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. 30 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 Dazzle-M Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Dazzle-M Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Dazzle-M 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 Dazzle-M 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 Dazzle-M 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 F2010L03375 instrument, issued under the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, serves to approve Dazzle-M Pty Ltd as a VET Provider under the Higher Education Support Act 2003. The Act, which was enacted to facilitate the VET FEE-HELP Assistance Scheme, extends the benefits of the Higher Education Loan Program (HELP) to the vocational education and training (VET) sector. The scheme allows eligible students to manage their tuition fees through income contingent loans, enabling them to pursue accredited courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval process ensures that only suitably qualified bodies, such as Registered Training Organisations (RTOs), can offer VET FEE-HELP assistance, thus maintaining the integrity and effectiveness of the scheme.
The approval of Dazzle-M Pty Ltd under clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003, which outlines the VET FEE-HELP Assistance Scheme, signifies the Minister's decision to incorporate this entity into the framework of approved VET Providers. This decision, communicated via a legislative instrument, becomes effective on the day following its registration on the Federal Register of Legislative Instruments. The instrument not only grants approval but also notifies Dazzle-M Pty Ltd of this decision, thereby formalising its eligibility to provide VET FEE-HELP assistance to its students.
Scope and Application
The Higher Education Support Act 2003, specifically Schedule 1A, provides the legal framework for the approval of bodies as Vocational Education and Training (VET) Providers under the VET FEE-HELP Assistance Scheme. This Act applies to entities that are bodies corporate and are also Registered Training Organisations (RTOs), enabling them to offer VET FEE-HELP assistance to eligible students. The legislation stipulates that the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, through an authorised APS employee, has the power to approve these entities as VET Providers and to notify applicants of the decision in writing. The geographic and jurisdictional reach of this Act is national, applying throughout the Commonwealth of Australia. There are no stated exclusions or exemptions in this particular legislative instrument, but the Act's broader provisions may include other limitations or conditions. Subordinate instruments may extend or restrict the application of this Act, although specific details are not provided in this notice.
Key Provisions
The legislation, F2010L03375, pertains to the approval of a Vocational Education and Training (VET) Provider under the Higher Education Support Act 2003 (HESA). Specifically, Clause 6 of Schedule 1A of HESA outlines the approval process for entities to become VET Providers, while Clause 11 mandates that the Minister must notify applicants of their approval status in writing. The approval and notification of Dazzle-M Pty Ltd as a VET Provider are governed by these clauses. The approval process and notification are integral to the VET FEE-HELP Assistance Scheme, which allows eligible students to receive assistance for their VET tuition fees.
The obligations imposed on the parties by this Act include the requirement for bodies corporate that are also Registered Training Organisations (RTOs) to apply for approval as VET Providers if they wish to offer VET FEE-HELP assistance to their students. The Minister, under section 238-5 of HESA, has delegated these powers to an APS employee in the Department. Dazzle-M Pty Ltd, as the entity in question, must meet the eligibility criteria and complete the application process to obtain approval. Once approved, the entity is formally recognised as a VET Provider and can offer assistance to eligible students studying accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas.
Failure to comply with the provisions of the HESA or the terms of the approval could lead to various consequences. However, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. The focus of the legislation is on the approval process and the notification of such approval. The legislative instrument ensures that the approval and notification process is transparent and legally binding, with the approval taking effect on the day after the notice is registered on the Federal Register of Legislative Instruments. The lack of consultation in this instance suggests that the notice is solely beneficial to the entity involved and does not significantly impact other businesses or competition.