Higher Education Support Act 2003 - VET Provider Approval (No. 7 of 2013)

Legislation au F2013L00244 Not in force Legislative Instrument

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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. 7 of 2013

 

Issued by the authority of the Minister for Tertiary Education, Skills, Science and Research

 

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 the position of General Manager of the Student Support Branch in the Tertiary Quality and Student Support Division of the Department of Industry, Innovation, Science, Research and Tertiary Education.

 

Subclause 12(1) 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 Bruce Hartwig Flying School Pty Ltd (ACN: 132 770 480 ABN: 87 132 770 480)                                           as a VET Provider under subclause 6(1) of Schedule 1A to the Act;

b. decides the application of Bruce Hartwig Flying School Pty Ltd for the purposes of                                           paragraph 11(1)(a) of Schedule 1A to the Act; and

c . gives Bruce Hartwig Flying School Pty Ltd 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.

 

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 Bruce Hartwig Flying School 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 Bruce Hartwig Flying School 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

 

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 Bruce Hartwig Flying School Pty Ltd 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 Bruce Hartwig Flying School 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 Bruce Hartwig Flying School Pty Ltd as a VET provider under the Act and thereby enable eligible students of Bruce Hartwig Flying School 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 Bruce Hartwig Flying School 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 was enacted by the Parliament of Australia to establish the legal framework for the support of students in higher education and vocational education and training (VET) sectors. One significant aspect of this legislation is the creation of the VET FEE-HELP Assistance Scheme, which provides financial assistance to eligible students enrolled in approved VET courses. This scheme ensures that students can access vocational education and training without the immediate burden of upfront tuition fees. The Act addresses a critical gap in the accessibility and affordability of VET education, facilitating broader participation and skill development in the workforce. The Minister for Tertiary Education, Skills, Science and Research has the authority to approve bodies as VET Providers under the Act, with the policy objective of extending the availability of VET FEE-HELP assistance to eligible students by recognising and supporting qualified educational institutions.

Scope and Application

The legislative instrument F2013L00244, issued under subclauses 6(1) and 11(1) of Schedule 1A to the Higher Education Support Act 2003, pertains to the approval of Bruce Hartwig Flying School Pty Ltd as a VET provider, enabling the entity to participate in the VET FEE-HELP Assistance Scheme. This Act applies to Bruce Hartwig Flying School Pty Ltd, a specific body corporate that has applied to become an approved VET provider under the scheme. The approval process and notification are governed by the Higher Education Support Act 2003, which is a Commonwealth Act. The Act applies nationally, as it falls under the legislative authority of the Commonwealth of Australia. The approval extends to the provision of vocational education and training courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas, which are eligible for VET FEE-HELP assistance. The instrument does not explicitly state any exclusions or thresholds, but the approval is contingent on meeting the criteria outlined in subclause 6(1) of Schedule 1A to the Act. The Minister for Tertiary Education, Skills, Science and Research has delegated the approval and notification powers to the General Manager of the Student Support Branch within the Tertiary Quality and Student Support Division of the Department of Industry, Innovation, Science, Research and Tertiary Education. The approval takes effect upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The main sections of the F2013L00244 legislative instrument concern the approval of Bruce Hartwig Flying School Pty Ltd as a VET provider under the Higher Education Support Act 2003. Section 6(1) of Schedule 1A of the Act allows for the approval of bodies as VET Providers by the Minister, and section 11(1) mandates that the Minister must decide on an application for approval and notify the applicant in writing of the decision. These sections require the Minister to assess whether the applicant meets the necessary criteria to be approved as a VET Provider. Once an application is approved, the Minister must issue a notice of approval as a legislative instrument, as stipulated in section 12(1) of Schedule 1A. The obligations imposed by the Act on Bruce Hartwig Flying School Pty Ltd, as a VET provider, include compliance with the conditions of its approval, which will likely involve meeting specific educational standards and criteria to maintain its status as a VET provider. This includes adhering to the requirements set forth under Schedule 1A of the Act, ensuring that it offers courses that qualify for VET FEE-HELP assistance and that it maintains the necessary educational standards to provide these courses to students. Failure to comply with the conditions of approval or breach of any obligations under the Act can lead to serious consequences. The Act does not explicitly state penalties for non-compliance, but it is likely that breaches could result in the revocation of the VET provider's approval, which would prevent it from offering VET FEE-HELP assistance. Such revocation could also result in financial penalties or legal action. Additionally, the Minister has the authority to impose sanctions under the Act, which could include fines or other civil penalties as deemed appropriate. There may also be criminal consequences for more severe breaches, although the specific penalties are not outlined in the instrument.

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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.