Approval and Notice of approval under clauses 6 and 11 of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No. 2 of 2011
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 Sydney Film School Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Sydney Film School Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Sydney Film School 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 Sydney Film School 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 Sydney Film School 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 address the need for a structured support system for higher education in Australia, particularly focusing on financial assistance schemes such as VET FEE-HELP. This legislation was introduced by the Australian Parliament to ensure that students have access to adequate financial resources for their vocational education and training. The Act facilitates the approval of bodies as VET providers, enabling them to offer VET FEE-HELP assistance to eligible students. The Minister for Tertiary Education, Skills, Jobs and Workplace Relations has the authority to approve these bodies, and this approval process is integral to the policy objective of providing financial support and facilitating vocational education and training pathways in Australia.
Scope and Application
The explanatory statement outlines the approval and notice of approval under clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA) for Sydney Film School Pty Ltd as a VET Provider. This legislative instrument grants approval to Sydney Film School Pty Ltd as a VET Provider under clause 6 of Schedule 1A of HESA and decides the application of Sydney Film School Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The notice also informs Sydney Film School Pty Ltd of its approval for the purposes of paragraph 11(1)(b) of Schedule 1A of HESA. This approval allows the institution to offer VET FEE-HELP assistance to eligible students studying accredited VET courses such as diploma, advanced diploma, graduate certificate, and graduate diploma. The instrument is issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, and the decision and notice take effect on the day after the notice is registered on the Federal Register of Legislative Instruments. As the notice confers a benefit on Sydney Film School Pty Ltd and this body is the only entity affected by the notice, consultation was not considered necessary. The notice will not have a direct or substantial indirect effect on business, nor will it restrict competition.
Key Provisions
The main provisions of this legislation, under clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA), involve the approval process for bodies as Vocational Education and Training (VET) providers (clause 6), and the notification of the Minister's decision on such applications (clause 11). The Minister, as per section 238-5 of HESA, has delegated these powers to a designated Australian Public Service (APS) employee in the Department. The legislative instrument in question specifically approves Sydney Film School Pty Ltd as a VET provider under clause 6 and notifies this entity of the Minister's decision regarding its application under clause 11. The approval and notification are set to take effect on the day following the registration of the notice on the Federal Register of Legislative Instruments, as stipulated in subclause 12(2) of Schedule 1A of HESA and paragraph 12(1)(d) of the Legislative Instruments Act 2003.
In terms of obligations, the Act imposes a procedural requirement on the Minister to decide on applications for VET provider approval and to provide written notification to applicants regarding the outcome of their application. Additionally, the approved VET provider, in this case Sydney Film School Pty Ltd, gains the ability to offer VET FEE-HELP assistance to its eligible students, which is contingent upon its accreditation as a Registered Training Organisation (RTO) and its compliance with the VET FEE-HELP scheme's criteria.
There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of this legislation. However, it is implied that failure to comply with the terms of the VET FEE-HELP scheme or the approval process could potentially result in legal ramifications, as non-compliance with educational and vocational training regulations could attract penalties under other relevant Australian legislation. For instance, breaches of the Education Services for Overseas Students Act 2000 or the Vocational Education and Training Act 2012 could incur fines or other sanctions.