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. 15 of 2010
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) 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 Wealth Within Institute Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Wealth Within Institute Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Wealth Within Institute 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 Wealth Within Institute 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 Wealth Within Institute 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 address the need for a structured financial support system for students in the vocational education and training (VET) sector, similar to the provisions available for higher education under the HELP scheme. The Act was enacted by the Australian Parliament and its policy objective is to facilitate access to VET courses by providing financial assistance to eligible students. One of the key provisions under the Act is the establishment of the VET FEE-HELP Assistance Scheme, which allows eligible students to pay for their tuition fees through an income contingent loan. Under clauses 6 and 11 of Schedule 1A of HESA, the Minister for Tertiary Education, Skills, Jobs and Workplace Relations has the authority to approve bodies as VET Providers, a decision which must be communicated to the applicant in writing. This legislative instrument specifically approves Wealth Within Institute Pty Ltd as a VET Provider, enabling the institute to offer VET FEE-HELP assistance to its eligible students. The approval and notice of approval are effective from the day after the notice is registered on the Federal Register of Legislative Instruments.
Scope and Application
The F2010L02937 instrument under the Higher Education Support Act 2003 (HESA) pertains to the approval of Wealth Within Institute Pty Ltd as a Vocational Education and Training (VET) Provider. This approval is in accordance with Clause 6 of Schedule 1A of HESA, which sets out the criteria and process for approving bodies as VET Providers. Wealth Within Institute Pty Ltd, as a corporate entity and a Registered Training Organisation (RTO), has been granted the status of a VET Provider, enabling it to offer VET FEE-HELP assistance to its eligible students for accredited courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The Minister for Tertiary Education, Skills, Jobs and Workplace Relations has delegated the powers to approve VET Providers under clauses 6 and 11 of Schedule 1A of HESA to an Australian Public Service employee in the Department. This approval and the subsequent notice of approval are legislative instruments under subclause 12(1) of HESA, with the decision and notice taking effect the day after registration on the Federal Register of Legislative Instruments. Given that this notice solely benefits Wealth Within Institute Pty Ltd and does not have a substantial effect on other businesses or competition, consultation was deemed unnecessary.
Key Provisions
The primary operative sections of the legislation are clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA) (sections 6 and 11 respectively). Clause 6 pertains to the approval process for bodies to become VET providers, while clause 11 outlines the Minister's responsibility to decide on applications for such approval and to notify the applicant of the outcome in writing. Section 12(1) of HESA stipulates that a notice of approval for a body as a VET provider is a legislative instrument. Additionally, section 238-5 of HESA delegates the Minister's powers under clauses 6 and 11 to an APS employee within the Department.
The Act imposes several obligations on the parties involved. Firstly, the Minister, or their delegate, must review and decide on applications for approval as a VET provider, ensuring that the applicants meet the necessary criteria and conditions. This decision-making process must be conducted in accordance with the provisions of clauses 6 and 11 of Schedule 1A of HESA. Once the decision is made, the Minister, or their delegate, is required to notify the applicant in writing of the outcome, whether the application is approved or not. The notice of approval itself is a legislative instrument under section 12(1) of HESA.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the legislation for breach of its provisions. However, the approval process is crucial for entities seeking to become VET providers, as it enables them to offer VET FEE-HELP assistance to their eligible students. The approval and subsequent notification process is designed to ensure that only entities meeting the required standards and criteria can participate in the VET FEE-HELP scheme.