set by the Act to maintain its approval status. These conditions may include, but are not limited to, maintaining certain educational standards, ensuring the availability of eligible VET courses, and adhering to the VET FEE-HELP scheme guidelines.
The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the VET FEE-HELP scheme or failure to meet the approval criteria could potentially lead to revocation of the VET Provider status. This consequence is inferred from the general regulatory framework within which the Act operates, and the potential for administrative or judicial actions against entities that do not adhere to the stipulated requirements. Although the exact penalties for non-compliance are not detailed in this particular notice, they would typically be guided by the broader provisions of HESA and related regulations.