Higher Education Support Act 2003 - VET Provider Approval (No. 4 of 2012)

Legislation au F2012L00859 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Approval and Notice of Approval under clauses 6 and 11 of Schedule 1A

to the Higher Education Support Act 2003

 

VET Provider Approval No. 4 of 2012

 

Issued by the authority of the

Minister for Tertiary Education, Skills, Science and Research

 

Subject: Higher Education Support Act 2003 (HESA)

VET Provider approval and Notice of Approval under clauses 6 and 11 of Schedule 1A to HESA

 

Authority

Schedule 1A to 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) Schedule 1A to 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 to HESA to an APS employee in the Department.

 

Purpose

This instrument approves Equals International (Aust) Pty Ltd (ACN: 078 991 858  

 ABN: 81 078 991 858) as a VET Provider under Clause 6 of Schedule 1A to HESA and as a consequence decides the application of Equals International (Aust) Pty Ltd  for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA.  The instrument also gives Equals International (Aust) Pty Ltd notice of that approval for the purposes of paragraph 11(1)(b) of Schedule 1A to 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 that 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 to HESA and paragraph 12(1)(d) of the Legislative  nstruments Act 2003, the notice and the decision to approve Equals International (Aust) 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 Equals International (Aust) 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.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Notice of Approval - VET Provider Approval

 

This Legislative Instrument (the Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Instrument is made by the Minister under subclause 6(1), paragraph 11(1)(b) and subclause 12(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act).

 

The purpose of the Instrument is to approve Equals International (Aust) Pty Ltd as a VET provider for the purposes of the VET FEE‑HELP Assistance Scheme under the Act.

 

For the Minister to approve a body corporate as a VET provider the Minister must be satisfied that the body meets the requirements of subclause 6(1) of Schedule 1A to the Act.

 

Human rights implications

 

Right to education

 

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of vocational education and training by Equals International (Aust) Pty Ltd by approving it as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under the Act, enabling it to offer VET FEE‑HELP assistance to its eligible students.

 

The objective of the Instrument is to approve Equals International (Aust) Pty Ltd as a VET provider under the Act and thereby enable eligible students of Equals International (Aust) Pty Ltd to access VET FEE-HELP assistance for VET courses of study.

 

To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument approves Equals International (Aust) Pty Ltd as a VET provider, thereby extending VET FEE‑HELP assistance and the availability of education to its eligible students.

 

Conclusion

 

This Instrument is compatible with human rights because it advances the protection of human rights.

 

 

 

 

 

Overview

The Higher Education Support Act 2003 (HESA) was enacted by the Australian Parliament to provide a legislative framework for the administration of student support within the higher education sector, including vocational education and training (VET). The Act aimed to address the need for a structured approach to the delivery and financial support of higher education and VET programs. One of the key provisions within HESA is the VET FEE-HELP Assistance Scheme, established to help eligible students manage their tuition fees through income contingent loans. This scheme extends the benefits of the Higher Education Loan Program (HELP) to the VET sector. The enactment of HESA sought to streamline the approval process for VET providers and ensure that eligible students have access to necessary financial assistance, thereby enhancing educational accessibility and equity.

Scope and Application

The F2012L00859 instrument pertains to the approval of Equals International (Aust) Pty Ltd as a VET Provider under the Higher Education Support Act 2003 (HESA), specifically through clauses 6 and 11 of Schedule 1A. This approval is significant as it enables the entity to offer VET FEE-HELP assistance, an income contingent loan scheme for vocational education and training (VET), to its eligible students. The approval process involves the Minister for Tertiary Education, Skills, Science and Research, or a designated officer in the Department, who must be satisfied that Equals International meets the necessary requirements to be a VET provider. This approval is subject to the provisions of the HESA and the legislative instrument is effective from the day after it is registered on the Federal Register of Legislative Instruments. The instrument does not extend to other entities and is specific to the approval of Equals International (Aust) Pty Ltd. It is noted that consultation was deemed unnecessary as the notice only confers a benefit on the mentioned entity and does not have a substantial effect on business or competition.

Key Provisions

The main operative sections of the legislation are clauses 6 and 11 of Schedule 1A to the Higher Education Support Act 2003 (HESA). Clause 6 (paragraph 6(1)) specifies the criteria that the Minister must be satisfied with to approve a body as a VET Provider, while clause 11 (paragraphs 11(1)(a) and 11(1)(b)) mandates that the Minister must decide an application for approval and notify the applicant in writing whether the approval has been granted. Subclause 12(1) of Schedule 1A states that a Notice of Approval is a legislative instrument. The obligations imposed on parties by the legislation include the requirement for bodies corporate that are Registered Training Organisations (RTOs) to apply to become approved as VET Providers (Clause 6 of Schedule 1A). Once approved, these entities can offer VET FEE-HELP assistance to eligible students. The Minister must decide on an application for approval and notify the applicant of the decision within the framework established by clauses 6 and 11 of Schedule 1A. The legislation also sets out consequences for breaches, although no specific offences, penalties, or civil/criminal consequences are detailed in the provided excerpt. However, it is implied that failure to comply with the provisions could result in legal actions or administrative penalties, as the Minister has the authority to approve or deny applications based on compliance with the criteria outlined in Schedule 1A. The approval process is designed to ensure that only entities meeting the specified requirements are able to participate in the VET FEE-HELP Assistance Scheme.

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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.