EXPLANATORY STATEMENT
Notice of approval pursuant to subclause 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No. 17 of 2009
Issued by the authority of the
Minister for Education
Subject: Higher Education Support Act 2003 (HESA)
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 revoke the current notice of approval of the Australian Institute of Holistic Medicine Pty Ltd as a VET provider and remake the notice.
Purpose
Under Schedule 2 of the Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009 certain amendments to Schedule 1A of HESA commenced on 24 June 2009. The amendments enable a decision to approve a body corporate as a VET provider to take effect in accordance with provisions of the Legislative Instruments Act 2003 rather than at the end of the disallowance period. The purpose of remaking the notice of approval is to enable the body corporate to take advantage of the beneficial effect of these amendments.
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 notice of approval is registered on the Federal Register of Legislative Amendments.
Consultation
Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on of the Australian Institute of Holistic Medicine 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 financial support for students in higher education and vocational education and training (VET) in Australia. It was introduced to address the need for an integrated system to support students in these sectors, ensuring they have access to necessary financial assistance. The Act was enacted by the Parliament of Australia and its policy objective is to promote access to and participation in higher education and vocational education and training by providing financial support to eligible students. One of the key provisions of the Act is the approval process for VET providers, which was amended by the Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009 to streamline the approval process and enable the immediate effect of approval decisions. This was done to ensure that eligible students could access financial assistance without delay.
The Notice of Approval under the Higher Education Support Act 2003 relates to the approval of the Australian Institute of Holistic Medicine Pty Ltd as a VET provider. This notice revokes the existing approval and remakes it to allow the institute to benefit from the amendments that came into effect on 24 June 2009. These amendments enable the decision to approve a body corporate as a VET provider to take effect immediately upon registration, rather than waiting until the end of the disallowance period. The approval allows the institute to offer VET FEE-HELP assistance to its eligible students, thereby supporting their participation in vocational education and training. The approval takes effect on the day after the notice is registered on the Federal Register of Legislative Instruments, and no consultation was deemed necessary as the notice solely benefits the Australian Institute of Holistic Medicine Pty Ltd without affecting competition or business operations.
Scope and Application
The Higher Education Support Act 2003 (HESA) applies to entities that are approved as Vocational Education and Training (VET) providers, enabling them to offer VET FEE-HELP assistance to their eligible students. The Act, through its Schedule 1A, specifically targets bodies corporate that are Registered Training Organisations (RTOs) and provides the framework for their approval as VET providers. The approval process, as outlined in the Explanatory Statement for Notice of Approval No. 17 of 2009, applies nationally across Australia and is managed by the Minister for Education. The notice in question concerns the approval of the Australian Institute of Holistic Medicine Pty Ltd, revoking and remaking its approval to ensure it can benefit from recent legislative amendments. These amendments allow for the approval process to be more streamlined, taking effect immediately upon registration rather than waiting for the disallowance period to expire. Notably, this specific notice does not require consultation as it pertains solely to the Australian Institute of Holistic Medicine Pty Ltd and does not have a substantial impact on business or competition.
Key Provisions
The main operative sections of the legislation, under the Higher Education Support Act 2003 (HESA), relate to the approval of a VET provider. Specifically, Section 11(1) of Schedule 1A of HESA allows for the approval of a body corporate as a VET provider. This approval process is crucial for the Australian Institute of Holistic Medicine Pty Ltd as it enables the provider to offer VET FEE-HELP assistance to its students. The amendments under the Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009 ensure that the approval takes effect in accordance with the provisions of the Legislative Instruments Act 2003, rather than waiting for the disallowance period to expire.
The obligations and requirements imposed by this Act on the Australian Institute of Holistic Medicine Pty Ltd include meeting the criteria for approval as a VET provider. The provider must ensure that they are a Registered Training Organisation (RTO) and offer eligible accredited VET courses of study, such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. Once approved, the provider is permitted to offer VET FEE-HELP assistance to their eligible, full fee-paying students. This assistance helps students to pay for all or part of their VET tuition fees.
The legislation does not explicitly outline specific offences, penalties, or consequences for breach within the text provided. However, the revocation and remake of the approval notice highlight the importance of compliance with the requirements set out in the Higher Education Support Act 2003 and its amendments. Any failure to comply with the provisions for approval as a VET provider could potentially result in the loss of eligibility to offer VET FEE-HELP assistance. While the text does not specify maximum penalties, it can be inferred that non-compliance could lead to the withdrawal of approval and subsequent revocation of the provider's eligibility to participate in the VET FEE-HELP scheme.