Higher Education Support Act 2003 - VET Provider Approval (No. 4 of 2008)

Legislation au F2008L03668 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Notice of approval pursuant to subsection 11(1) of Schedule 1A

of the Higher Education Support Act 2003

 

 

VET Provider Approval (No. 4 of 2008)

 

 

Issued by the authority of the

Minister for Education

 

Subject: Higher Education Support Act 2003

VET Provider approval pursuant to section 6 and subsection (11)(1) of Schedule 1A of the Higher Education Support Act 2003.

 

Notice of Approval

The Notice of Approval is made pursuant to subsection 11(1) of Schedule 1A of HESA.  The purpose of this notice is to approve and give notice of approval of Baptist Business College Limited 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 section 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 Baptist Business College Limited 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 VET Provider Approval (No. 4 of 2008) was issued under the authority of the Minister for Education and is an approval notice made pursuant to subsection 11(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA). This legislative instrument was introduced to address the need for a structured process to approve Vocational Education and Training (VET) providers to participate in the VET FEE-HELP scheme, an initiative designed to support eligible students in paying their tuition fees. The VET FEE-HELP scheme is an extension of the higher education FEE-HELP arrangements and aims to assist full fee-paying students studying accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. By approving Baptist Business College Limited as a VET provider, the notice enables the institution to offer VET FEE-HELP assistance to its students, thereby facilitating access to vocational education and training. The approval took effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice, as stipulated in section 12 of Schedule 1A of HESA.

Scope and Application

The Explanatory Statement provides notice of approval for Baptist Business College Limited as a VET provider under the Higher Education Support Act 2003. This approval allows the institution to offer VET FEE-HELP assistance to eligible students enrolled in accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval pertains specifically to Baptist Business College Limited, which is a Body Corporate and a Registered Training Organisation. The approval is granted under the authority of the Minister for Education and takes effect once disallowance by Parliament is no longer possible. The approval process involved no consultation as it was determined that the notice would not substantially impact business or competition. The legislation applies to entities such as Baptist Business College Limited, enabling them to participate in the VET FEE-HELP scheme, thereby aiding full fee-paying students in managing their tuition fees.

Key Provisions

The notice of approval under subsection 11(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA) serves to officially recognise Baptist Business College Limited as a Vocational Education and Training (VET) provider (Section 12). This approval allows the institution to participate in the VET FEE-HELP scheme, enabling it to offer financial assistance to eligible, full fee-paying students enrolled in specific accredited VET courses such as diploma, advanced diploma, graduate certificate, and graduate diploma. The approval process confirms the institution's compliance with the necessary standards and requirements to be part of this government-backed financial assistance program. The obligations placed on Baptist Business College Limited, as a newly approved VET provider, include adhering to the provisions outlined in the Higher Education Support Act 2003 and its Schedule 1A. This includes ensuring that the institution meets all regulatory requirements for VET providers, such as maintaining appropriate educational standards, providing accurate information to prospective students, and complying with financial and administrative regulations. The institution must also be registered as a Registered Training Organisation (RTO) and meet the specific criteria for VET FEE-HELP eligibility as stipulated in the Act. Failure to comply with the provisions of the Higher Education Support Act 2003 and the conditions of the VET FEE-HELP scheme can result in significant consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties may include fines and the possibility of the provider being de-registered or losing their approval status. Criminal penalties can include imprisonment and fines, depending on the severity and nature of the breach. The specific maximum penalties are not detailed in the explanatory statement but would be outlined in the relevant sections of the Act. It is crucial for Baptist Business College Limited to understand and adhere to these obligations to avoid any legal repercussions.

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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.