EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) 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
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 Carrick Institute of Education 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 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, enacted by the Parliament of Australia, was introduced to address the need for a robust framework governing student support in higher education. The Act provides for the regulation of educational institutions and the establishment of various loan schemes to assist students in managing their educational costs. One significant component of this Act is the VET FEE-HELP scheme, which extends the benefits of the FEE-HELP arrangements to the vocational education and training (VET) sector. This scheme is designed to support eligible, full fee-paying students by providing income contingent loans to cover their VET tuition fees. The Carrick Institute of Education Pty Ltd was approved as a VET provider under this scheme through Notice of Approval No. 19 of 2009, issued by the Minister for Education. The primary objective of this approval is to enable the Carrick Institute to offer VET FEE-HELP assistance to its students undertaking eligible accredited VET courses, thereby broadening the scope of financial support available in the vocational education sector.
Scope and Application
The Notice of Approval issued under subsection 11(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA) pertains specifically to the Carrick Institute of Education Pty Ltd, granting it approval as a VET provider. This approval enables the institute to offer VET FEE-HELP assistance to eligible, full fee-paying students enrolled in accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval applies to Carrick Institute of Education Pty Ltd as a body corporate and Registered Training Organisation (RTO), allowing it to participate in the VET FEE-HELP scheme, an extension of the higher education FEE-HELP arrangements. The approval becomes effective on the day after any potential disallowance resolution by a House of Parliament could have been passed. The notice does not extend to other entities, and no consultation was deemed necessary as it solely benefits the Carrick Institute of Education Pty Ltd without substantial effects on business or competition. The approval process adheres to the jurisdictional framework set by the Commonwealth under HESA.
Key Provisions
The Notice of Approval under subclause 11(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA) (paragraph 1) serves to formally approve Carrick Institute of Education Pty Ltd as a VET provider. This approval allows the institute to offer VET FEE-HELP assistance to eligible students who are undertaking specific accredited VET courses, such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval process ensures that Carrick Institute of Education Pty Ltd meets the criteria set out in the HESA and its related Schedules, enabling it to participate in the Higher Education Loan Program (HELP).
Carrick Institute of Education Pty Ltd, as an approved VET provider, has certain obligations under the Act (paragraph 2). These include ensuring that all courses offered are accredited and meet the standards set forth by the relevant authorities. Additionally, the institute must adhere to the financial and administrative requirements established to manage VET FEE-HELP loans effectively. It is also expected to maintain proper records and provide necessary information to students regarding their eligibility and the terms of the VET FEE-HELP assistance.
The Act imposes specific requirements on Carrick Institute of Education Pty Ltd to maintain its approval status (paragraph 3). These include providing accurate and timely information to the relevant authorities, ensuring that courses and services comply with all relevant educational standards, and reporting any changes in course offerings or institutional status promptly. Failure to comply with these requirements may lead to the withdrawal of approval and potential legal consequences.
There are significant consequences for non-compliance with the provisions of the HESA (paragraph 4). Offences under the Act can result in both civil and criminal penalties. For instance, providing misleading or false information to obtain approval can lead to fines, with the maximum penalty stipulated in the Act. Additionally, continued non-compliance or repeated breaches may result in the revocation of the institute's approval to operate as a VET provider, which can severely impact its ability to provide education services and offer VET FEE-HELP assistance. The precise penalties and consequences are detailed within the Act, ensuring that there is a clear understanding of the legal ramifications of non-compliance.