Higher Education Support Act 2003 - VET Provider Approval (No. 3 of 2012)

Legislation au F2012L00755 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Approval and Notice of Approval under clauses 6 and 11 of Schedule 1A

to the Higher Education Support Act 2003

 

VET Provider Approval No. 3 of 2012

 

Issued by the authority of the

Minister for Tertiary Education, Skills, Science and Research

 

Subject: Higher Education Support Act 2003 (HESA)

VET Provider approval and Notice of Approval under clauses 6 and 11 of Schedule 1A to HESA

 

Authority

Schedule 1A to 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) Schedule 1A to 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 to HESA to an APS employee in the Department.

 

Purpose

This instrument approves Royal Victorian Aero Club (ACN: 004 128 232  ABN: 38 177 495 544) as a VET Provider under Clause 6 of Schedule 1A to HESA and as a consequence decides the application of Royal Victorian Aero Club for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA.  The instrument also gives Royal Victorian Aero Club notice of that approval for the purposes of paragraph 11(1)(b) of Schedule 1A to 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 that 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 to HESA and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve Royal Victorian Aero Club 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 Royal Victorian Aero Club 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.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Notice of Approval - VET Provider Approval

 

This Legislative Instrument (the Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Instrument is made by the Minister under subclause 6(1), paragraph 11(1)(b) and subclause 12(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act).

 

The purpose of the Instrument is to approve Royal Victorian Aero Club as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under the Act.

 

For the Minister to approve a body corporate as a VET provider the Minister must be satisfied that the body meets the requirements of subclause 6(1) of Schedule 1A to the Act.

 

Human rights implications

 

Right to education

 

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of vocational education and training by Royal Victorian Aero Club by approving it as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under the Act, enabling it to offer VET FEE-HELP assistance to its eligible students.

 

The objective of the Instrument is to approve Royal Victorian Aero Club as a VET provider under the Act and thereby enable eligible students of Royal Victorian Aero Club to access VET FEE-HELP assistance for VET courses of study.

 

To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument approves Royal Victorian Aero Club as a VET provider, thereby extending VET FEE HELP assistance and the availability of education to its eligible students.

 

Conclusion

 

This Instrument is compatible with human rights because it advances the protection of human rights.

 

 

 

 

Overview

The Higher Education Support Act 2003 (HESA) was enacted to provide support and assistance for higher education and vocational education and training in Australia. Among its provisions, Schedule 1A of HESA facilitates the VET FEE-HELP Assistance Scheme, enabling eligible students to receive financial assistance for their vocational training. The VET FEE-HELP Assistance Scheme aims to assist students in paying for their tuition fees for certain accredited courses. The Australian Parliament introduced this legislation to fill a gap in the provision of financial support for vocational education and training, ensuring that students have access to necessary education and skills development. The enactment of HESA, specifically Schedule 1A, addresses the need for a structured financial support system for vocational education, thereby promoting broader access to VET courses and enhancing educational opportunities for students.

Scope and Application

The Higher Education Support Act 2003, specifically Schedule 1A, outlines provisions for the VET FEE-HELP Assistance Scheme, which extends the Higher Education Loan Program to the vocational education and training sector. Clause 6 of Schedule 1A empowers the Minister to approve bodies as VET providers, while clause 11 mandates the Minister to decide on applications for approval and notify applicants in writing. This legislative framework enables eligible students to access financial assistance for their vocational education and training tuition fees. The approval of entities as VET providers is a critical step in facilitating this assistance. This Act applies to bodies corporate that are Registered Training Organisations (RTOs) seeking to offer VET FEE-HELP to their students, with a specific focus on courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval process ensures that only entities meeting the specified criteria are eligible to participate in the scheme. The approval and subsequent notice, as outlined in the VE T Provider Approval No. 3 of 2012, apply nationally, thereby extending the reach of the VET FEE-HELP scheme across Australia. There are no exclusions or exemptions specified within this legislative instrument; however, the Minister's decision to approve a VET provider is contingent upon meeting the outlined requirements. The approval process and its effects are further regulated through subordinate instruments, ensuring consistency and adherence to the legislative intent.

Key Provisions

The main operative sections of this legislation are clauses 6 and 11 of Schedule 1A to the Higher Education Support Act 2003 (HESA). Clause 6 provides for the approval of bodies as Vocational Education and Training (VET) Providers by the Minister, while clause 11 mandates that the Minister must decide on an application for approval (11(1)(a)) and notify the applicant in writing of the decision (11(1)(b)). This legislation specifically approves the Royal Victorian Aero Club (ACN: 004 128 232, ABN: 38 177 495 544) as a VET Provider, and includes a Notice of Approval in accordance with subclause 12(1) of Schedule 1A to HESA. The approval and notice take effect on the day after the notice is registered on the Federal Register of Legislative Instruments. This Act imposes certain obligations on the parties it governs, primarily focusing on the approval process for VET Providers. The Minister, under subclause 6(1) of Schedule 1A, must be satisfied that the body meets the specified requirements to be approved as a VET Provider. Additionally, under clause 11(1)(a) and (b), the Minister must decide on an application for approval and notify the applicant of the decision in writing. Furthermore, the approval process extends to ensuring that the approved VET Provider, such as the Royal Victorian Aero Club, adheres to the conditions set forth in the VET FEE-HELP Assistance Scheme, which assists eligible students in paying for their VET tuition fees. In terms of the consequences for breach of this Act, it is important to note that while the explanatory statement does not explicitly detail specific offences, penalties, or consequences for non-compliance, the provisions of the Higher Education Support Act 2003 (HESA) generally govern such matters. Typically, breaches of HESA provisions may result in various civil or criminal penalties, which can include fines and other sanctions. However, the precise penalties for non-compliance with the approval and notification requirements outlined in clauses 6 and 11 of Schedule 1A are not detailed in this specific legislative instrument. Practitioners should refer to HESA for a comprehensive understanding of the penalties applicable to breaches within the broader context of the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.