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 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 Hope of the Gold Coast Ltd ACN: 070 512 560 ABN: 72 070 512 560 as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Hope of the Gold Coast Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Hope of the Gold Coast 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 Hope of the Gold Coast 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 Hope of the Gold Coast 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 financial assistance to students pursuing vocational education and training (VET). This legislation provides a framework for the VET FEE-HELP Assistance Scheme, an extension of the higher education FEE-HELP arrangements, to assist eligible students in paying their VET tuition fees. The Act was enacted by the Parliament of Australia and its primary policy objective is to ensure that students have access to affordable VET courses. The Act authorises the Minister for Tertiary Education, Skills, Jobs and Workplace Relations to approve bodies as VET providers, who can then offer VET FEE-HELP assistance to their eligible students. The Explanatory Statement for VET Provider Approval No. 15 of 2011, issued under the authority of the Minister, approves Hope of the Gold Coast Ltd as a VET Provider, allowing it to offer VET FEE-HELP assistance to its eligible students. This approval is a legislative instrument that takes effect on the day after the notice is registered on the Federal Register of Legislative Instruments.
Scope and Application
The VET Provider Approval No. 15 of 2011 issued under the Higher Education Support Act 2003 (HESA) applies to the approval of entities that wish to become VET Providers under the VET FEE-HELP Assistance Scheme. Specifically, this Act facilitates the approval of bodies corporate, which are also Registered Training Organisations (RTOs), to offer VET FEE-HELP assistance to their eligible students. The approval process involves a decision by the Minister, or a delegate, on applications for approval under Clause 6 of Schedule 1A of HESA, and notification of that decision to the applicant under Clause 11 of Schedule 1A of HESA. This Act applies nationally across Australia, as it is part of the Commonwealth legislation. There are no specific exclusions or exemptions mentioned in this particular notice, but the Act may include such provisions in other contexts. The geographic reach of this Act is national, applying to all eligible bodies corporate across Australia that wish to participate in the VET FEE-HELP scheme. The Act’s application may be further defined or extended through subordinate instruments, although such extensions are not detailed in this specific notice.
Key Provisions
The main operative sections of this legislation (F2011L01472) are clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA). Clause 6 (1) authorises the Minister to approve bodies as VET Providers, while clause 11 (1) mandates the Minister to decide on applications for approval and to notify the applicant of the decision. Subclause 12 (1) stipulates that a notice of approval is a legislative instrument. This notice (VET Provider Approval No. 15 of 2011) approves Hope of the Gold Coast Ltd as a VET Provider and notifies them of this approval.
The Act imposes specific obligations and requirements on entities applying for VET Provider approval. Under clause 6, an entity must apply to the Minister for approval as a VET Provider. The Minister must then decide the application and notify the applicant in writing of the decision, as per clause 11 (1). Once approved, the entity becomes eligible to offer VET FEE-HELP assistance to eligible students. The entity must adhere to the conditions of the approval and the VET FEE-HELP Assistance Scheme to maintain its status as a VET Provider.
Failure to comply with the provisions of the Act may result in civil or criminal consequences. However, this particular legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance. The penalties for breaches of the Higher Education Support Act 2003 or the VET FEE-HELP Assistance Scheme would typically be found in the primary legislation or other related regulations. The Minister's power to approve VET Providers is delegated to an APS employee in the Department, as per section 238-5 of HESA.