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. 19 of 2009
Issued by the authority of the
Minister for Education
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 Schedule 1A 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 her powers under clauses 6 and 11 of Schedule 1A of HESA to an APS employee in the Department.
Purpose
This instrument approves Carrick Institute of Education Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Carrick Institute of Education Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Carrick Institute of Education Pty 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 Carrick Institute of Education 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 Carrick Institute of Education 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 a framework for financial support and assistance within the Australian higher education and vocational education and training sectors. A significant aspect of this legislation is the VET FEE-HELP Assistance Scheme, which was introduced to address the financial barriers faced by students pursuing vocational education and training courses. This scheme extends the benefits of the higher education FEE-HELP arrangements to the VET sector, enabling eligible students to access income contingent loans to cover their tuition fees. The Act is administered by the Parliament of Australia, and the policy objective is to facilitate access to vocational education and training by removing financial impediments for eligible students. This legislative instrument, VET Provider Approval No. 19 of 2009, specifically approves Carrick Institute of Education Pty Ltd as a VET Provider under clause 6 of Schedule 1A of HESA, and notifies the applicant of this approval, thereby allowing the institute to offer VET FEE-HELP assistance to its students.
Scope and Application
The VET Provider Approval No. 19 of 2009 under the Higher Education Support Act 2003 (HESA) pertains specifically to Carrick Institute of Education Pty Ltd, approving it as a VET Provider. This approval enables the institute, being a body corporate and a Registered Training Organisation (RTO), to offer VET FEE-HELP assistance to its eligible students. The approval process under clauses 6 and 11 of Schedule 1A of HESA involves the Minister for Education, who has delegated these powers to an Australian Public Service employee within the Department. Carrick Institute of Education Pty Ltd is now permitted to provide assistance to students pursuing eligible VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval and the associated notification are legislative instruments effective from the day after their registration on the Federal Register of Legislative Instruments. This instrument does not extend to any other entities and is confined to the specific approval of Carrick Institute of Education Pty Ltd.
Key Provisions
The main operative sections of this legislation are Clause 6 and Clause 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA). Clause 6 allows the Minister to approve bodies as Vocational Education and Training (VET) providers. Clause 11 requires the Minister to decide on an application for approval and to notify the applicant in writing of the decision. The approval and notification are considered legislative instruments under this Act.
In accordance with the provisions of the legislation, the Minister has delegated her powers to an Australian Public Service (APS) employee within the Department. This delegation is made under section 238-5 of HESA. The purpose of this specific instrument is to approve Carrick Institute of Education Pty Ltd as a VET provider under Clause 6 of Schedule 1A of HESA, and to decide on its application for approval under Clause 11 of Schedule 1A of HESA. Additionally, it notifies Carrick Institute of Education Pty Ltd of this approval under Clause 11 of Schedule 1A of HESA.
The obligations and requirements imposed by this Act on Carrick Institute of Education Pty Ltd include applying for approval as a VET provider and complying with the conditions set by the Minister. Once approved, Carrick Institute of Education Pty Ltd must adhere to the terms and conditions of the approval, which may include meeting certain educational and administrative standards, as well as offering VET FEE-HELP assistance to eligible students.
There are no specific offences, penalties, or consequences outlined in this particular instrument for breaches of the approval process. However, under the general provisions of HESA, any failure to comply with the terms and conditions of the approval may result in sanctions, including the possibility of revocation of the approval. The exact penalties for non-compliance would depend on the nature and severity of the breach, and would be determined in accordance with the relevant sections of the Higher Education Support Act 2003.