Higher Education Support Act 2003 - VET Provider Approval No. 9 of 2015

Legislation au F2015L00536 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. 9 of 2015

 

Issued by the authority of the Minister for Education and Training

 

Authority

Subclause 6(1) of Schedule 1A to the Higher Education Support Act 2003 (HESA) provides for the approval of bodies as VET providers by the Minister. Subclause 12A(1) of Schedule 1A to HESA provides for the Minister to impose conditions on a body’s approval as a VET provider. Paragraph 11(1)(a) of Schedule 1A to HESA 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 2385 of HESA the Minister has delegated his powers under clauses 6 and 11 of Schedule 1A to HESA to an APS employee responsible for administering HESA.

 

Subclause 12(1) of Schedule 1A to HESA stipulates that a notice of approval under paragraph 11(1)(b) of HESA is a legislative instrument.

 

Purpose

This instrument:

a. approves Canterbury Technical Institute Pty Ltd (ACN: 128 149 324  ABN: 61 128 149 324) as a VET provider under subclause 6(1) of Schedule 1A to HESA;

b. imposes conditions on the approval of Canterbury Technical Institute Pty Ltd as a VET provider under subclause 12A(1) of Schedule 1A to HESA;

c. decides the application of Canterbury Technical Institute Pty Ltd for the purposes of paragraph 11(1)(a) of Schedule 1A to HESA; and

d. gives Canterbury Technical Institute 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 FEEHELP 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 HESA, 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.

 

Conditions

The Minister has the power under Clause 12A of Schedule 1A to HESA, to impose or vary conditions on a body’s approval as a VET provider. Conditions imposed under that provision are set out in the Notice of Approval for Canterbury Technical Institute Pty Ltd’s approval as a VET provider.

Canterbury Technical Institute Pty Ltd is required to comply with the conditions from the date of commencement of the approval as a VET provider for the period stipulated for each condition in the Notice of Approval for Canterbury Technical Institute Pty Ltd’s approval as a VET provider.

In accordance with subclauses 33(1) and 36(1) of Schedule 1A to HESA, the Minister may suspend or revoke Canterbury Technical Institute Pty Ltd’s approval as a VET provider if Canterbury Technical Institute Pty Ltd breaches any of the conditions imposed on Canterbury Technical Institute Pty Ltd’s approval as a VET provider.

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 Canterbury Technical Institute 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 Canterbury Technical Institute 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 HESA. The purpose of the Instrument is to approve Canterbury Technical Institute Pty Ltd as a VET provider for the purposes of the VET FEEHELP Assistance Scheme under HESA. 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 HESA.

 

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 Canterbury Technical Institute Pty Ltd by approving it as a VET provider for the purposes of the VET FEE-HELP Assistance Scheme under HESA, enabling it to offer VET FEEHELP assistance to its eligible students.

 

The objective of the Instrument is to approve Canterbury Technical Institute Pty Ltd as a VET provider under HESA and thereby enable eligible students of Canterbury Technical Institute Pty Ltd to access VET FEEHELP 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 Canterbury Technical Institute 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 VET Provider Approval No. 9 of 2015 was issued under the authority of the Minister for Education and Training, pursuant to the Higher Education Support Act 2003 (HESA). This legislative instrument aims to approve the Canterbury Technical Institute Pty Ltd as a VET provider, thereby enabling it to offer VET FEE-HELP assistance to its eligible students. The approval process and subsequent conditions are in accordance with the provisions of Schedule 1A of HESA, ensuring that the provider meets the necessary requirements to participate in the VET FEE-HELP Assistance Scheme. The policy objective of this approval is to extend financial assistance to eligible students in the vocational education and training sector, promoting access to education and supporting the right to education as recognised in international human rights instruments. The legislative instrument is crafted to comply with the requirements of HESA, particularly under subclause 6(1) for approval, subclause 12A for imposing conditions, and paragraph 11(1) for the notification of the decision. The Minister has exercised the delegation of powers to an APS employee for administering these provisions. The approval and accompanying conditions are designed to ensure that Canterbury Technical Institute Pty Ltd adheres to the standards necessary for providing vocational education and training, thereby facilitating the provision of VET FEE-HELP assistance to its students.

Scope and Application

This legislation, F2015L00536, pertains to the approval and conditions associated with the Canterbury Technical Institute Pty Ltd as a VET provider under the Higher Education Support Act 2003 (HESA). The Act applies specifically to Canterbury Technical Institute Pty Ltd, a corporate body that is also a Registered Training Organisation (RTO), allowing it to apply for and receive approval to offer vocational education and training (VET) FEE-HELP assistance to eligible students. The approval process involves the Minister for Education and Training, who has the authority to impose conditions on the approval under subclause 12A(1) of Schedule 1A to HESA, and is mandated to notify the applicant in writing of the approval decision under paragraph 11(1) of Schedule 1A to HESA. The approval and conditions are intended to ensure that the VET provider meets the necessary standards to participate in the VET FEE-HELP Assistance Scheme, which assists eligible students with their VET tuition fees for courses such as diplomas, advanced diplomas, graduate certificates, and graduate diplomas. The approval and its conditions are enforceable and can be suspended or revoked if the provider breaches any stipulated terms. The scope of this legislation is national, operating under the Commonwealth jurisdiction, and it applies to the specific entity of Canterbury Technical Institute Pty Ltd. The legislation does not explicitly mention any exclusions, exemptions, or thresholds, but it does imply that other RTOs must separately apply for and meet the criteria to become approved VET providers under HESA. Furthermore, the Act's application may extend or be restricted through subordinate instruments, although no such instruments are detailed in the provided explanatory statement. This legislative instrument is designed to facilitate the engagement of Canterbury Technical Institute Pty Ltd in the VET FEE-HELP Assistance Scheme, thereby promoting access to vocational education and training for eligible students.

Key Provisions

The key provisions of the legislation concern the approval and conditions of approval for Canterbury Technical Institute Pty Ltd as a VET provider under the Higher Education Support Act 2003 (HESA). Specifically, subclause 6(1) of Schedule 1A to HESA allows for the approval of bodies as VET providers by the Minister, and subclause 12A(1) allows the Minister to impose conditions on such approval (6(1), 12A(1)). Furthermore, the Minister must decide on an application for approval and notify the applicant in writing of the decision (11(1)(a), (b)). These powers have been delegated to an APS employee responsible for administering HESA (238-5). The approval process includes notifying the applicant of the decision in writing, which constitutes a legislative instrument (11(1)(b), 12(1)). The obligations imposed by this Act on Canterbury Technical Institute Pty Ltd include complying with the conditions set by the Minister as part of the approval process (12A(1)). These conditions are specified in the Notice of Approval and must be adhered to from the date of commencement. The Minister has the authority to suspend or revoke the approval if any conditions are breached (33(1), 36(1)). This requires the Institute to maintain compliance with all stipulated conditions to retain its status as a VET provider. The legislation also outlines consequences for non-compliance. If Canterbury Technical Institute Pty Ltd breaches any of the imposed conditions, the Minister can suspend or revoke its approval as a VET provider (33(1), 36(1)). Although specific penalties are not detailed in the provided text, the potential for suspension or revocation serves as a significant deterrent. The approval and its conditions are legally binding, and failure to adhere to them can lead to the loss of the provider's eligibility to offer VET FEE-HELP assistance, thereby impacting the Institute's operations and the students it serves.

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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.