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. 28 of 2009
Issued by the authority of the
Minister for Education
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 Schedule 1A 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 her powers under clauses 6 and 11 of Schedule 1A of HESA to an APS employee in the Department.
Purpose
This instrument approves The Board of East Gippsland Institute of Technical and Further Education as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of The Board of East Gippsland Institute of Technical and Further Education for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives The Board of East Gippsland Institute of Technical and Further Education 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 The Board of East Gippsland Institute of Technical and Further Education 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 The Board of East Gippsland Institute of Technical and Further Education 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 support the provision of higher education in Australia and to provide assistance for vocational education and training (VET). One of the gaps it aimed to address was the need for a structured, income-contingent loan scheme for the VET sector, which would facilitate access to vocational courses for eligible students. Enacted by the Parliament of Australia, the Act includes provisions under Schedule 1A for the approval of VET providers, ensuring they meet certain standards before they can offer VET FEE-HELP assistance to students. The policy objective of these provisions is to enhance the quality and accessibility of vocational education by ensuring that only suitably qualified entities can participate in the VET FEE-HELP scheme. This legislative instrument, issued by the authority of the Minister for Education, approves The Board of East Gippsland Institute of Technical and Further Education as a VET Provider under Schedule 1A of HESA, thereby enabling them to offer VET FEE-HELP assistance to their students.
Scope and Application
The Higher Education Support Act 2003 (HESA) provides a framework for the approval of bodies as Vocational Education and Training (VET) providers, enabling them to participate in the VET FEE-HELP Assistance Scheme. Specifically, under clauses 6 and 11 of Schedule 1A of HESA, the Minister for Education is responsible for approving entities as VET providers and notifying applicants of the approval decision. The approval process is critical for bodies corporate that are also Registered Training Organisations (RTOs) seeking to offer VET FEE-HELP to their students for eligible courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The legislative instrument in question approves The Board of East Gippsland Institute of Technical and Further Education as a VET Provider and notifies them of this approval, thereby enabling them to offer VET FEE-HELP assistance to eligible students. This approval takes effect on the day after the notice is registered on the Federal Register of Legislative Instruments, as stipulated by the Legislative Instruments Act 2003. The Minister has delegated the power to approve VET providers to an authorised employee within the Department, as per section 238-5 of HESA. This approval is specific to The Board of East Gippsland Institute of Technical and Further Education and does not impact other entities or industries.
Key Provisions
The key operative sections of this legislation, specifically clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA), pertain to the approval process for bodies to become Vocational Education and Training (VET) providers under the VET FEE-HELP Assistance Scheme. Clause 6 (6) enables the Minister for Education to approve bodies as VET providers, whereas clause 11 (11) mandates that the Minister must decide on the application for approval and notify the applicant in writing of the decision. This approval notice is considered a legislative instrument as per subclause 12(1) of Schedule 1A of HESA.
The obligations and requirements imposed by the Act on the parties involved are primarily centered on the application and approval processes. The Board of East Gippsland Institute of Technical and Further Education, as an applicant, must submit an application to the Minister for approval as a VET provider. The Minister, through a delegated APS employee, evaluates the application and makes a decision regarding approval. Once a decision is made, the Minister is obligated to notify the applicant in writing, as stipulated in clause 11(1)(b) of Schedule 1A of HESA. This notice of approval, as a legislative instrument, becomes effective on the day after it is registered on the Federal Register of Legislative Instruments, in accordance with subclause 12(2) of Schedule 1A of HESA and paragraph 12(1)(d) of the Legislative Instruments Act 2003.
Under the provisions of the Higher Education Support Act 2003, there are no explicit offences, penalties, or consequences outlined in this specific legislation for breaches related to the approval of VET providers. However, failure to comply with the legislative requirements or misuse of the VET FEE-HELP Assistance Scheme could potentially lead to broader legal repercussions under other sections of HESA or related legislation. It is essential for approved VET providers to adhere to all applicable regulations to avoid any adverse legal outcomes.