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. 42 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 Golf Education Australia Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Golf Education Australia Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Golf Education Australia 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 Golf Education Australia 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 Golf Education Australia 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 Higher Education Support Act 2003 (HESA) was enacted to provide a framework for financial assistance and support within the Australian higher education system, addressing the need for a structured approach to student financial support. The Act was introduced to ensure that students have access to financial assistance and to support the vocational education and training (VET) sector through initiatives like the VET FEE-HELP Assistance Scheme. Enacted by the Parliament of Australia, the policy objective of HESA is to enhance accessibility and affordability of higher education and vocational training by offering financial support mechanisms, including income contingent loans.
The approval of Golf Education Australia Pty Ltd as a VET Provider under clauses 6 and 11 of Schedule 1A of HESA is a specific legislative instrument aimed at extending the VET FEE-HELP scheme to this entity. This approval allows Golf Education Australia Pty Ltd to offer VET FEE-HELP assistance to its eligible students, thereby facilitating their participation in accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval process, overseen by the Minister for Education, involves a formal application, assessment, and notification procedure, ensuring that only eligible bodies can participate in the scheme.
Scope and Application
The instrument approved under clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA) pertains specifically to the approval of Golf Education Australia Pty Ltd as a VET Provider, enabling it to participate in the VET FEE-HELP Assistance Scheme. This approval authorises Golf Education Australia Pty Ltd to offer VET FEE-HELP assistance to its eligible students, allowing them to access financial support for tuition fees in eligible VET courses. The decision and the accompanying notice of approval, which are legislative instruments, come into effect the day after their registration on the Federal Register of Legislative Instruments. The scope of this approval is limited to Golf Education Australia Pty Ltd, and no consultation was deemed necessary as it does not have broader implications for business or competition. The authority for this approval lies with the Minister for Education, who has delegated certain powers under HESA to an employee within the Department.
Key Provisions
The key provisions of this legislation concern the approval and notice of approval of a body as a VET provider under the Higher Education Support Act 2003 (HESA). Specifically, clause 6 of Schedule 1A of HESA provides for the approval of bodies as VET providers by the Minister, while clause 11 of Schedule 1A requires the Minister to decide an application for approval and notify the applicant in writing of the outcome (subsection 11(1)). The approval of Golf Education Australia Pty Ltd as a VET provider is communicated through a legislative instrument under section 238-5 of HESA, which also stipulates that the notice of approval is itself a legislative instrument (subclause 12(1)). The decision and notice are effective from the day after the notice is registered on the Federal Register of Legislative Instruments (subclause 12(2)).
The obligations and requirements imposed by the Act on the parties it governs include the application process for approval as a VET provider and the notification process. Golf Education Australia Pty Ltd, as an approved VET provider, must meet certain criteria and standards set by the Minister to ensure the quality and integrity of the VET FEE-HELP Assistance Scheme. This includes compliance with HESA and other relevant regulations, which may involve periodic assessments and audits to ensure ongoing eligibility and adherence to the scheme’s requirements. The approval signifies that Golf Education Australia Pty Ltd is recognised as a legitimate provider capable of delivering VET courses that are eligible for VET FEE-HELP assistance.
In terms of offences, penalties, or consequences for breach, the Explanatory Statement does not detail specific penalties under HESA for non-compliance by approved VET providers. However, general provisions within HESA may include administrative, civil, or criminal penalties for breaches of the scheme’s requirements or misrepresentations in the approval process. The penalties can vary widely depending on the nature and severity of the breach but could potentially include fines, suspension, or revocation of the provider's approval. For instance, under section 272 of HESA, the Minister may impose financial penalties for breaches related to the VET FEE-HELP Assistance Scheme. Failure to comply with the Act’s provisions could also lead to legal action by the Minister, resulting in further civil or criminal consequences.