EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No. 23 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 the Goulburn Ovens 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 the Goulburn Ovens 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 (HESA) was enacted to provide for support to students and institutions within the Australian higher education sector, including through the establishment of the VET FEE-HELP scheme. This legislation was introduced to address the need for financial assistance for vocational education and training students, enabling them to afford their tuition fees. Enacted by the Parliament of Australia, the policy objective of HESA includes facilitating equitable access to higher education and vocational training by providing financial assistance to students who require it. The Explanatory Statement for Notice of Approval F2009L02174, issued under the authority of the Minister for Education, provides for the approval of The Board of the Goulburn Ovens Institute of Technical and Further Education as a VET provider, allowing it to offer VET FEE-HELP assistance to eligible students. This notice was issued without consultation as it was deemed not necessary due to the specific nature of the approval and its limited impact.
Scope and Application
The Notice of Approval under the Higher Education Support Act 2003 grants approval to the Board of the Goulburn Ovens Institute of Technical and Further Education as a VET provider, enabling them to offer VET FEE-HELP assistance to their eligible students. This approval is specific to the Institute, which is a body corporate and a Registered Training Organisation (RTO). The scope of the approval allows the Institute to provide support to full fee-paying students enrolled in eligible accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval is geographically bound to the operations and students of the Institute, without any specific exclusions mentioned in the notice. The application of this approval extends through the VET FEE-HELP scheme, an extension of the higher education FEE-HELP arrangements, which is part of the broader Higher Education Loan Program (HELP). The notice does not require subordinate instruments for extension or restriction of its application, as it is a direct approval notice affecting only the specified Institute.
Key Provisions
The Notice of Approval, issued under subclause 11(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA), affirms the approval of The Board of the Goulburn Ovens Institute of Technical and Further Education as a VET provider (section 11). This approval authorises the Institute to offer VET FEE-HELP assistance to eligible students. The key provision of this notice is to recognise the Institute as a qualified VET provider under the scheme, allowing it to participate in the VET FEE-HELP program, which is designed to assist full fee-paying students in paying for their tuition fees for specific accredited courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas.
The obligations imposed by the Act on the approved entity include compliance with all requirements set out in the VET FEE-HELP arrangements and ensuring that the courses offered are eligible under the scheme (section 11). The Institute must also maintain the necessary standards and comply with any additional conditions that may be specified in the approval notice. The Institute is required to provide accurate and timely information to the relevant authorities as needed and to adhere to any reporting or auditing requirements imposed by the Act.
Failure to comply with the provisions of the Act or the conditions of the approval can lead to various consequences. The Act does not explicitly outline specific offences or penalties for non-compliance in this context, but general provisions of the HESA may apply. These could include administrative actions such as revocation of the approval or legal actions that could result in financial penalties. The severity of these consequences would depend on the nature and extent of the breach, and the specific provisions of the Act and any associated regulations would be taken into account in determining the appropriate response.