Higher Education Support Act 2003 - VET Provider Approval (No. 48 of 2014)

Legislation au F2014L00899 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Approval and Notice of Approval under subclauses 6(1) and 11(1) of Schedule 1A

to the Higher Education Support Act 2003

 

VET Provider Approval No. 48 of 2014

 

Issued by the authority of the Minister for Education

 

Authority

Subclause 6(1) of Schedule 1A to the Higher Education Support Act 2003 (the Act) provides for the approval of bodies as VET Providers by the Minister. Paragraph 11(1)(a) of Schedule 1A to the Act provides that the Minister must decide an application for approval as a VET Provider and under paragraph 11(1)(b) cause the applicant to be notified in writing whether or not the applicant is approved as a VET provider.

 

Under section 238‑5 of the Act the Minister has delegated his powers under clauses 6 and 11 of Schedule 1A to the Act to an APS employee responsible for administering the Act.

 

Subclause 12(1) of Schedule 1A to the Act stipulates that a notice of approval under paragraph 11(1)(b) of the Act is a legislative instrument.

 

Purpose

This instrument:

a. approves TAFE Queensland trading as TAFE Queensland SkillsTech (ABN: 72 898 805 093) as a VET Provider under subclause 6(1) of Schedule 1A to the Act;

b. decides the application of TAFE Queensland trading as TAFE Queensland SkillsTech for the purposes of paragraph 11(1)(a) of Schedule 1A to the Act; and

c. gives TAFE Queensland trading as TAFE Queensland SkillsTech notice of that approval for the purposes of paragraph 11(1)(b) of Schedule 1A to the Act.

 

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.

In accordance with subclause 6(1) of Schedule 1A to the Act, bodies corporate that are also Registered Training Organisations (RTOs) are able to apply to become approved as a VET provider.  If approved, a VET provider will be able to offer VET FEE-HELP assistance to its eligible students.

 

The TAFE Queensland Amendment Regulation (No. 1) 2014, scheduled to commence on 1 July 2014, specifies TAFE Queensland as successor in law to the entities dissolved as a result of repealing the Vocational Education, Training and Employment Act 2003 (QLD). The TAFE Queensland board has decided to create six regional business units, including TAFE Queensland trading as TAFE Queensland SkillsTech. Each business unit will, as of 1 July 2014, become a registered training organisation for the purposes of the National Vocational Education and Training Regulator Act 2011.    

 

Commencement

In accordance with subclause 12(2) of Schedule 1A to the Act and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve TAFE Queensland trading as TAFE Queensland SkillsTech 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 TAFE Queensland trading as TAFE Queensland SkillsTech 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

 

This 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 Act. The purpose of the Instrument is to approve TAFE Queensland trading as TAFE Queensland SkillsTech as a VET provider for the purposes of the VET FEE‑HELP Assistance Scheme under the Act. For approval 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 TAFE Queensland trading as TAFE Queensland SkillsTech 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 TAFE Queensland trading as TAFE Queensland SkillsTech as a VET provider under the Act and thereby enable eligible students of TAFE Queensland trading as TAFE Queensland SkillsTech 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 TAFE Queensland trading as TAFE Queensland SkillsTech 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, enacted by the Australian Parliament, addresses the need for a structured framework for the approval and regulation of vocational education and training (VET) providers. This legislative instrument aims to facilitate the provision of VET FEE-HELP assistance to eligible students, ensuring that they can access financial support for their vocational education and training. The Minister for Education is responsible for approving bodies as VET providers, and this approval process is critical for enabling these entities to offer VET FEE-HELP assistance. The policy objective is to enhance access to vocational education and training by ensuring that approved providers can participate in the VET FEE-HELP scheme, thereby supporting eligible students in their educational pursuits. The legislative instrument focuses on approving TAFE Queensland trading as TAFE Queensland SkillsTech as a VET provider, thereby promoting the right to education by extending the availability of VET FEE-HELP assistance.

Scope and Application

The VET Provider Approval No. 48 of 2014, issued under the Higher Education Support Act 2003, pertains specifically to the approval of bodies as Vocational Education and Training (VET) Providers. The approval process involves the Minister for Education, who delegates the responsibility of administering the Act to an Australian Public Service employee. This legislation targets Registered Training Organisations (RTOs) that are bodies corporate and are eligible to apply for VET Provider status under subclause 6(1) of Schedule 1A to the Act. Once approved, these entities can offer VET FEE-HELP assistance to their eligible students, facilitating access to vocational education and training courses such as diplomas and graduate certificates. The approval mechanism is a legislative instrument, as stipulated in subclause 12(1) of Schedule 1A, and the decision is communicated to the applicant in writing. The approval and notification process take effect on the day after the notice is registered on the Federal Register of Legislative Instruments, as per subclause 12(2) of Schedule 1A. The approval extends to TAFE Queensland trading as TAFE Queensland SkillsTech, which, as a successor entity to the repealed Vocational Education, Training and Employment Act 2003, is recognised as a registered training organisation from 1 July 2014.

Key Provisions

The key provisions of this legislative instrument (F2014L00899) pertain to the approval of TAFE Queensland trading as TAFE Queensland SkillsTech as a VET Provider under subclause 6(1) and the issuance of notice of this approval under paragraph 11(1)(b) of Schedule 1A to the Higher Education Support Act 2003 (the Act). The instrument is designed to facilitate the process by which TAFE Queensland SkillsTech can offer VET FEE-HELP assistance to its eligible students by becoming an approved VET provider. This involves the Minister deciding the application for approval (paragraph 11(1)(a)) and subsequently notifying the applicant in writing of this decision (paragraph 11(1)(b)). The authority to make these decisions and issue the notice is delegated by the Minister to an APS employee responsible for administering the Act (section 238-5). The approval and the accompanying notice are legislative instruments themselves (subclause 12(1) of Schedule 1A to the Act). The Act imposes several obligations on TAFE Queensland trading as TAFE Queensland SkillsTech, primarily concerning the eligibility and suitability criteria for becoming an approved VET provider. To qualify for approval, TAFE Queensland SkillsTech must meet the requirements outlined in subclause 6(1) of Schedule 1A to the Act. This involves demonstrating that it is a body corporate that is also a Registered Training Organisation (RTO). Additionally, as part of the approval process, TAFE Queensland SkillsTech must provide all necessary information and documentation to the Minister to satisfy the criteria for approval. Upon approval, TAFE Queensland SkillsTech gains the ability to offer VET FEE-HELP assistance to its eligible students studying accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. Breaches of the provisions contained within the Act can lead to various civil or criminal consequences. While the specific penalties for breaches are not detailed in this particular legislative instrument, the Act generally provides for enforcement actions that can be taken against entities that fail to comply with its requirements. These actions may include fines, cancellation of approval, or other regulatory measures intended to ensure compliance with the Act. The precise penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the Higher Education Support Act 2003 or other applicable legislation. In summary, this legislative instrument facilitates the approval of TAFE Queensland trading as TAFE Queensland SkillsTech as a VET provider under the Higher Education Support Act 2003. It outlines the requirements and obligations for entities seeking approval, as well as the process for notifying applicants of the Minister’s decision. While specific penalties for breaches are not detailed here, the Act provides for enforcement actions to ensure compliance with its provisions.

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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.