Higher Education Support Act 2003 - VET Provider Approval (No. 5 of 2012)

Legislation au F2012L00860 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. 5 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 Productivity Partners Pty Ltd (ACN:   085  570 547 ABN:   71 085 570 547) as a VET Provider under Clause 6 of Schedule 1A to HESA and as a consequence decides the application of Productivity Partners Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA.  The instrument also gives Productivity Partners 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 Instruments Act 2003, the notice and the decision to approve Productivity Partners 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 Productivity Partners 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 Productivity Partners 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 Productivity Partners 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 Productivity Partners Pty Ltd as a VET provider under the Act and thereby enable eligible students of Productivity Partners 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 Productivity Partners 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 to address the need for a structured financial support system for students in vocational education and training (VET), extending the existing FEE-HELP scheme for higher education to the VET sector. The Act aims to facilitate access to education by enabling eligible students to receive financial assistance for their VET tuition fees. The Parliament of Australia, through the enactment of HESA, sought to create a supportive framework that encourages participation in VET courses, thereby enhancing skills and employment opportunities. This legislation was introduced to ensure that vocational education and training providers could participate in the VET FEE-HELP Assistance Scheme, thus offering financial assistance to their students for accredited courses such as diplomas and advanced diplomas. By approving entities as VET providers, the Act helps bridge the gap between students' financial constraints and their educational aspirations in the vocational sector.

Scope and Application

The VET Provider Approval No. 5 of 2012, issued under the authority of the Minister for Tertiary Education, Skills, Science and Research, pertains to the approval of Productivity Partners Pty Ltd as a VET Provider under the Higher Education Support Act 2003. This approval, made under clauses 6 and 11 of Schedule 1A of the Act, authorises Productivity Partners Pty Ltd to offer VET FEE-HELP Assistance to its eligible students, thereby facilitating access to vocational education and training. This approval is confined to Productivity Partners Pty Ltd, a corporate entity that is also a Registered Training Organisation. The approval is intended to ensure that the entity meets the criteria for providing VET FEE-HELP assistance, which is part of the Higher Education Loan Program (HELP). The legislative instrument’s approval is a statutory requirement for entities wishing to participate in the VET FEE-HELP Assistance Scheme. The approval takes effect from the day after the notice is registered on the Federal Register of Legislative Instruments. Notably, the Minister has delegated their powers under clauses 6 and 11 to an APS employee in the Department, and the notice of approval is a legislative instrument under subclause 12(1) of Schedule 1A to the Act.

Key Provisions

The key sections of the Explanatory Statement revolve around the approval of Productivity Partners Pty Ltd as a VET provider under the Higher Education Support Act 2003 (HESA). Section 6 of Schedule 1A provides for the Minister’s approval of bodies as VET providers, and section 11 requires the Minister to decide on applications for approval and notify applicants in writing of the outcome. The approval process ensures that only entities meeting the necessary requirements can offer VET FEE-HELP assistance to their students. Furthermore, section 12(1) stipulates that a Notice of Approval is a legislative instrument, formalising the approval process. Under the Act, the obligations imposed on Productivity Partners Pty Ltd, once approved, include adhering to the requirements of the VET FEE-HELP Assistance Scheme. This includes ensuring that eligible students can access the scheme to cover their vocational education and training fees. The Act also mandates that the provider must comply with all legislative and regulatory requirements to maintain their approval status. Additionally, Productivity Partners Pty Ltd must ensure that their courses are accredited and that their students are eligible for the assistance. Breaching the obligations set out in the Act can lead to various consequences. For instance, failure to comply with the terms of the VET FEE-HELP Assistance Scheme can result in the withdrawal of approval, effectively preventing the provider from offering the assistance to their students. Furthermore, there may be civil or criminal penalties imposed for non-compliance with educational standards and regulations. Although specific penalties are not detailed in the explanatory statement, breaches of educational legislation generally can attract fines and other sanctions, depending on the severity and nature of the breach.

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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.