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 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 Visual Concepts & Design Australia Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Visual Concepts & Design Australia Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Visual Concepts & Design Australia 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 Visual Concepts & Design Australia 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 Visual Concepts & Design Australia 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 address the need for a structured framework that supports the vocational education and training sector in Australia. Specifically, the Act provides for the VET FEE-HELP Assistance Scheme, which is designed to assist eligible students in paying for their vocational education and training tuition fees. The Act empowers the Minister for Tertiary Education, Skills, Jobs and Workplace Relations to approve bodies as VET Providers under Schedule 1A, enabling them to offer VET FEE-HELP assistance to their students. This legislative instrument approves Visual Concepts & Design Australia Pty Ltd as a VET Provider under clause 6 of Schedule 1A of HESA and provides notice of this approval under clause 11 of the same schedule. The decision and notice of approval will take effect on the day after the notice is registered on the Federal Register of Legislative Instruments, as stipulated in the Act. The approval process is intended to ensure that only eligible and suitable bodies can offer VET FEE-HELP assistance, thereby supporting the educational and vocational training needs of Australian students.
Scope and Application
The VET Provider Approval No. 28 of 2010, issued under the Higher Education Support Act 2003 (HESA), pertains specifically to the approval of entities as Vocational Education and Training (VET) providers. The Act applies to bodies corporate that are also Registered Training Organisations (RTOs) seeking to become approved VET providers under the VET FEE-HELP Assistance Scheme, which is designed to assist eligible students in paying for their VET tuition fees. The approval process involves the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, who has delegated his powers to an Australian Public Service employee within the Department. The approval and subsequent notification to the entity are governed by clauses 6 and 11 of Schedule 1A of HESA. This legislative instrument is applicable nationwide, encompassing all entities within the Commonwealth of Australia that meet the criteria for VET provider approval.
The geographic and jurisdictional reach of this legislation is national, applying across the entirety of Australia. The approval notice and decision, as outlined in the Explanatory Statement, take effect on the day following their registration on the Federal Register of Legislative Instruments. Notably, the approval process does not extend to entities outside the scope of HESA, such as those not classified as bodies corporate or Registered Training Organisations. Additionally, the instrument specifies that no consultation was deemed necessary given that the approval confers a benefit solely to Visual Concepts & Design Australia Pty Ltd, the entity in question, and does not have a substantial impact on business or competition.
Key Provisions
The main operative sections of this legislation are clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA). Clause 6 (1) provides for the approval of bodies as Vocational Education and Training (VET) Providers by the Minister, while clause 11 (1) requires the Minister to decide on applications for such approval and to notify the applicant of the decision in writing. This notice of approval is itself a legislative instrument as per subclause 12 (1) of HESA.
The obligations imposed by this Act on the parties it governs include the requirement for bodies to apply for approval as VET Providers and for the Minister to process these applications and notify the applicant of the outcome. The Minister has delegated these powers to an Australian Public Service (APS) employee within the Department, as per section 238-5 of HESA. Approved VET Providers are then authorised to offer VET FEE-HELP assistance to their eligible students.
Breaches of the requirements under this Act do not specify particular offences, penalties, or civil/criminal consequences within the provided text. However, given the nature of the regulatory framework surrounding educational assistance schemes, non-compliance could potentially lead to revocation of approval, financial penalties, or legal actions to rectify breaches of the terms of approval.
This instrument specifically approves Visual Concepts & Design Australia Pty Ltd as a VET Provider under clause 6 of Schedule 1A of HESA, deciding their application and notifying them of this decision in writing as per clause 11 of Schedule 1A of HESA. The approval and notification take effect on the day after the notice 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.