Higher Education Support Act 2003 - VET Provider Approval (No. 33 of 2009)

Overview

The Higher Education Support Act 2003 (HESA) was enacted to address the need for financial assistance for students in the vocational education and training sector. It establishes the VET FEE-HELP Assistance Scheme, which is an extension of the higher education FEE-HELP arrangements. The Act aims to provide income contingent loans to eligible students to cover all or part of their vocational education and training tuition fees. The Australian Parliament enacted this legislation to ensure that vocational education and training remains accessible to those who need financial support. The Higher Education Support Act 2003 includes provisions for the approval of bodies as VET providers, which are essential for the implementation of the VET FEE-HELP scheme. This legislative instrument, issued under the authority of the Minister for Education, approves Careers Australia College of Healthcare Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA. The approval process involves a decision on the application of Careers Australia College of Healthcare Pty Ltd, as outlined in paragraph 11(1)(a) of Schedule 1A of HESA. Additionally, the instrument notifies the applicant of the approval under paragraph 11(1)(b) of Schedule 1A of HESA. This approval enables Careers Australia College of Healthcare Pty Ltd to offer VET FEE-HELP assistance to its eligible students, thereby facilitating access to vocational education and training for those in need of financial support.

Scope and Application

The VET Provider Approval No. 33 of 2009 under the Higher Education Support Act 2003 applies specifically to Careers Australia College of Healthcare Pty Ltd, approving it as a Vocational Education and Training (VET) provider. This approval enables the entity to offer VET FEE-HELP assistance to its eligible students who are studying accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval is granted pursuant to Clause 6 of Schedule 1A of the Higher Education Support Act 2003, which mandates the Minister's approval of bodies as VET providers. Additionally, under Clause 11 of Schedule 1A, the Minister is required to decide on applications for approval and notify applicants in writing of their approval status. The approval notice and decision have effect from the day after the notice is registered on the Federal Register of Legislative Instruments, as per the provisions of Schedule 1A and the Legislative Instruments Act 2003. The approval is geographically and jurisdictionally applicable across the Commonwealth of Australia, extending the reach of the VET FEE-HELP scheme to eligible students nationwide.

Key Provisions

The legislation, F2009L02903, pertains to the approval of Careers Australia College of Healthcare Pty Ltd as a VET Provider under the Higher Education Support Act 2003 (HESA). This approval process is outlined in clause 6 and clause 11 of Schedule 1A of HESA. Clause 6 provides the mechanism by which the Minister approves bodies as VET Providers, while clause 11 requires the Minister to decide an application for approval and to notify the applicant in writing of the decision (section 11(1)(a) and (b)). The notice of approval is also a legislative instrument, as stipulated in subclause 12(1) of HESA. The purpose of this instrument is to approve Careers Australia College of Healthcare Pty Ltd as a VET Provider and to notify them of this decision. The obligations imposed by the Act on Careers Australia College of Healthcare Pty Ltd, once approved as a VET Provider, include adhering to the terms and conditions set forth by the VET FEE-HELP Assistance Scheme. This scheme is designed to assist eligible students with their vocational education and training (VET) tuition fees for courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. As a VET Provider, Careers Australia College of Healthcare Pty Ltd will be able to offer VET FEE-HELP assistance to its eligible students. The approval process ensures that only those bodies corporate that are also Registered Training Organisations (RTOs) can apply to become approved VET Providers. There are potential consequences for any breach of the terms and conditions of the approval. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the explanatory statement, it is implied that any non-compliance with the VET FEE-HELP Assistance Scheme could result in revocation of the approval or other regulatory actions. The Higher Education Support Act 2003, in conjunction with the FEE-HELP arrangements, would provide the necessary legal framework to enforce compliance and impose penalties where appropriate. The approval and notice of approval become effective the day after they are registered on the Federal Register of Legislative Instruments, in accordance with subclause 12(2) of Schedule 1A of HESA and paragraph 12(1)(d) of the Legislative Instruments Act 2003. This ensures that the legal status of Careers Australia College of Healthcare Pty Ltd as a VET Provider is formally recognised and enforceable from the date of registration. The notice does not require consultation as it only confers a benefit on the approved entity and does not have a significant impact on other businesses or competition.