EXPLANATORY STATEMENT
Approval and Notice of approval under clauses 6 and 11 of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No. 23 of 2010
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 Albury Wodonga Community College Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Albury Wodonga Community College Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Albury Wodonga Community College 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 Albury Wodonga Community College 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 Albury Wodonga Community College 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 provide for the support of students in higher education and vocational education and training (VET) in Australia. Specifically, it addresses the need for financial assistance to students in these sectors by establishing schemes such as VET FEE-HELP. The VET FEE-HELP Assistance Scheme, introduced under Schedule 1A of HESA, allows eligible students to pay for all or part of their VET tuition fees. The legislation enables the Minister for Tertiary Education, Skills, Jobs and Workplace Relations to approve bodies as VET providers. The policy objective is to facilitate the provision of financial assistance to students, thereby increasing accessibility to vocational education and training. This particular instrument, issued under the authority of the Minister, approves Albury Wodonga Community College Ltd as a VET provider, allowing them to offer VET FEE-HELP assistance to their eligible students, and notifies the College of this approval.
Scope and Application
The legislative instrument F2010L03181 pertains to the approval of Albury Wodonga Community College Ltd as a VET Provider under clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA). This approval is pivotal for enabling the college to offer VET FEE-HELP assistance to its eligible students, facilitating their access to tuition fees for specified accredited VET courses. The Act applies to bodies corporate that are Registered Training Organisations (RTOs), like Albury Wodonga Community College Ltd, which can apply for and receive approval as VET providers. The approval and accompanying notice of approval are issued by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, or by an authorised APS employee within the Department, as per the delegation under section 238-5 of HESA. The instrument is effective from the day after it is registered on the Federal Register of Legislative Instruments, as stipulated in subclause 12(2) of Schedule 1A of HESA. The approval and notice do not require consultation as they are specific to the approved entity and do not affect other businesses or competition.
Key Provisions
The primary operative sections of the legislation are clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA). Clause 6 requires the Minister to approve bodies as Vocational Education and Training (VET) providers, while clause 11 mandates that the Minister must decide on applications for approval and notify the applicant in writing of the decision. This specific instrument approves Albury Wodonga Community College Ltd as a VET provider under clause 6 and decides its application under clause 11(1)(a), while also notifying the college of this approval as required by clause 11(1)(b).
The obligations imposed by the legislation include the application process for bodies corporate, which are also Registered Training Organisations (RTOs), to become approved VET providers. Once approved, these VET providers can offer VET FEE-HELP assistance to their eligible students. The approval process involves the Minister or the delegated APS employee in the Department reviewing the application and making a decision based on the eligibility and compliance of the applicant with the requirements set out in HESA.
Any breach of the provisions under HESA could lead to civil or criminal consequences. The maximum penalties for non-compliance with HESA are not explicitly stated in this particular notice, but generally, breaches of legislative instruments can result in significant fines and legal action against the offending entity. Additionally, failure to comply with the conditions of approval can lead to the revocation of the VET provider status, which would prevent the entity from offering VET FEE-HELP assistance to students. The legislative instrument itself does not specify penalties but refers to the overarching framework provided by HESA for enforcement and compliance.