Higher Education Support Act 2003 - VET Provider Approval (No. 8 of 2008)

Legislation au F2008L04549 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Notice of approval pursuant to subsection 11(1) of Schedule 1A

of the Higher Education Support Act 2003

 

 

VET Provider Approval (No. 8 of 2008)

 

 

Issued by the authority of the

Minister for Education

 

Subject: Higher Education Support Act 2003

VET Provider approval pursuant to clause 6 and subclause (11)(1) of Schedule 1A of the Higher Education Support Act 2003.

 

Notice of Approval

The Notice of Approval is made pursuant to subclause 11(1) of Schedule 1A of HESA.  The purpose of this notice is to approve and give notice of approval of The Academy of Interactive Entertainment Ltd as a VET provider.

 

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, full fee-paying 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 their eligible students.

 

Commencement

In accordance with clause 12 of Schedule 1A of HESA, the approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.

 

Consultation

Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on The Academy of Interactive Entertainment 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 VET Provider Approval (No. 8 of 2008), issued under the Higher Education Support Act 2003, was enacted to streamline the process of approving vocational education and training providers for the VET FEE-HELP scheme. This legislation addresses the need for a structured framework to ensure that only qualified entities can offer financial assistance to students under this scheme. The approval of The Academy of Interactive Entertainment Ltd as a VET provider under this notice was issued by the authority of the Minister for Education and is intended to enhance the quality and accessibility of vocational education by facilitating financial aid for eligible students through the VET FEE-HELP program. This legislative action ensures that students can access necessary funding for their accredited VET courses, thereby supporting the vocational training sector and promoting educational opportunities within Australia.

Scope and Application

The VET Provider Approval (No. 8 of 2008) Notice of Approval is an instrument issued under the Higher Education Support Act 2003 (HESA) and applies specifically to The Academy of Interactive Entertainment Ltd, which is recognised as a body corporate and a Registered Training Organisation (RTO). This approval enables The Academy of Interactive Entertainment Ltd to offer VET FEE-HELP assistance to eligible students enrolled in accredited courses such as diploma, advanced diploma, graduate certificate, and graduate diploma within the vocational education and training sector. The approval is granted under subclause 11(1) of Schedule 1A of the HESA and is effective from the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice, in accordance with clause 12 of Schedule 1A of the HESA. The approval is limited to The Academy of Interactive Entertainment Ltd, and consultation was deemed unnecessary as the notice neither restricts competition nor has a direct or substantial indirect effect on business. The scope of this legislation is narrowly tailored to facilitate the provision of financial assistance for VET tuition fees to eligible students through the VET FEE-HELP scheme, an extension of the higher education FEE-HELP arrangements.

Key Provisions

The main operative sections of the VET Provider Approval (No. 8 of 2008) Notice are contained within the Explanatory Statement, which is issued pursuant to subclause 11(1) of Schedule 1A of the Higher Education Support Act 2003 (HESA). This notice approves The Academy of Interactive Entertainment Ltd as a VET provider. Section 11 of Schedule 1A of HESA outlines the procedures for approving VET providers, and this approval follows those procedures. The approval allows The Academy of Interactive Entertainment Ltd to offer VET FEE-HELP assistance to its eligible students. VET FEE-HELP is a scheme that assists eligible students in paying for their vocational education and training (VET) tuition fees. The obligations and requirements imposed by the Act on The Academy of Interactive Entertainment Ltd as a VET provider include ensuring that they meet the eligibility criteria to be approved as a VET provider. This involves being a body corporate that is also a Registered Training Organisation (RTO). Once approved, The Academy of Interactive Entertainment Ltd must comply with all conditions attached to the approval, such as maintaining the quality of the courses offered and ensuring that eligible students are appropriately identified and supported. They must also adhere to any further conditions that may be imposed by the Minister for Education under Section 11(2) of Schedule 1A of HESA. The Notice of Approval does not explicitly detail specific offences or penalties for breaches of the conditions of approval, but breaches of the conditions could potentially lead to sanctions under the Higher Education Support Act 2003. Such sanctions could include the revocation of the provider's approval, which would prevent them from offering VET FEE-HELP assistance to students. In severe cases, breaches might also result in civil or criminal penalties, depending on the nature and severity of the breach. The specific penalties for breaches are outlined in other sections of HESA and would depend on the particular circumstances of the case.

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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.