EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval (No. 3 of 2009)
Issued by the authority of the
Minister for Education
Subject: Higher Education Support Act 2003
VET Provider approval pursuant to clause 6 and subclause (11)(1) of Schedule 1A of the Higher Education Support Act 2003.
Notice of Approval
The Notice of Approval is made pursuant to subclause 11(1) of Schedule 1A of HESA. The purpose of this notice is to approve and give notice of approval of Australian Education Group Pty Ltd (trading as Elly Lukas Beauty Therapy College) as a VET provider.
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, full fee-paying 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 their eligible students.
Commencement
In accordance with clause 12 of Schedule 1A of HESA, the approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.
Consultation
Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on Australian Education Group Pty Ltd (trading as Elly Lukas Beauty Therapy College) 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 VET Provider Approval (No. 3 of 2009) Notice, issued under the Higher Education Support Act 2003, was enacted to approve the Australian Education Group Pty Ltd, trading as Elly Lukas Beauty Therapy College, as a provider eligible to participate in the VET FEE-HELP scheme. This scheme is designed to assist eligible, full fee-paying vocational education and training (VET) students with the payment of their tuition fees through an income contingent loan, thereby extending the benefits of the higher education FEE-HELP arrangements to the VET sector. The Act was passed by the Parliament of Australia to address the need for a structured financial assistance program specifically tailored to VET students, ensuring they have access to necessary accredited courses such as diplomas and graduate diplomas. The notice was issued by the Minister for Education and it became effective following the requisite parliamentary scrutiny period.
Scope and Application
The VET Provider Approval (No. 3 of 2009) under the Higher Education Support Act 2003 applies specifically to Australian Education Group Pty Ltd, trading as Elly Lukas Beauty Therapy College, approving it as a VET provider. This approval permits the entity to participate in the VET FEE-HELP scheme, an income contingent loan program for eligible vocational education and training students. The Act applies to bodies corporate that are also Registered Training Organisations (RTOs) seeking to offer VET FEE-HELP assistance to their students studying eligible accredited courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval extends nationally within the Commonwealth of Australia, governed under the Higher Education Support Act 2003. There are no exclusions or exemptions mentioned in this specific notice, and the approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice. This legislation does not require consultation as it does not impose any substantial effects on businesses or restrict competition.
Key Provisions
The notice of approval issued under subclause 11(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA) concerns the approval of Australian Education Group Pty Ltd, trading as Elly Lukas Beauty Therapy College, as a VET provider. This approval allows the entity to participate in the VET FEE-HELP scheme, which is part of the Higher Education Loan Program (HELP). The scheme helps eligible full fee-paying students cover the costs of their tuition fees for diploma, advanced diploma, graduate certificate, and graduate diploma courses. The approval process is designed to ensure that only entities meeting certain standards can participate in the scheme and provide this financial assistance to students.
In approving Australian Education Group Pty Ltd as a VET provider, the Act imposes several obligations on the entity. These obligations include compliance with the requirements set out in Schedule 1A of HESA and adherence to the conditions specified in the approval notice. The entity must ensure that its courses and services meet the necessary standards to be eligible for VET FEE-HELP funding. Additionally, the entity must provide accurate and timely information to the Department of Education, Skills and Employment as required, to maintain its approval status.
Failure to comply with the requirements of the Act and the conditions of approval can result in serious consequences. If Australian Education Group Pty Ltd does not meet its obligations, it risks losing its approval status as a VET provider. This means it would no longer be able to offer VET FEE-HELP assistance to its students, which could have significant financial implications for the students. Furthermore, non-compliance can lead to investigations, penalties, and potential legal action. The Act does not specify maximum penalties in this context, but breaches of HESA or related regulations can result in fines and other enforcement actions as prescribed by the relevant authorities.