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 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 Actors Centre Australia Pty Limited as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Actors Centre Australia Pty Limited for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Actors Centre Australia Pty Limited 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 Actors Centre Australia Pty Limited 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 Actors Centre Australia Pty Limited 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 support for students and institutions within the higher education sector in Australia. Specifically, the Act addresses the need for a structured financial assistance framework for vocational education and training (VET) students, enabling them to access income-contingent loans to cover their tuition fees. The VET FEE-HELP scheme, introduced under Schedule 1A of the Act, extends the financial assistance model of the higher education FEE-HELP to the VET sector, supporting eligible students undertaking accredited courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The Act empowers the Minister for Tertiary Education, Skills, Jobs and Workplace Relations to approve bodies as VET providers, ensuring that only qualified entities can offer VET FEE-HELP assistance to students. This legislative instrument, issued under the authority of the Minister, aims to facilitate the inclusion of Actors Centre Australia Pty Limited as a VET provider, thereby extending the scheme's benefits to its eligible students.
Scope and Application
The F2010L03027 legislative instrument pertains to the approval of Actors Centre Australia Pty Limited as a VET Provider under the Higher Education Support Act 2003 (HESA), specifically in accordance with clauses 6 and 11 of Schedule 1A. This approval empowers the entity to offer VET FEE-HELP assistance to eligible students pursuing accredited courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval process is administered by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, who has delegated these powers to an Australian Public Service employee within the Department. The approval and the accompanying notice are legislative instruments and take effect the day after registration on the Federal Register of Legislative Instruments. This approval applies solely to Actors Centre Australia Pty Limited, and no consultation was deemed necessary as the notice does not affect other businesses or restrict competition. The approval does not extend beyond the Commonwealth jurisdiction, and there are no stated exclusions or exemptions within this specific legislative instrument.
Key Provisions
The legislation F2010L03027, titled "VET Provider Approval No. 19 of 2010," concerns the approval of Actors Centre Australia Pty Limited as a VET Provider under clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA). Clause 6 allows the Minister to approve bodies as VET Providers, while clause 11 mandates that the Minister must decide an application for such approval and notify the applicant in writing. Actors Centre Australia Pty Limited has been approved as a VET Provider, allowing them to offer VET FEE-HELP assistance to their eligible students studying eligible accredited VET courses.
The obligations imposed on Actors Centre Australia Pty Limited, as a newly approved VET Provider, include adhering to the conditions and requirements set forth by the Higher Education Support Act 2003, specifically concerning the administration and provision of VET FEE-HELP assistance. They must ensure that their courses and services meet the eligibility criteria for the VET FEE-HELP scheme, and they must maintain accurate records and reporting as required by the Act. Failure to comply with these obligations could result in the revocation of their approval as a VET Provider, thereby losing the ability to offer VET FEE-HELP assistance to their students.
In terms of consequences for breach, the Act does not specify particular offences or penalties within the notice itself. However, the Higher Education Support Act 2003 provides a framework under which breaches of the Act or non-compliance with its provisions can lead to civil or criminal penalties. The specific penalties for breaches can vary depending on the nature and severity of the breach, but they can include fines, revocation of approvals, or other administrative actions taken by the relevant authorities. The Act allows for these penalties to be imposed to ensure compliance with the requirements of the VET FEE-HELP scheme and to protect the interests of eligible students and the integrity of the scheme.