EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 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
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 Australian Institute of Holistic Medicine Pty Ltd 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 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 Explanatory Statement provides details regarding the approval of Australian Institute of Holistic Medicine Pty Ltd as a VET provider under the Higher Education Support Act 2003. Enacted to address the need for the regulation and support of vocational education and training providers within the Australian education framework, this Act facilitates the VET FEE-HELP scheme. The scheme is designed to assist eligible full fee-paying students by providing income contingent loans to cover tuition fees for certain accredited courses. This approval allows the Australian Institute of Holistic Medicine Pty Ltd to offer VET FEE-HELP assistance to its students. The approval process, governed by the relevant clauses of Schedule 1A of the Higher Education Support Act 2003, ensures that only eligible bodies corporate that are also Registered Training Organisations (RTOs) can participate in this scheme. The Minister for Education issued this notice, and it came into effect after the requisite parliamentary scrutiny period, ensuring that the approval process adheres to legislative requirements. The decision to proceed without consultation was based on the limited impact of the approval on the broader business environment and competition.
Scope and Application
The VET Provider Approval (No. 17 of 2009) Notice of Approval under subclause 11(1) of Schedule 1A of the Higher Education Support Act 2003 serves to approve the Australian Institute of Holistic Medicine Pty Ltd as a VET provider, thereby enabling this entity to offer VET FEE-HELP assistance to its eligible students. This approval is specifically targeted at the vocational education and training sector, extending the benefits of the income contingent loan scheme to students enrolled in eligible accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval process was straightforward, as the notice only affects the Australian Institute of Holistic Medicine Pty Ltd directly and does not impose any substantial indirect effects on businesses or restrict competition. The commencement of the approval follows the stipulated procedures in clause 12 of Schedule 1A of the HESA, effective the day after the disallowance resolution period in Parliament concludes. This targeted legislative action aligns with the broader aim of the Higher Education Support Act to support vocational education and training through financial assistance mechanisms.
Key Provisions
The main operative sections of this legislation (subclause 11(1) of Schedule 1A of the Higher Education Support Act 2003) provide for the approval of Australian Institute of Holistic Medicine Pty Ltd as a VET provider. This approval is given in the Notice of Approval and is effective from the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice (clause 12 of Schedule 1A of HESA). This approval permits the Australian Institute of Holistic Medicine Pty Ltd to offer VET FEE-HELP assistance to their eligible students, enabling them to pay for all or part of their VET tuition fees for courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas.
The Act imposes specific obligations and requirements on the Australian Institute of Holistic Medicine Pty Ltd as a VET provider. These include adhering to the terms and conditions of the VET FEE-HELP scheme, ensuring that the courses offered are accredited, and maintaining eligibility criteria for students to qualify for the VET FEE-HELP assistance. The VET provider must also comply with all relevant regulatory and legislative requirements governing vocational education and training in Australia. Failure to comply with these obligations could result in the revocation of their VET provider status.
Under the legislation, breaches of the requirements and obligations can lead to serious consequences. Although the Explanatory Statement does not explicitly detail specific offences or penalties, it is reasonable to infer that non-compliance with the provisions of the Higher Education Support Act 2003 could result in penalties under the Act itself or related legislation. These penalties could include fines, the loss of approval as a VET provider, or legal action for breaches of contract or statutory obligations. The specific penalties would depend on the nature and severity of the breach, and any applicable maximum penalties would be determined by the relevant courts or regulatory authorities.