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. 22 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 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 QPIX Ltd (ACN: 078 405 866 ABN: 16 078 405 866) as a VET Provider under Clause 6 of Schedule 1A to HESA and as a consequence decides the application of QPIX Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA. The instrument also gives QPIX 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 QPIX 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 QPIX 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 VET Provider Approval No. 22 of 2011, issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, provides for the approval of QPIX Ltd as a VET Provider under the Higher Education Support Act 2003 (HESA). This legislative instrument addresses the need to approve bodies that can offer VET FEE-HELP assistance to eligible students studying accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval process outlined in clauses 6 and 11 of Schedule 1A to HESA ensures that QPIX Ltd is notified of its approval status in writing and that this approval takes effect the day after the notice is registered on the Federal Register of Legislative Instruments. The policy objective of this approval is to extend the VET FEE-HELP scheme, a part of the Higher Education Loan Program, by enabling approved bodies to assist students with their VET tuition fees.
Scope and Application
The VET Provider Approval No. 22 of 2011 under clauses 6 and 11 of Schedule 1A to the Higher Education Support Act 2003 (HESA) pertains specifically to the approval of bodies as Vocational Education and Training (VET) Providers by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations. The approval extends to QPIX Ltd, an entity identified by its Australian Company Number (ACN) and Australian Business Number (ABN), which has been recognised as a VET Provider. This approval allows QPIX Ltd to offer VET FEE-HELP assistance to eligible students studying specified accredited VET courses. The approval and the subsequent notice of approval are legislative instruments, as stipulated by subclause 12(1) of Schedule 1A to HESA, and they take effect the day after registration on the Federal Register of Legislative Instruments. The geographical and jurisdictional reach of this approval is national, applying throughout Australia as part of the Commonwealth's VET FEE-HELP scheme. The approval process does not require consultation as it solely benefits the approved entity, QPIX Ltd, and does not impact business or competition.
Key Provisions
The primary operative sections of this legislation, as outlined in clauses 6 and 11 of Schedule 1A to the Higher Education Support Act 2003 (HESA), concern the approval of entities as Vocational Education and Training (VET) providers. Specifically, clause 6 (2) establishes the criteria for the Minister's approval of bodies as VET providers, while clause 11 (1)(a) mandates that the Minister must decide an application for approval as a VET provider. Furthermore, clause 11 (1)(b) stipulates that the Minister must notify the applicant in writing of the approval decision. This legislation, therefore, formalises the process through which entities can become approved VET providers and offers financial assistance to eligible students via the VET FEE-HELP scheme.
The obligations imposed by this Act on the parties it governs primarily relate to the approval process for VET providers. According to clause 6 (2), the Minister must ensure that entities applying for approval as VET providers meet specific criteria. The Act also requires the Minister, as stated in clause 11 (1), to decide on approval applications and communicate the decision to the applicant in writing. This process is designed to ensure that only eligible and suitable entities can offer VET FEE-HELP assistance to their students.
In terms of offences and penalties, the Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, the Higher Education Support Act 2003, under which this legislation operates, includes various sections that could apply in the event of non-compliance. These include potential civil or criminal penalties for misleading or deceptive conduct, breaches of statutory duties, or other serious infractions. The specific penalties can vary widely depending on the nature and severity of the breach, but they could include fines, imprisonment, or other legal sanctions as determined by the relevant courts.