EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No.20 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 The Board of Holmesglen Institute of Technical and Further Education 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 The Board of Holmesglen Institute of Technical and Further Education 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 was enacted by the Australian Parliament to provide financial assistance and support for students pursuing higher education and vocational education and training. This legislation aimed to address the gap in financial support for students in these sectors, ensuring they have access to affordable education. One of the key initiatives under this Act is the VET FEE-HELP scheme, which extends the higher education FEE-HELP arrangements to the vocational education and training sector, allowing eligible students to pay for their tuition fees through income contingent loans. The Act empowers the Minister for Education to approve bodies corporate that are also Registered Training Organisations as VET providers, enabling them to offer VET FEE-HELP assistance to their students. The approval process involves issuing notices of approval, such as the one issued for the Board of Holmesglen Institute of Technical and Further Education as a VET provider, which allows them to participate in the VET FEE-HELP scheme and assist their students financially. The policy objective of the Act is to ensure that eligible students have access to affordable education and to support the vocational education and training sector through financial assistance mechanisms.
Scope and Application
The Higher Education Support Act 2003, through the provisions of Schedule 1A and the Notice of Approval issued under subsection 11(1), governs the approval of vocational education and training (VET) providers for participation in the VET FEE-HELP scheme. Specifically, this Notice of Approval pertains to the approval of The Board of Holmesglen Institute of Technical and Further Education as a VET provider, enabling it to offer VET FEE-HELP assistance to eligible students. The approval applies to the specific entity of The Board of Holmesglen Institute of Technical and Further Education, which must be a body corporate and a Registered Training Organisation (RTO) to qualify. This approval allows the approved VET provider to offer financial assistance to students enrolled in eligible accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The geographical scope of this approval is not explicitly limited in the notice, suggesting it operates within the broader national framework of the Higher Education Support Act 2003. There are no stated exclusions or exemptions within this Notice of Approval, and it is not indicated that subordinate instruments extend or restrict the application of this approval.
Key Provisions
The main operative sections of this legislation pertain to the approval of The Board of Holmesglen Institute of Technical and Further Education as a VET provider under subclause 11(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA). This approval allows Holmesglen to offer VET FEE-HELP assistance to its eligible students, which is a vital component of the Higher Education Loan Program (HELP). VET FEE-HELP is designed to support full fee-paying students enrolled in eligible accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. By granting this approval, Holmesglen is now recognised as a VET provider and can provide financial assistance to students in the form of income contingent loans to cover their tuition fees.
The Act imposes certain obligations and requirements on Holmesglen Institute of Technical and Further Education as a VET provider. To maintain its approval status, Holmesglen must ensure that it meets the criteria set forth by the HESA, which includes maintaining the quality of its courses and services. Holmesglen must also adhere to the provisions of the VET FEE-HELP scheme, ensuring that it correctly identifies and assists eligible students. Additionally, Holmesglen is required to submit regular reports and information to the relevant authorities to demonstrate compliance with the Act and its obligations as a VET provider.
Failure to comply with the provisions of the Higher Education Support Act 2003 or the terms of the VET provider approval may result in various consequences. The Act does not specify detailed offences, penalties, or civil/criminal consequences for breach within the notice itself. However, under the broader framework of HESA, breaches of the Act can lead to revocation of the VET provider approval, which would prevent Holmesglen from offering VET FEE-HELP assistance. Such revocation could have significant financial and operational impacts on Holmesglen. Additionally, persistent non-compliance may expose Holmesglen to civil or criminal penalties as outlined in other sections of the HESA, although the specific penalties are not detailed in this particular notice. The Act’s overarching purpose is to ensure that VET providers like Holmesglen adhere to quality and compliance standards to effectively support students through the VET FEE-HELP scheme.