Higher Education Support Act 2003 - VET Provider Approval (No. 23 of 2012)

Legislation au F2012L02177 Not in force Legislative Instrument

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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 2012

 

Issued by the authority of the

Minister for Tertiary Education, Skills, Science and Research

 

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 Northern Rivers Conservatorium Arts Centre Inc ABN: 66 009 417 019 as a VET Provider under Clause 6 of Schedule 1A to HESA and as a consequence decides the application of Northern Rivers Conservatorium Arts Centre Inc for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA.  The instrument also gives Northern Rivers Conservatorium Arts Centre Inc 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 Northern Rivers Conservatorium Arts Centre Inc 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 Northern Rivers Conservatorium Arts Centre Inc 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.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Notice of Approval - VET Provider Approval

 

This Legislative Instrument (the Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Instrument is made by the Minister under subclause 6(1), paragraph 11(1)(b) and subclause 12(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act).

 

The purpose of the Instrument is to approve Northern Rivers Conservatorium Arts Centre Inc as a VET provider for the purposes of the VET FEE‑HELP Assistance Scheme under the Act.

 

For the Minister to approve a body corporate as a VET provider the Minister must be satisfied that the body meets the requirements of subclause 6(1) of Schedule 1A to the Act.

 

Human rights implications

 

Right to education

 

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of vocational education and training by Northern Rivers Conservatorium Arts Centre Inc by approving it as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under the Act, enabling it to offer VET FEE‑HELP Assistance to its eligible students.

 

The objective of the Instrument is to approve Northern Rivers Conservatorium Arts Centre Inc as a VET provider under the Act and thereby enable eligible students of Northern Rivers Conservatorium Arts Centre Inc to access VET FEE‑HELP Assistance for VET courses of study.

 

To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument approves Northern Rivers Conservatorium Arts Centre Inc as a VET provider, thereby extending VET FEE‑HELP Assistance and the availability of education to its eligible students.

 

Conclusion

 

This Instrument is compatible with human rights because it advances the protection of human rights.

Overview

The Higher Education Support Act 2003 (HESA) was enacted to provide for the establishment and operation of the Higher Education Support Scheme, which includes the VET FEE-HELP Assistance Scheme. This scheme is designed to assist eligible students in paying their vocational education and training (VET) tuition fees through an income contingent loan. The Act addresses the gap in financial support for VET students, ensuring they can access quality education. Enacted by the Australian Parliament, the policy objective of HESA is to facilitate access to higher education and vocational training by providing financial assistance. The approval and notice of approval under clauses 6 and 11 of Schedule 1A to the Act are critical for the functioning of the VET FEE-HELP Assistance Scheme, enabling approved VET providers to offer this financial support to their eligible students.

Scope and Application

The Higher Education Support Act 2003 (HESA) establishes the framework for the approval of bodies as Vocational Education and Training (VET) providers under the VET FEE-HELP Assistance Scheme, which is an extension of the Higher Education Loan Program (HELP). Specifically, Schedule 1A to the Act includes provisions for the Minister to approve bodies as VET providers, which allows these entities to offer VET FEE-HELP assistance to eligible students for accredited courses such as diplomas and advanced diplomas. The approval process involves the Minister deciding on an application for approval and notifying the applicant in writing of the decision, as outlined in clauses 6 and 11 of Schedule 1A. This legislative instrument concerns the approval of Northern Rivers Conservatorium Arts Centre Inc as a VET provider, thereby allowing it to offer VET FEE-HELP assistance to its students. The instrument not only approves the entity but also provides notice of that approval, as required by the Act. The approval and notice take effect from the day after the instrument is registered on the Federal Register of Legislative Instruments. The Minister has delegated the relevant powers under the Act to an employee within the Department of Tertiary Education, Skills, Science and Research. This legislative instrument applies to Northern Rivers Conservatorium Arts Centre Inc, a body corporate that meets the criteria to be approved as a VET provider. The approval extends to the specific courses for which the entity can offer VET FEE-HELP assistance. The geographic reach of this instrument is national, as it operates under the Commonwealth's authority and is subject to the provisions of HESA. The approval process and the obligations of the approved VET provider are governed by federal law, and the scheme operates across Australia. There are no stated exclusions, exemptions, or thresholds in this specific legislative instrument, although the broader VET FEE-HELP scheme may have certain eligibility criteria for students and courses. The application and scope of the Act may be further extended or restricted through subordinate instruments, which would be subject to the same jurisdictional and legislative framework.

Key Provisions

The main operative sections of this legislation are clauses 6 and 11 of Schedule 1A to the Higher Education Support Act 2003 (HESA). Clause 6 provides for the approval of bodies as Vocational Education and Training (VET) Providers by the Minister. Clause 11 stipulates that the Minister must decide on an application for approval as a VET Provider and notify the applicant in writing of the decision (subsection 11(1)(a) and (b)). Additionally, subclause 12(1) of Schedule 1A to HESA establishes that a Notice of Approval of a body as a VET Provider is a legislative instrument. The obligations imposed by the Act on parties or entities it governs include the requirement for bodies corporate that are also Registered Training Organisations (RTOs) to apply to become approved as VET providers if they wish to offer VET FEE-HELP assistance to their eligible students. The Minister, as delegated by section 238-5 of HESA, must ensure that the body meets the criteria outlined in subclause 6(1) of Schedule 1A before granting approval. Once a body is approved, it can offer VET FEE-HELP Assistance to its eligible students for courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. Failure to comply with the provisions of the Act could result in civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the explanatory statement. However, the Act’s framework implies that non-compliance with the approval processes or misuse of VET FEE-HELP Assistance could lead to enforcement actions by the relevant authorities. The explanatory statement notes that the notice confers a benefit on the approved entity, Northern Rivers Conservatorium Arts Centre Inc, and does not significantly affect business or competition, suggesting a limited scope for direct regulatory enforcement in this context.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.