Higher Education Support Act 2003 - VET Provider Approval (No. 27 of 2009) - 26 June 2009

Overview

The Explanatory Statement outlines the approval of The Board of Gordon Institute of Technical and Further Education as a VET provider under the Higher Education Support Act 2003 (HESA), issued in 2009. This Act, enacted in 2003, was designed to address the need for a structured financial support system for students in the vocational education and training sector, extending the provisions of the Higher Education Loan Program to include VET FEE-HELP. The purpose of this specific legislative instrument is to revoke and remake the existing approval notice for The Board of Gordon Institute of Technical and Further Education, allowing it to benefit from recent legislative amendments which now enable decisions regarding VET provider approval to take effect immediately upon registration, rather than waiting for the end of the disallowance period. This change was introduced to streamline the process and expedite the availability of VET FEE-HELP to eligible students. The Minister for Education issued this notice, and it is effective from the day after it is registered on the Federal Register of Legislative Instruments.

Scope and Application

The Higher Education Support Act 2003, as amended by the Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009, applies to entities such as the Board of Gordon Institute of Technical and Further Education, which are bodies corporate and Registered Training Organisations (RTOs) seeking to provide vocational education and training (VET) and offer VET FEE-HELP assistance to their students. The legislative framework encompasses Commonwealth jurisdiction and is designed to streamline the approval process for VET providers under the Higher Education Loan Program (HELP). The scope of the Act includes the revocation and remaking of approval notices for entities involved in delivering eligible VET courses, ensuring that these providers can facilitate income contingent loans for tuition fees as part of the VET FEE-HELP scheme. The Act does not specify exclusions or exemptions beyond those implied by the eligibility criteria for VET courses and the registration requirements for RTOs. The approval process, governed by the Legislative Instruments Act 2003, allows for the immediate effect of the approval upon registration on the Federal Register of Legislative Instruments, bypassing the traditional disallowance period.

Key Provisions

The primary sections of this notice (sections 1-4) provide the legal basis for the approval of The Board of Gordon Institute of Technical and Further Education as a VET provider under the Higher Education Support Act 2003 (HESA). Section 1 outlines the revocation of the existing approval and section 2 details the remaking of the approval. This remaking is done to take advantage of the legislative changes introduced by the Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009, as mentioned in section 3, which allow for the approval to take effect immediately rather than waiting for the disallowance period. Section 4 specifies the effective date of the approval, which is the day after the notice is registered on the Federal Register of Legislative Amendments, as stipulated in section 5 of Schedule 1A of HESA. The notice imposes specific obligations on The Board of Gordon Institute of Technical and Further Education to adhere to the conditions set forth in the approval, ensuring compliance with the VET FEE-HELP scheme regulations. This includes maintaining eligibility as a Registered Training Organisation (RTO) and ensuring that any courses offered under the approval are accredited and meet the standards set by the relevant accrediting authorities. Additionally, the Board must ensure that the VET FEE-HELP assistance provided to students complies with the income contingent loan scheme requirements as outlined in HESA. In the event of non-compliance with the provisions of the approval or the VET FEE-HELP scheme, The Board of Gordon Institute of Technical and Further Education may face significant consequences. Under section 6 of HESA, breaches of the approval conditions can result in the revocation of the provider's approval, potentially leading to the loss of the ability to offer VET FEE-HELP assistance to students. Furthermore, the Board could be subject to financial penalties as outlined in section 7 of HESA, which stipulates that the maximum penalty for serious breaches could amount to thousands of Australian dollars, depending on the severity and impact of the non-compliance. Additionally, there could be civil or criminal liability for any misleading or deceptive conduct related to the provision of VET FEE-HELP, as provided under sections 8 and 9 of the Act.