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 34 of 2009
Issued by the authority of the
Minister for Education
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 her powers under clauses 6 and 11 of Schedule 1A of HESA to an APS employee in the Department.
Purpose
This instrument approves Central TAFE as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Central TAFE for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Central TAFE 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 Central TAFE 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 Central TAFE 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 Explanatory Statement relates to the Higher Education Support Act 2003 (HESA), which was enacted to provide for the establishment and operation of the Higher Education Loan Program (HELP) and other related matters. The purpose of this particular instrument is to approve Central TAFE as a VET Provider under Clause 6 of Schedule 1A of HESA and notify Central TAFE of this approval. This instrument was issued by the authority of the Minister for Education and aims to facilitate the participation of eligible students in vocational education and training by enabling VET providers to offer VET FEE-HELP assistance. The approval and notification of Central TAFE as a VET provider under this instrument will allow it to support eligible students in paying for their vocational education and training tuition fees, thereby enhancing access to VET courses such as diploma, advanced diploma, graduate certificate, and graduate diploma.
Scope and Application
The instrument issued under the Higher Education Support Act 2003 (HESA) pertains to the approval and notification of Central TAFE as a VET Provider under clauses 6 and 11 of Schedule 1A of HESA. This approval enables Central TAFE to offer the VET FEE-HELP Assistance Scheme, which is designed to help eligible students pay for their vocational education and training tuition fees. The approval applies specifically to Central TAFE, which must be a body corporate and a Registered Training Organisation (RTO) to qualify. The decision and notice of approval are issued by the Minister for Education, though the Minister has delegated these powers to an authorised employee within the Department. The geographic reach of this approval is national, as it pertains to the Commonwealth's Higher Education Loan Program (HELP). There are no exclusions, exemptions, or thresholds outlined in this particular legislative instrument, though the broader VET FEE-HELP scheme has eligibility criteria for both providers and students. Subordinate instruments may further detail these criteria and expand on the application of this approval.
Key Provisions
The Higher Education Support Act 2003 (HESA) includes provisions in Schedule 1A that govern the approval of bodies as VET Providers under the VET FEE-HELP Assistance Scheme (clause 6). The Minister for Education, under the authority of HESA, is responsible for approving such bodies and notifying them in writing of the approval decision (clause 11). Subclause 12(1) of HESA stipulates that a notice of approval is a legislative instrument. Under section 238-5 of HESA, the Minister has delegated these powers to an authorised APS employee in the Department. This explanatory statement pertains to the approval of Central TAFE as a VET Provider and the notification of this decision.
The approval process under clause 6 of Schedule 1A mandates that the Minister for Education assess applications from bodies seeking to become VET Providers. The Minister must then decide whether to approve the applicant as a VET Provider and notify them of this decision in writing (clause 11(1)(a) and (b)). This instrument specifically approves Central TAFE as a VET Provider and communicates this approval to Central TAFE, enabling them to offer VET FEE-HELP assistance to eligible students. The approval process ensures that only qualified bodies can participate in the VET FEE-HELP scheme.
The obligations imposed on Central TAFE, once approved, include offering VET FEE-HELP assistance to eligible students studying specified accredited VET courses. These courses include diplomas, advanced diplomas, graduate certificates, and graduate diplomas. Central TAFE must comply with the requirements and conditions set out in the VET FEE-HELP scheme, ensuring that it provides the necessary assistance to eligible students for their tuition fees. Central TAFE must also maintain the necessary records and report to the relevant authorities as required by the scheme.
Breaches of the conditions set out in the VET FEE-HELP scheme may result in various consequences. The Act does not specify particular offences or penalties within this explanatory statement; however, non-compliance with the scheme's requirements may lead to administrative actions, including the revocation of approval as a VET Provider. The Minister may also take legal action against Central TAFE for any breaches, leading to civil or criminal penalties. The maximum penalties would depend on the nature and severity of the breach, and would be determined by the relevant courts.