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. 29 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 Proteus Technologies Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Proteus Technologies Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Proteus Technologies 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 Proteus Technologies 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 Proteus Technologies 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 F2010L03373 legislative instrument, issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, pertains to the Higher Education Support Act 2003 (HESA). This Act was enacted to address the need for regulation and support within the higher education sector, particularly focusing on the financial aspects of vocational education and training. This legislative instrument specifically aims to approve Proteus Technologies Pty Ltd as a VET Provider under the provisions of Schedule 1A of HESA. The approval process involves the Minister deciding on the application of Proteus Technologies Pty Ltd and notifying them in writing of the outcome, as outlined in clauses 6 and 11 of Schedule 1A. The approval is effective from the day after the notice is registered on the Federal Register of Legislative Instruments. The legislative instrument highlights that VET FEE-HELP, which is part of the Higher Education Loan Program, assists eligible students in paying for their vocational education and training tuition fees.
Scope and Application
The Higher Education Support Act 2003 (HESA), specifically under clauses 6 and 11 of Schedule 1A, applies to the approval of bodies as Vocational Education and Training (VET) Providers. This approval process is overseen by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, who has the authority to decide applications for approval and to notify applicants in writing of the outcome. The approval of a body as a VET Provider allows it to offer VET FEE-HELP assistance to its eligible students, facilitating payment for vocational education and training courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. This approval process is crucial for entities seeking to participate in the VET FEE-HELP scheme, which is part of the broader Higher Education Loan Program (HELP). The notice of approval, which is a legislative instrument, takes effect the day after it is registered on the Federal Register of Legislative Instruments. The approval and notification process applies only to the specific entity, Proteus Technologies Pty Ltd, in this instance, and the decision to approve them was made without the need for further consultation as it does not have a substantial effect on business or competition.
Key Provisions
The VET Provider Approval No. 29 of 2010, issued under the Higher Education Support Act 2003 (HESA), pertains specifically to the approval of Proteus Technologies Pty Ltd as a VET Provider under clause 6 of Schedule 1A (section 238-5). This approval is mandated by clause 6 of Schedule 1A, which stipulates the criteria and process for approving bodies as VET Providers. Clause 11 of Schedule 1A further mandates that the Minister must make a decision on the application for approval (paragraph 11(1)(a)) and notify the applicant in writing of the outcome (paragraph 11(1)(b)). This approval process is formalized through a legislative instrument, as outlined in subclause 12(1) of HESA.
The obligations imposed by the Act on Proteus Technologies Pty Ltd, now approved as a VET Provider, include adherence to the VET FEE-HELP Assistance Scheme provisions. This includes facilitating income contingent loans for eligible students enrolled in accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. As a VET Provider, Proteus Technologies Pty Ltd must ensure that its operations comply with the requirements of the Higher Education Loan Program (HELP) and the specific conditions set forth in the VET FEE-HELP scheme. Additionally, the approved VET Provider must maintain proper records and reporting mechanisms to ensure transparency and accountability in the use of the VET FEE-HELP funds.
Failure to comply with the provisions of HESA and the VET FEE-HELP scheme can lead to significant consequences. While the specific penalties are not detailed in the Explanatory Statement, breaches of the HESA provisions could result in administrative penalties, financial sanctions, or even the revocation of the VET Provider approval. Such penalties are intended to ensure that VET Providers maintain the highest standards of compliance to protect the interests of eligible students and the integrity of the VET FEE-HELP scheme. The exact penalties for non-compliance would typically be outlined in the relevant sections of HESA or in associated regulations.