EXPLANATORY STATEMENT
Notice of approval pursuant to subsection 11(1) of Schedule 1A
of the Higher Education Support Act 2003
VET Provider Approval No. 9 of 2009
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 Board of the William Angliss Institute of Technical and Further Education 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 Board of the William Angliss Institute of Technical and Further Education 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 was enacted to establish a framework for student financial assistance in the higher education and vocational education and training sectors in Australia. This legislation aims to provide support mechanisms such as income contingent loans and assistance to eligible students to cover tuition fees, ensuring accessibility and affordability in education. One of the significant components of this Act is the VET FEE-HELP scheme, which extends the benefits of the FEE-HELP arrangements to the VET sector, assisting eligible full fee-paying students with their tuition costs. Pursuant to this Act, the Minister for Education issued a notice of approval for The Board of the William Angliss Institute of Technical and Further Education as a VET provider, allowing them to offer VET FEE-HELP assistance to their students. The approval was issued under subclause 11(1) of Schedule 1A of the Act, effective from the day after disallowance could have been resolved by a House of Parliament. This notice facilitates the Institute’s ability to support students financially, aligning with the broader policy objective of enhancing access to vocational education and training.
Scope and Application
The Higher Education Support Act 2003 (HESA) is a Commonwealth statute that regulates various aspects of higher education and vocational education and training (VET) in Australia, including the provision of financial assistance to students. Pursuant to this Act, the Minister for Education has issued a Notice of Approval under subclause 11(1) of Schedule 1A, approving The Board of the William Angliss Institute of Technical and Further Education as a VET provider. This approval allows the Institute to offer VET FEE-HELP assistance to eligible students. VET FEE-HELP is a loan scheme that helps full fee-paying students cover their tuition fees for eligible VET courses. The approval applies specifically to the William Angliss Institute of Technical and Further Education, which must be a body corporate and a Registered Training Organisation (RTO) to be eligible for this designation. The approval's geographic reach is national, as it is a Commonwealth measure under the Higher Education Support Act 2003. There are no stated exclusions or thresholds in this specific approval notice, although general eligibility criteria apply to students and courses under the VET FEE-HELP scheme. The application and scope of the approval can be further detailed through subordinate instruments, which may include regulations or guidelines issued under the authority of the Act.
Key Provisions
The main operative sections of the VET Provider Approval No. 9 of 2009, pursuant to the Higher Education Support Act 2003 (HESA), include the approval of The Board of the William Angliss Institute of Technical and Further Education as a VET provider (Section 11(1) of Schedule 1A of HESA). This approval allows the Institute to offer VET FEE-HELP assistance to eligible students studying accredited VET courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval is subject to the terms and conditions set forth in the Higher Education Support Act and any applicable regulations.
The obligations imposed on The Board of the William Angliss Institute of Technical and Further Education, as a VET provider, include adherence to the requirements for administering VET FEE-HELP assistance. This involves ensuring that the courses offered meet the eligibility criteria for the VET FEE-HELP scheme and that the fees charged to students are in line with the scheme's provisions. The Institute must also maintain records and provide information as required by the Commonwealth under the VET FEE-HELP arrangements.
The Notice of Approval does not explicitly outline specific offences or penalties for breaches of the requirements. However, under HESA, non-compliance with the VET FEE-HELP provisions can result in serious consequences for the VET provider. These may include the loss of approval, financial penalties, and the requirement to repay any VET FEE-HELP loans provided to students. Additionally, the provider may face legal action, including civil suits or criminal charges, depending on the severity and intent of the breach. The penalties for such breaches can vary, with significant fines and imprisonment possible for criminal offences.
In summary, the approval notice under Section 11(1) of Schedule 1A of HESA grants The Board of the William Angliss Institute of Technical and Further Education the status of a VET provider, enabling them to offer VET FEE-HELP to eligible students. The Institute must comply with the statutory requirements and maintain adherence to the provisions of the Higher Education Support Act. Failure to comply can lead to severe consequences, including the potential loss of approval and legal repercussions.