Higher Education Support Act 2003 - VET Provider Approval (No. 24 of 2013)

Overview

The VET Provider Approval No. 24 of 2013 is a legislative instrument issued under the Higher Education Support Act 2003, aimed at approving Kirana Training Pty Ltd as a VET Provider. Enacted by the Minister for Tertiary Education, Skills, Science and Research, this instrument seeks to address the gap in the vocational education and training sector by enabling approved bodies to offer VET FEE-HELP assistance to eligible students. The approval process involves meeting the criteria set out in Schedule 1A of the Act and notifying the applicant of the decision. The policy objective is to extend access to vocational education and training by facilitating financial assistance through the VET FEE-HELP scheme, thereby promoting the right to education for eligible students.

Scope and Application

This legislative instrument, issued under the Higher Education Support Act 2003, pertains to the approval of Kirana Training Pty Ltd (ACN: 141 200 357, ABN: 55 141 200 357) as a Vocational Education and Training (VET) Provider. The approval process is conducted in accordance with subclause 6(1) and paragraph 11(1) of Schedule 1A to the Act, with the Minister for Tertiary Education, Skills, Science and Research having delegated these powers to an Australian Public Service employee. This approval allows Kirana Training Pty Ltd to offer VET FEE-HELP assistance to its students, thereby facilitating their access to vocational education and training courses such as diplomas and graduate certificates. The approval and notification process under this instrument not only engages the right to education under international human rights law, but also ensures that the entity meets the necessary requirements to operate as a VET provider within the framework of the VET FEE-HELP Assistance Scheme. The legislative instrument comes into effect on the day after it is registered on the Federal Register of Legislative Instruments, and no consultation was deemed necessary due to the specific nature of the approval and its limited impact on competition and business.

Key Provisions

The key provisions of this legislation pertain to the approval of Kirana Training Pty Ltd as a VET Provider under the Higher Education Support Act 2003 (HESA). According to subclause 6(1) of Schedule 1A to the HESA, the Minister is required to approve bodies as VET Providers. The relevant sections, 6(1) and 11(1) of Schedule 1A, mandate that the Minister must decide on applications for approval as a VET Provider and notify the applicant in writing of the decision (sections 6(1) and 11(1)(b)). This specific legislative instrument approves Kirana Training Pty Ltd as a VET Provider, thereby enabling it to offer VET FEE-HELP assistance to its students (section 12(1)). The decision to approve and the notice of approval take effect on the day after the notice is registered on the Federal Register of Legislative Instruments (section 12(2)). Under this Act, Kirana Training Pty Ltd is required to meet the criteria set forth in subclause 6(1) of Schedule 1A to be approved as a VET Provider. This includes being a body corporate that is also a Registered Training Organisation (RTO) and fulfilling the necessary conditions for offering VET FEE-HELP assistance to eligible students. The Act also mandates that the Minister must ensure that the approval process is transparent and that any entity approved as a VET Provider complies with the requirements set forth in the HESA. Additionally, the Act imposes obligations on the approved VET Provider to offer VET FEE-HELP assistance to its eligible students and to adhere to any conditions or guidelines set by the Minister. The legislation outlines specific consequences for non-compliance with the Act’s provisions. While the explanatory statement does not detail specific criminal or civil penalties, breaches of the HESA can result in penalties under the general provisions of the Act. For instance, non-compliance with the HESA can lead to fines and other penalties as stipulated in the Act. Additionally, failure to meet the criteria for approval as a VET Provider can result in the revocation of approval, which would prevent the entity from offering VET FEE-HELP assistance. The Act also allows for other regulatory actions to ensure compliance with its provisions. The approval of Kirana Training Pty Ltd as a VET Provider is intended to facilitate access to VET FEE-HELP assistance for eligible students, thereby promoting vocational education and training. The legislation ensures that only entities meeting the specified criteria are approved, thereby maintaining the integrity of the VET FEE-HELP Assistance Scheme. This approval process is crucial for enabling eligible students to access financial assistance for their vocational education and training courses.