Higher Education Support Act 2003 - VET Provider Approval (No. 16 of 2014)

Legislation au F2014L00251 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Approval and Notice of Approval under subclauses 6(1) and 11(1) of Schedule 1A

to the Higher Education Support Act 2003

 

VET Provider Approval No. 16 of 2014

 

Issued by the authority of the Minister for Education

 

Authority

Subclause 6(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act) provides for the approval of bodies as VET Providers by the Minister. Paragraph 11(1)(a) of Schedule 1A to the Act provides that the Minister must decide an application for approval as a VET Provider and under paragraph 11(1)(b) cause the applicant to be notified in writing whether or not the applicant is approved as a VET provider.

 

Under section 238‑5 of the Act the Minister has delegated his powers under clauses 6 and 11 of Schedule 1A to the Act to an APS employee responsible for administering the Act.

 

Subclause 12(1) of Schedule 1A to the Act stipulates that a notice of approval under paragraph 11(1)(b) of the Act is a legislative instrument.

 

Purpose

This instrument:

a. approves Health Careers International Pty Ltd (ACN: 106 800 944 ABN: 59  106 800 944) as a VET Provider under subclause 6(1) of Schedule 1A to the Act;

b. decides the application of Health Careers International Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A to the Act; and

c. gives Health Careers International Pty Ltd notice of that approval for the purposes of paragraph 11(1)(b) of Schedule 1A to the Act.

 

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.

In accordance with subclause 6(1) of Schedule 1A to the Act, bodies corporate that are also Registered Training Organisations (RTOs) are able to apply to become approved as a VET provider.  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 to the Act and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve Health Careers International 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 Health Careers International 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.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

Notice of approval

 

This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Instrument is made by the Minister under subclause 6(1), paragraph 11(1)(b) and subclause 12(1) of Schedule 1A to the Act. The purpose of the Instrument is to approve Health Careers International Pty Ltd as a VET provider for the purposes of the VET FEE‑HELP Assistance Scheme under the Act. For approval as a VET Provider the Minister must be satisfied that the body meets the requirements of subclause 6(1) of Schedule 1A to the Act.

 

Human rights implications

 

Right to education

 

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of vocational education and training by Health Careers International Pty Ltd by approving it as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under the Act, enabling it to offer VET FEE‑HELP assistance to its eligible students.

 

The objective of the Instrument is to approve Health Careers International Pty Ltd as a VET provider under the Act and thereby enable eligible students of Health Careers International Pty Ltd to access VET FEE‑HELP assistance for VET courses of study.

 

To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument approves Health Careers International Pty Ltd as a VET provider, thereby extending VET FEE‑HELP assistance and the availability of education to its eligible students.

 

Conclusion

 

This Instrument is compatible with human rights because it advances the protection of human rights.

 

 

 

 

 

Overview

The Higher Education Support Act 2003 (the Act) was enacted to provide a framework for the provision of financial support to students in higher education and vocational education and training (VET) in Australia. This Act was introduced to address the need for a structured system to support students in their educational pursuits by providing income-contingent loans and other forms of assistance. The Act, enacted by the Parliament of Australia, aims to facilitate access to higher education and VET by mitigating the financial burden on students. The Higher Education Support (VET Provider Approval No. 16 of 2014) legislative instrument, issued by the Minister for Education, serves to approve specific entities as VET Providers under the Act. This approval process is crucial for enabling these entities to offer VET FEE-HELP assistance to eligible students, thereby expanding access to vocational education and aligning with the policy objective of supporting student participation in VET courses.

Scope and Application

The Higher Education Support Act 2003, specifically Schedule 1A, authorises the Minister for Education to approve bodies corporate that are Registered Training Organisations (RTOs) as VET Providers. This Act applies to entities like Health Careers International Pty Ltd that meet the criteria of being an RTO and wish to offer vocational education and training courses eligible for the VET FEE-HELP Assistance Scheme. The approval process is conducted under subclause 6(1) and paragraph 11(1) of Schedule 1A, and the Minister has delegated these powers to an APS employee responsible for administering the Act. The geographic reach of this Act is national, as it falls under Commonwealth legislation. The approval process and subsequent notice, as stipulated in subclause 12(1), become effective the day after they are registered on the Federal Register of Legislative Instruments. Notably, this approval does not extend to any entities other than Health Careers International Pty Ltd in this specific legislative instrument. Furthermore, the Act does not specify any exclusions, exemptions, or thresholds within this context, though broader criteria for approval may be detailed elsewhere in the Act or related instruments.

Key Provisions

The primary sections of this legislative instrument (F2014L00251) under the Higher Education Support Act 2003 involve the approval of a body as a VET Provider and the subsequent notification of this approval. Specifically, subclause 6(1) of Schedule 1A to the Act mandates the approval of bodies as VET Providers by the Minister. Under paragraph 11(1)(a) of Schedule 1A, the Minister must decide on an application for approval as a VET Provider, and under paragraph 11(1)(b), the Minister must notify the applicant in writing of the approval decision. The Minister has delegated these powers to an APS employee responsible for administering the Act under section 238-5 of the Act. Furthermore, subclause 12(1) of Schedule 1A specifies that a notice of approval is a legislative instrument. This legislative instrument serves to approve Health Careers International Pty Ltd as a VET Provider, decide on their application, and provide written notification of this decision. The obligations and requirements imposed by the Act on the parties it governs are primarily centred around the approval process for VET Providers. To be approved as a VET Provider, the entity must meet the requirements stipulated in subclause 6(1) of Schedule 1A. This likely includes ensuring that the entity is a Registered Training Organisation (RTO) and that it is capable of offering VET FEE-HELP assistance to eligible students. Additionally, the Minister must ensure that the entity is notified in writing of the approval decision, as mandated by paragraph 11(1)(b) of Schedule 1A. Compliance with these requirements is necessary for the entity to become an approved VET Provider and to offer VET FEE-HELP assistance. Regarding offences, penalties, or consequences for breaches, the legislative instrument does not explicitly outline specific offences or penalties for non-compliance with the approval process. However, the Higher Education Support Act 2003 likely contains provisions that address non-compliance, including potential penalties for entities that fail to meet the criteria for approval or that misuse their approval status. Typically, breaches of legislative instruments in Australia can result in administrative penalties, fines, or revocation of the entity's approval status. The specific consequences would depend on the nature and severity of the breach, as well as any applicable laws and regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.