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. 17 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 Avondale College Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Avondale College Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Avondale College 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 Avondale College 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 Avondale College 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 a framework for supporting higher education and vocational education and training in Australia. One of its key components is the VET FEE-HELP Assistance Scheme, which assists eligible students in paying their tuition fees for certain vocational courses through income contingent loans. To administer this scheme, Schedule 1A of HESA includes provisions for the approval of bodies as VET Providers by the Minister, and requires the Minister to notify applicants in writing of their approval status. In response to this legislative framework, the Minister for Tertiary Education, Skills, Jobs and Workplace Relations issued the VET Provider Approval No. 17 of 2010, which approved Avondale College Ltd as a VET Provider under clause 6 of Schedule 1A of HESA and notified the institution of its approval status under clause 11. This legislative instrument aims to extend the availability of VET FEE-HELP to students at approved vocational education providers, thereby enhancing access to vocational education and training in Australia.
Scope and Application
The F2010L03024 approval notice, issued under clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003, pertains specifically to the approval of Avondale College Ltd as a VET Provider. This approval enables Avondale College Ltd, a body corporate that is also a Registered Training Organisation (RTO), to offer VET FEE-HELP assistance to its eligible students for accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval is granted by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, although the actual decision-making authority has been delegated to an Australian Public Service employee within the Department. The notice of approval, which serves as a legislative instrument, comes into effect on the day following its registration on the Federal Register of Legislative Instruments. Notably, this approval neither requires nor has undergone consultation, as it exclusively benefits Avondale College Ltd and does not impose any direct or substantial indirect effects on businesses or competition.
Key Provisions
The legislation, F2010L03024, outlines the approval and notification processes for Avondale College Ltd as a Vocational Education and Training (VET) Provider under Clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA). Section 238-5 of HESA delegates the Minister's powers to an Australian Public Service employee within the Department. This approval permits Avondale College Ltd to participate in the VET FEE-HELP Assistance Scheme, which is an extension of the Higher Education FEE-HELP arrangements, enabling eligible students to receive assistance for their VET tuition fees.
Under this legislation, Avondale College Ltd must meet certain criteria to qualify as a VET Provider. The approval process involves a written notification from the Minister, confirming the status of Avondale College Ltd as a VET Provider. This approval is contingent on the entity being a body corporate and a Registered Training Organisation (RTO). Once approved, Avondale College Ltd can offer VET FEE-HELP assistance to its eligible students who are enrolled in accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas.
The obligations placed on Avondale College Ltd include adhering to the conditions set forth by the Minister and ensuring that all students receiving VET FEE-HELP assistance meet the eligibility criteria. The college must also maintain proper records and report any discrepancies to the relevant authorities. Additionally, Avondale College Ltd must comply with all other applicable laws and regulations governing the VET sector and the operation of RTOs.
Failure to comply with the provisions of the Higher Education Support Act 2003 or the conditions of the approval could result in penalties. While the specific penalties are not detailed in this legislation, breaches of the HESA may lead to civil or criminal consequences. The maximum penalties for breaches can include fines and potential revocation of the VET Provider approval, thereby affecting the college's ability to offer VET FEE-HELP assistance to its students. The precise penalties would be determined in accordance with the broader provisions of HESA and other relevant legislation.