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. 23 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 Mater Education Limited (ACN: 148 130 349 ABN: 50 148 130 349) as a VET Provider under Clause 6 of Schedule 1A to HESA and as a consequence decides the application of Mater Education Limited for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA. The instrument also gives Mater Education Limited 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 Mater Education Limited 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 Mater Education Limited 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 a framework for supporting students in higher education and vocational education and training sectors, including the establishment of the VET FEE-HELP Assistance Scheme. This legislation was introduced to address the need for a structured support mechanism for students in vocational education, allowing them to manage their tuition fees through income contingent loans. The enacting body, the Australian Parliament, aimed to enhance educational opportunities by providing financial assistance to eligible students in the vocational education sector. The policy objective of this act includes facilitating access to vocational education and training for students by offering financial aid, thereby promoting skill development and workforce readiness. This legislative instrument specifically approves Mater Education Limited as a VET Provider, enabling them to offer VET FEE-HELP assistance to their eligible students, and notifies them of their approval status.
Scope and Application
The VET Provider Approval No. 23 of 2011, issued under clauses 6 and 11 of Schedule 1A to the Higher Education Support Act 2003 (HESA), pertains to the approval of Mater Education Limited as a VET Provider for the VET FEE-HELP Assistance Scheme. This instrument is a legislative tool that formalises the Minister's decision to approve Mater Education Limited as a VET provider, empowering the entity to offer VET FEE-HELP assistance to eligible students. The approval process involves notifying the applicant, in this case Mater Education Limited, of the Minister's decision in writing. The approval is effective from the day after the notice is registered on the Federal Register of Legislative Instruments, as stipulated in the Legislative Instruments Act 2003. This approval is specific to Mater Education Limited and does not impact other entities or industries, as it is a targeted measure conferring a benefit to the approved provider without substantial indirect effects on business or competition.
Key Provisions
The legislative instrument (F2011L02715) under the Higher Education Support Act 2003 (HESA) approves Mater Education Limited as a VET Provider under Clause 6 of Schedule 1A to HESA (sections 238-5). This approval allows Mater Education Limited to offer VET FEE-HELP assistance to its eligible students. The approval process, governed by Clause 11, involves the Minister deciding on the application for approval and notifying the applicant in writing of the decision. This approval is formalized through a Notice of Approval, which is a legislative instrument as per subclause 12(1) of Schedule 1A to HESA. The approval and the accompanying notice take effect the day after the notice is registered on the Federal Register of Legislative Instruments (subclause 12(2) of Schedule 1A to HESA).
Entities approved as VET Providers under this legislation have specific obligations. They must ensure that they offer assistance under the VET FEE-HELP scheme to eligible students for their vocational education and training (VET) tuition fees. This includes providing assistance for courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. As approved VET Providers, these entities must adhere to the requirements set forth in the Higher Education Support Act and its associated regulations. They are also required to comply with any additional conditions specified in the Notice of Approval.
Failure to comply with the provisions of the HESA or the terms of the Notice of Approval can lead to various consequences. The specific offences and penalties are not detailed in the instrument but generally, breaches of the HESA can result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can involve imprisonment, depending on the severity and nature of the breach. The exact penalties are determined by the courts based on the specific circumstances of the case and the relevant legislative provisions. Compliance with the Act is essential to avoid these potential legal repercussions.