EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No. 30 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 The Board of the Bendigo Regional Institute of Technical and Further Education 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 The Board of the Bendigo Regional 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 was enacted to provide for the regulation and support of higher education and vocational education and training providers in Australia. The legislation was introduced to address the need for a structured and supportive framework for educational institutions, particularly in terms of financial support and regulatory oversight. One notable initiative under this Act is the VET FEE-HELP scheme, an income contingent loan program designed to assist eligible students in paying for their vocational education and training tuition fees. The policy objective is to enhance access to vocational education and training by mitigating financial barriers. The Bendigo Regional Institute of Technical and Further Education was approved as a VET provider under this Act, enabling it to offer VET FEE-HELP assistance to its eligible students, thereby expanding access to vocational education within the community.
Scope and Application
The Notice of Approval under F2009L02461, issued under the Higher Education Support Act 2003, pertains to the approval of The Board of the Bendigo Regional Institute of Technical and Further Education as a VET provider. This approval allows the institute to offer VET FEE-HELP assistance to eligible students enrolled in specific accredited VET courses, such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval applies specifically to the Bendigo Regional Institute of Technical and Further Education as a body corporate and a Registered Training Organisation (RTO), and it enables them to participate in the VET FEE-HELP scheme, which is an extension of the Higher Education Loan Program (HELP). The notice does not specify any exclusions or exemptions and is effective from the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice. The scope of this approval is limited to the Bendigo Regional Institute of Technical and Further Education and does not extend to other entities, as consultation was deemed unnecessary due to the specific nature of the approval and its limited impact on competition or business.
Key Provisions
The main operative sections of this Notice of Approval (F2009L02461) under the Higher Education Support Act 2003 are subclauses 11(1) and (12) of Schedule 1A. Section 11(1) provides the legal basis for issuing the approval, while section 11(2) specifies that the approval will be effective from the day after the disallowance period ends. This means that the Board of the Bendigo Regional Institute of Technical and Further Education is officially recognised as a VET provider under the VET FEE-HELP scheme, which is a part of the Higher Education Loan Program (HELP). This scheme helps eligible students pay for their vocational education and training (VET) fees for courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas.
The obligations and requirements imposed by the Act on the approved VET provider include adhering to the conditions set out in the approval notice. The Bendigo Regional Institute of Technical and Further Education, as a VET provider, must ensure that it meets all the criteria and standards required to maintain its approval. This includes providing eligible students with the VET FEE-HELP assistance as per the scheme's guidelines. The Institute must also ensure that its courses and services comply with the educational standards and requirements set by the Australian government. Failure to meet these obligations could result in the loss of approval and eligibility to offer VET FEE-HELP assistance.
The Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of the approval conditions in this Notice of Approval. However, under the Higher Education Support Act 2003, general provisions apply for breaches of any provisions of the Act or its regulations. Offences can result in fines, imprisonment, or both, depending on the severity of the breach. For instance, section 108 of the HESA outlines penalties for non-compliance, which can include fines of up to $22,200 for individuals and $111,000 for bodies corporate. Additionally, revocation of approval and loss of eligibility to offer VET FEE-HELP assistance are potential consequences for non-compliance. The specific penalties are determined by the courts based on the nature and extent of the breach.