EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No. 18 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 Royal Melbourne Institute of Technology 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 Royal Melbourne Institute of Technology 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 F2009L01674, issued under the Higher Education Support Act 2003, confirms the approval of Royal Melbourne Institute of Technology as a VET provider. Enacted by the Australian government, this legislation aims to extend the Higher Education Loan Program (HELP) to the vocational education and training sector through the VET FEE-HELP scheme, which assists eligible students with their tuition fees for certain accredited courses. The approval process under Schedule 1A of the Higher Education Support Act ensures that only eligible bodies corporate, which are also Registered Training Organisations, can apply and, if approved, offer VET FEE-HELP assistance to their students. The approval takes effect on the day following the disallowance period set by the Parliament, ensuring timely implementation of the scheme. This measure addresses the gap in financial support for VET students, allowing them to access higher education opportunities with reduced financial barriers.
Scope and Application
The F2009L01674 Notice of Approval under subsection 11(1) of Schedule 1A of the Higher Education Support Act 2003 pertains specifically to the approval of the Royal Melbourne Institute of Technology as a Vocational Education and Training (VET) provider. This approval allows the institution to offer VET FEE-HELP assistance to its eligible students, which is part of the Higher Education Loan Program (HELP) and an extension of the higher education FEE-HELP arrangements. The scope of the legislation is confined to the approval of this particular entity as a VET provider, enabling it to assist eligible, full fee-paying students in paying for their tuition fees for accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval is geographically effective within the Commonwealth of Australia and does not extend to other entities unless similarly approved. There are no stated exclusions or exemptions in this notice, and it does not involve subordinate instruments for extending or restricting its application.
Key Provisions
The key operative sections of this legislation pertain to the approval of the Royal Melbourne Institute of Technology as a VET provider under the Higher Education Support Act 2003 (HESA) (1). This approval allows the institution to offer VET FEE-HELP assistance to eligible students. The notice is issued under the authority of the Minister for Education, as stated in subclause 11(1) of Schedule 1A of HESA (2). The approval is effective from the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice (3).
The approval imposes certain obligations on the Royal Melbourne Institute of Technology. As a VET provider, it must adhere to the requirements and conditions set out in the VET FEE-HELP arrangements (4). This includes ensuring that the institution offers eligible accredited VET courses of study such as diploma, advanced diploma, graduate certificate, and graduate diploma (5). Additionally, the institution must comply with the Higher Education Loan Program (HELP) provisions and other relevant regulations.
Failure to comply with the provisions of HESA and the conditions of the approval could result in various consequences. The Act outlines offences and penalties for non-compliance, though the specific details are not provided in the notice. Generally, breaches of HESA could lead to civil or criminal penalties, depending on the nature and severity of the offence (6). The maximum penalties for breaches are specified in the Act but are not detailed in this notice.
The notice explicitly states that no consultation was undertaken as it was deemed unnecessary because the approval confers a benefit solely on the Royal Melbourne Institute of Technology and does not have a substantial effect on business or restrict competition (7). This highlights that the approval is tailored specifically to the institution and its role as a VET provider.
In summary, the notice approves the Royal Melbourne Institute of Technology as a VET provider under HESA, enabling it to offer VET FEE-HELP assistance to eligible students. The approval entails specific obligations for the institution, such as offering eligible accredited courses and complying with HELP provisions. While the notice does not detail specific penalties for non-compliance, breaches of the Act could result in civil or criminal consequences. Consultation was not considered necessary as the approval benefits only the institution and does not impact broader business or competition.