Higher Education Support Act 2003 - VET Provider Approval (No. 19 of 2012)

Legislation au F2012L01866 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Approval and Notice of Approval under clauses 6 and 11 of Schedule 1A

to the Higher Education Support Act 2003

 

VET Provider Approval No. 19 of 2012

 

Issued by the authority of the

Minister for Tertiary Education, Skills, Science and Research

 

Subject: Higher Education Support Act 2003 (HESA)

VET Provider approval and Notice of Approval under clauses 6 and 11 of Schedule 1A to HESA

 

Authority

Schedule 1A to 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) Schedule 1A to 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 to HESA to an APS employee in the Department.

 

Purpose

This instrument approves La Trobe International Galleries Pty. Ltd. (ACN: 068 683 214  ABN: 65 068 683 214)  as a VET Provider under Clause 6 of Schedule 1A to HESA and as a consequence decides the application of La Trobe International Galleries Pty. Ltd. for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA.  The instrument also gives La Trobe International Galleries Pty. Ltd. notice of that approval for the purposes of paragraph 11(1)(b) of Schedule 1A to 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 that 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 to HESA and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve La Trobe International Galleries 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 La Trobe International Galleries 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.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Notice of Approval - VET Provider Approval

 

This Legislative Instrument (the Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Instrument is made by the Minister under subclause 6(1), paragraph 11(1)(b) and subclause 12(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act).

 

The purpose of the Instrument is to approve La Trobe International Galleries Pty. Ltd. as a VET provider for the purposes of the VET FEE‑HELP Assistance Scheme under the Act.

 

For the Minister to approve a body corporate as a VET provider the Minister must be satisfied that the body meets the requirements of subclause 6(1) of Schedule 1A to the Act.

 

Human rights implications

 

Right to education

 

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of vocational education and training by La Trobe International Galleries Pty. Ltd. by approving it as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under the Act, enabling it to offer VET FEE‑HELP Assistance to its eligible students.

 

The objective of the Instrument is to approve La Trobe International Galleries Pty. Ltd. as a VET provider under the Act and thereby enable eligible students of La Trobe International Galleries Pty. Ltd. to access VET FEE‑HELP Assistance for VET courses of study.

 

To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument approves La Trobe International Galleries Pty. Ltd. as a VET provider, thereby extending VET FEE‑HELP Assistance and the availability of education to its eligible students.

 

Conclusion

 

This Instrument is compatible with human rights because it advances the protection of human rights.

 

 

Overview

The Higher Education Support Act 2003 (HESA), enacted to provide a structured support framework for the higher education sector in Australia, addresses the need for a regulated mechanism to facilitate the implementation of specific support schemes within the vocational education and training (VET) sector. This legislation was introduced by the Australian Parliament to establish and oversee financial assistance programs that support students in their pursuit of higher education and vocational training. The Act was intended to streamline and formalise the approval process for bodies seeking to offer VET FEE-HELP Assistance, an income contingent loan scheme designed to assist eligible students with their tuition fees. The policy objective behind HESA is to ensure that students have access to necessary financial support, thereby enhancing their educational opportunities and outcomes. The Act empowers the Minister for Tertiary Education, Skills, Science and Research to approve VET providers under specific clauses, ensuring that only qualified and compliant entities can participate in the VET FEE-HELP Assistance Scheme.

Scope and Application

The VET Provider Approval No. 19 of 2012, issued under clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA), pertains specifically to the approval of La Trobe International Galleries Pty. Ltd. as a VET Provider within the VET FEE-HELP Assistance Scheme. This approval allows La Trobe International Galleries Pty. Ltd., a body corporate also registered as a Training Organisation, to offer VET FEE-HELP Assistance to its eligible students undertaking specific accredited VET courses. The approval process is governed by the Minister for Tertiary Education, Skills, Science and Research, who has delegated the authority to an Australian Public Service (APS) employee in the Department. The approval and the consequential notice of approval take effect on the day after the notice is registered on the Federal Register of Legislative Instruments. This legislative instrument does not apply to any entities other than La Trobe International Galleries Pty. Ltd. and does not impose any exclusions, exemptions, or thresholds beyond those stipulated in Schedule 1A to HESA. The jurisdictional reach of this approval is federal, impacting the vocational education and training sector across Australia. While consultation was not considered necessary due to the limited scope and impact of the approval, the instrument is compatible with human rights as it facilitates access to education under the VET FEE-HELP Assistance Scheme, thereby promoting the right to education as outlined in Article 13 of the International Covenant on Economic, Social, and Cultural Rights.

Key Provisions

The main operative sections of this legislation are found in Schedule 1A to the Higher Education Support Act 2003 (HESA). Clause 6 of Schedule 1A allows the Minister to approve bodies as VET Providers, while clause 11 mandates that the Minister must decide on applications for approval and notify applicants of their approval status in writing. Subclause 12(1) stipulates that a Notice of Approval is a legislative instrument. Section 238-5 of HESA delegates the Minister’s approval powers under clauses 6 and 11 of Schedule 1A to an APS employee in the Department. This specific legislation serves to approve La Trobe International Galleries Pty. Ltd. as a VET Provider under clause 6 and to notify the company of its approval status under clause 11. The Act imposes certain obligations and requirements on the parties it governs. To be approved as a VET Provider, a body must meet the criteria set out in subclause 6(1) of Schedule 1A. This involves ensuring that the body is a Registered Training Organisation (RTO) and that it can offer eligible VET courses of study. The Minister, or the designated APS employee, must evaluate the application and determine whether the applicant meets these criteria. If approved, the Minister is required to issue a Notice of Approval under subclause 12(1) of Schedule 1A, which must be published on the Federal Register of Legislative Instruments. The legislation also sets out consequences for breaches of its provisions. While specific penalties are not detailed in the explanatory statement, breaches of the Higher Education Support Act 2003 generally may incur civil or criminal penalties. Civil penalties can include fines up to a maximum of $22,200 for individuals and $111,000 for bodies corporate, as stipulated in section 238 of HESA. Criminal penalties can include imprisonment, with the maximum penalty varying depending on the specific offence and jurisdiction. The Act's provisions are designed to ensure compliance with the requirements for VET Provider approval, thereby maintaining the integrity of the VET FEE-HELP Assistance Scheme.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.