EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No. 15 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 The Board of Northern Melbourne Institute of Technical and Further Education 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 The Board of Northern Melbourne Institute of Technical and Further Education 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 was enacted to provide a framework for the support of higher education in Australia, including the establishment of the VET FEE-HELP scheme, which assists eligible students in paying for vocational education and training tuition fees. This Act was introduced to address the gap in financial support for students in the vocational education sector, ensuring that they have access to income-contingent loans similar to those available in the higher education sector. The Notice of Approval, issued by the authority of the Minister for Education under subsection 11(1) of Schedule 1A of the Act, serves to approve The Board of Northern Melbourne Institute of Technical and Further Education as a VET provider, allowing them to offer VET FEE-HELP assistance to their eligible students. The approval aims to facilitate access to vocational education for those who would otherwise be unable to afford it, thereby enhancing educational opportunities and supporting the skills development necessary for the workforce.
Scope and Application
The Notice of Approval under the Higher Education Support Act 2003 grants approval to The Board of Northern Melbourne Institute of Technical and Further Education as a VET provider, enabling them to offer VET FEE-HELP assistance to eligible, full fee-paying students. This approval is specifically for the provision of VET FEE-HELP, which is an income-contingent loan scheme designed to assist students in paying for their tuition fees in certain accredited VET courses, such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval applies solely to The Board of Northern Melbourne Institute of Technical and Further Education, a body corporate that is also a Registered Training Organisation (RTO), and it is limited to the provision of VET FEE-HELP assistance. The geographic reach of this approval is national, as it is part of the broader Higher Education Loan Program (HELP) which operates throughout Australia. The approval does not extend beyond the provision of VET FEE-HELP, and no exemptions or exclusions are noted in the explanatory statement. The approval process does not require subordinate instruments to extend or restrict its application.
Key Provisions
The key provisions of the VE T Provider Approval No. 15 of 2009, issued under the Higher Education Support Act 2003 (HESA), primarily focus on approving The Board of Northern Melbourne Institute of Technical and Further Education (TAFE) as a VET provider. This approval is made pursuant to subclause 11(1) of Schedule 1A of HESA (paragraph 1). The purpose of this approval is to enable the institute to participate in the VET FEE-HELP scheme, which is designed to assist eligible students in paying their vocational education and training (VET) tuition fees through an income contingent loan (paragraph 2). The approved courses include diploma, advanced diploma, graduate certificate, and graduate diploma (paragraph 3).
The approval imposes several obligations on The Board of Northern Melbourne Institute of TAFE. Primarily, it requires the institute to comply with the terms and conditions set out in the approval and to adhere to the provisions of the HESA and related regulations (paragraph 4). This includes ensuring that only eligible students are offered VET FEE-HELP assistance and that all processes are conducted in accordance with the scheme’s guidelines (paragraph 5). Additionally, the institute must maintain records and submit reports as required by the relevant authorities (paragraph 6).
Failure to comply with the terms of the approval or the provisions of the HESA can result in various consequences. Offences under the HESA can lead to civil and criminal penalties (paragraph 7). For instance, knowingly providing false or misleading information can result in fines, with the maximum penalty varying based on the severity and intent of the offence (paragraph 8). Criminal penalties may include imprisonment, particularly if the offence involves significant dishonesty or is repeated (paragraph 9). The exact penalties are detailed in the HESA and the associated regulations, and they reflect the importance of compliance with vocational education and training regulations (paragraph 10).