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. 27 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 Ella Bache College Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Ella Bache College Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Ella Bache College Pty 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 Ella Bache College Pty 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 Ella Bache College Pty 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 a framework for the regulation and support of higher education in Australia, including the establishment of the VET FEE-HELP Assistance Scheme. This legislative instrument, issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, serves to approve Ella Bache College Pty Ltd as a VET Provider under clause 6 of Schedule 1A of HESA, and to notify the applicant of this approval as required by clause 11 of Schedule 1A of HESA. The approval process is designed to ensure that only eligible bodies can offer VET FEE-HELP assistance to their students, thereby assisting in the regulation and support of vocational education and training within the higher education sector. The purpose of this instrument is to formalise the approval of Ella Bache College Pty Ltd as a VET Provider, enabling the institution to offer VET FEE-HELP assistance to its eligible students, as part of the broader VET FEE-HELP scheme which assists eligible students with their vocational education and training tuition fees.
Scope and Application
The Higher Education Support Act 2003 (HESA) provides the legislative framework for approving vocational education and training (VET) providers for the VET FEE-HELP Assistance Scheme, which is an extension of the Higher Education Loan Program (HELP) designed to assist eligible students with the payment of their VET tuition fees for specific accredited courses. This particular legislative instrument approves Ella Bache College Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and consequently decides the application of Ella Bache College Pty Ltd as per paragraph 11(1)(a) of Schedule 1A of HESA. Furthermore, it notifies Ella Bache College Pty Ltd of this approval in accordance with paragraph 11(1)(b) of Schedule 1A of HESA. The approval and notice take effect the day after the notice is registered on the Federal Register of Legislative Instruments. The Minister for Tertiary Education, Skills, Jobs and Workplace Relations has delegated the power to approve VET providers to an Australian Public Service employee in the Department, as outlined in section 238-5 of HESA. This approval enables Ella Bache College Pty Ltd to offer VET FEE-HELP assistance to its eligible students studying diploma, advanced diploma, graduate certificate, or graduate diploma courses.
Key Provisions
The key provisions of the legislation, F2010L03326, focus on the approval process for Ella Bache College Pty Ltd as a VET Provider under the Higher Education Support Act 2003 (HESA). According to clause 6 of Schedule 1A of HESA, the Minister is empowered to approve bodies as VET Providers. The Minister is also required under clause 11 of Schedule 1A to decide on applications for such approval and notify applicants in writing of their approval status. This notice of approval is deemed a legislative instrument under subclause 12(1) of HESA. Furthermore, the Minister has delegated the powers under clauses 6 and 11 to an APS employee in the Department, as outlined in section 238-5 of HESA.
The approval process imposes several obligations on Ella Bache College Pty Ltd. The college must meet the criteria set forth by the Minister for approval as a VET Provider. This involves submitting a formal application and providing all necessary documentation and information to support their eligibility. Once approved, the college must comply with the terms and conditions of their approval, which may include specific standards and requirements for offering VET FEE-HELP assistance to their students. Additionally, Ella Bache College Pty Ltd must ensure ongoing compliance with any legislative or regulatory changes that may impact their status as a VET Provider.
There are no specific offences, penalties, or consequences outlined in the legislation for failing to comply with the approval process or the conditions of approval. However, the overarching framework under HESA and associated regulations may impose penalties or sanctions for non-compliance with vocational education and training standards. Such consequences could include revocation of approval, fines, or other regulatory actions taken by the Department or relevant authorities. It is important for Ella Bache College Pty Ltd to remain vigilant and adhere to all regulatory requirements to avoid any potential repercussions.