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. 5 of 2011
Issued by the authority of the
Minister for Tertiary Education, Skills, Jobs and Workplace Relations
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 his powers under clauses 6 and 11 of Schedule 1A of HESA to an APS employee in the Department.
Purpose
This instrument approves BCA National Training Group Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of BCA National Training Group Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives BCA National Training Group 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 BCA National Training Group 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 BCA National Training Group 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 address the need for a structured financial support system for students engaged in vocational education and training (VET), aligning with the broader objectives of the Higher Education Loan Program (HELP). This Act was passed by the Australian Parliament to facilitate the VET FEE-HELP Assistance Scheme, enabling eligible students to manage their tuition fees more effectively through an income contingent loan system. The scheme extends the existing FEE-HELP arrangements to the VET sector, covering courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The legislation provides a legislative framework for the approval of VET providers, ensuring that only eligible Registered Training Organisations (RTOs) can offer VET FEE-HELP assistance to their students. The policy objective is to enhance access to vocational education by reducing the financial barriers for students in the VET sector.
Scope and Application
The VET Provider Approval No. 5 of 2011, issued under the Higher Education Support Act 2003 (HESA), pertains specifically to the approval of BCA National Training Group Pty Ltd as a Vocational Education and Training (VET) Provider. This approval is granted under Clause 6 of Schedule 1A of HESA, which outlines the process for the Minister’s approval of bodies as VET Providers, and is contingent upon the Minister deciding the application for approval as stipulated in paragraph 11(1)(a) of Schedule 1A of HESA. The approval process also mandates that the applicant be notified in writing of the decision, as per paragraph 11(1)(b). This approval empowers BCA National Training Group Pty Ltd to offer VET FEE-HELP assistance to its eligible students, facilitating the payment of vocational education and training tuition fees. The geographic and jurisdictional reach of this Act is national, applying across Australia, as it is a Commonwealth Act. There are no exclusions or exemptions noted for this specific approval; however, the broader application of the VET FEE-HELP scheme may have its own set of eligibility criteria and exclusions which are not detailed in this particular legislative instrument.
Key Provisions
The legislation, F2011L00481, pertains to the approval of BCA National Training Group Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of the Higher Education Support Act 2003 (HESA). This approval follows the Minister's decision on the application under paragraph 11(1)(a) of Schedule 1A and includes formal notification of the approval under paragraph 11(1)(b). The approval is effective from the day after the notice is registered on the Federal Register of Legislative Instruments, as outlined in subclause 12(2) of Schedule 1A of HESA. The approval allows BCA National Training Group Pty Ltd to offer VET FEE-HELP assistance to its eligible students studying certain accredited VET courses.
Entities approved as VET Providers under this legislation have specific obligations. They must ensure that they meet the criteria set out in Schedule 1A of HESA and comply with all relevant provisions of the HESA. This includes adhering to the terms and conditions of the VET FEE-HELP Assistance Scheme and ensuring that eligible students receive the appropriate assistance for their tuition fees. Additionally, approved entities are required to maintain accurate records and provide necessary documentation to the relevant authorities as requested.
Failure to comply with the provisions of the HESA and the terms of the VET FEE-HELP Assistance Scheme can result in various consequences. The legislation does not explicitly outline specific offences or penalties, but breaches of HESA provisions may lead to administrative or legal actions. These could include fines, cancellation of the VET Provider approval, or other regulatory measures imposed by the relevant authorities. The exact penalties for non-compliance would depend on the nature and severity of the breach, as well as the specific provisions of the HESA that have been contravened.