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. 6 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 Perth Hospitality Professionals Pty Ltd as a VET Provider under Clause 6 of Schedule 1A of HESA and as a consequence decides the application of Perth Hospitality Professionals Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A of HESA. The instrument also gives Perth Hospitality Professionals 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 Perth Hospitality Professionals 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 Perth Hospitality Professionals 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) addresses the need for a structured framework to support vocational education and training (VET) in Australia, particularly through the VET FEE-HELP Assistance Scheme. This Act facilitates the approval of bodies as VET providers, enabling them to offer financial assistance to eligible students for VET courses. Enacted by the Australian Parliament, the legislation aims to enhance access to VET by reducing the financial barriers for students. The Minister for Tertiary Education, Skills, Jobs and Workplace Relations has the authority to approve bodies as VET providers, a power that has been delegated to an APS employee within the Department. This legislative instrument specifically approves Perth Hospitality Professionals Pty Ltd as a VET Provider, allowing them to offer VET FEE-HELP assistance to their students. The approval process ensures that only qualified entities can participate in this scheme, thereby maintaining the integrity and effectiveness of the VET FEE-HELP program.
Scope and Application
The Higher Education Support Act 2003 (HESA) governs the VET FEE-HELP Assistance Scheme, providing a framework for the approval of vocational education and training providers to participate in the scheme. This legislation applies to bodies corporate that are Registered Training Organisations (RTOs) seeking to become approved VET providers, thus enabling them to offer VET FEE-HELP assistance to their eligible students. The approval process outlined in Clause 6 of Schedule 1A of HESA mandates that the Minister, or a delegate, must approve such applications and communicate the decision in writing, with the approval itself considered a legislative instrument under subclause 12(1) of HESA. This Act extends its reach across the Commonwealth of Australia, providing a national framework for the administration of the VET FEE-HELP scheme. The approval and subsequent notice of approval, as exemplified by the case of Perth Hospitality Professionals Pty Ltd, are effective from the day after the notice is registered on the Federal Register of Legislative Instruments, ensuring timely implementation and compliance with the scheme's requirements.
Key Provisions
The primary operative sections of this legislation are clauses 6 and 11 of Schedule 1A of the Higher Education Support Act 2003 (HESA). Clause 6 allows for the approval of bodies as VET Providers by the Minister, whereas clause 11 stipulates that the Minister must decide an application for approval as a VET Provider and notify the applicant in writing of the outcome. Additionally, subclause 12(1) of HESA states that a notice of approval is a legislative instrument. The Minister has delegated these powers to an APS employee in the Department under section 238-5 of HESA.
The obligations and requirements imposed by the Act on the entities it governs include the process of applying for approval as a VET Provider and the necessity for the Minister to make a decision on these applications. Once a decision is made, the Minister must notify the applicant in writing, as mandated by clause 11 of Schedule 1A of HESA. Perth Hospitality Professionals Pty Ltd, in this case, has undergone this process and has been approved as a VET Provider, allowing it to offer VET FEE-HELP assistance to eligible students.
Offences and penalties for breach of the Act are not explicitly detailed in this specific legislation. However, under the general provisions of HESA, breaches of the Act or associated regulations could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for breaches of HESA can vary, but they typically include fines and imprisonment for more serious offences. It is important to refer to the specific sections of HESA and any related regulations for detailed information on penalties and consequences for non-compliance.