Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009

Administered by Department of Employment and Workplace Relations

Legislation au C2009A00039 In force Act

Legislation content

 

 

 

 

 

 

Higher Education Support Amendment (VET FEE‑HELP and Providers) Act 2009

 

No. 39, 2009

 

 

 

 

 

An Act to amend the Higher Education Support Act 2003, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—VET FEE‑HELP

Higher Education Support Act 2003

Schedule 2—Date of effect of approval of providers

Higher Education Support Act 2003

 

 

 

Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009

No. 39, 2009

 

 

 

An Act to amend the Higher Education Support Act 2003, and for related purposes

[Assented to 23 June 2009]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Higher Education Support Amendment (VET FEE‑HELP and Providers) Act 2009.

2  Commencement

  This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—VET FEE‑HELP

 

Higher Education Support Act 2003

1  After paragraph 6(d) of Schedule 1A

Insert:

 (da) the body offers at least one *VET course of study; and

2  Application

Paragraph 6(da) of Schedule 1A to the Higher Education Support Act 2003 applies to decisions about approvals relating to applications made after the commencement of that paragraph.

3  After clause 30 of Schedule 1A

Insert:

30A  Revocation of approval if body’s links to Australia are broken

  The Minister may revoke a body’s approval as a *VET provider if:

 (a) the body ceases to be one described in paragraph 6(a); and

 (b) the Minister complies with the requirements of clause 34.

4  Application

Clause 30A of Schedule 1A to the Higher Education Support Act 2003 applies to an approval granted before, on or after the commencement of that clause.

5  After clause 32 of Schedule 1A

Insert:

32A  Revocation of approval if body ceases to offer VET courses of study

  The Minister may revoke a body’s approval as a *VET provider if:

 (a) the body no longer offers any *VET courses of study; and

 (b) the Minister complies with the requirements of clause 34.

6  Application

Clause 32A of Schedule 1A to the Higher Education Support Act 2003 applies to an approval granted as a result of an application made after the commencement of that clause.

7  At the end of clause 43 of Schedule 1A

Add:

Note: Clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study.

8  At the end of subclause 45(1) of Schedule 1A

Add:

Note: For the purposes of paragraph (1)(a), clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study.

9  At the end of Subdivision 7‑A of Schedule 1A

Add:

45A  VET unit of study not undertaken as part of VET course of study

  For the purposes of paragraphs 43(e) and 45(1)(a), a student is taken not to undertake a *VET unit of study as part of a *VET course of study if undertaking the unit involves the student doing more than he or she needs to do to be awarded whichever of the following the course leads to:

 (a) a *VET diploma;

 (b) a *VET advanced diploma;

 (c) a *VET graduate diploma;

 (d) a *VET graduate certificate.


Schedule 2—Date of effect of approval of providers

 

Higher Education Support Act 2003

1  At the end of subsection 16‑5(3)

Add “or the notice of the provider’s approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”.

2  Subsection 16‑55(2)

Repeal the subsection, substitute:

 (2) A decision of the Minister to approve a body corporate as a higher education provider takes effect when the notice of approval takes effect under the Legislative Instruments Act 2003.

Note: Section 12 of the Legislative Instruments Act 2003 provides for when a legislative instrument takes effect.

3  At the end of section 22‑1

Add:

 ; or (c) if the notice of the provider’s approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003.

4  At the end of Division 22

Add:

Subdivision 22‑E—Notice of approval ceasing to have effect under the Legislative Instruments Act 2003

22‑45  Notice of approval ceasing to have effect under the Legislative Instruments Act 2003

 (1) This section applies if:

 (a) a decision of the Minister to approve a body corporate as a higher education provider has taken effect; and

 (b) the body ceases to be approved as a higher education provider because the notice of the approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003.

 (2) The fact that the body ceases to be approved as a higher education provider does not:

 (a) affect:

 (i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

 (ii) anything duly done or suffered in relation to the body before the cessation; or

 (b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

 (c) affect any penalty, forfeiture or punishment incurred in respect of the body having been a higher education provider; or

 (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a higher education provider.

5  At the end of subclause 5(2) of Schedule 1A

Add “or the notice of the provider’s approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003”.

6  Subclause 12(2) of Schedule 1A

Repeal the subclause, substitute:

 (2) A decision of the Minister to approve a body corporate as a *VET provider takes effect when the notice of approval takes effect under the Legislative Instruments Act 2003.

Note: Section 12 of the Legislative Instruments Act 2003 provides for when a legislative instrument takes effect.

7  At the end of clause 29 of Schedule 1A

Add:

 ; or (c) if the notice of the provider’s approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003.

8  At the end of Division 5 of Schedule 1A

Add:

Subdivision 5‑E—Notice of approval ceasing to have effect under the Legislative Instruments Act 2003

39A  Notice of approval ceasing to have effect under the Legislative Instruments Act 2003

 (1) This clause applies if:

 (a) a decision of the Minister to approve a body corporate as a *VET provider has taken effect; and

 (b) the body ceases to be approved as a VET provider because the notice of the approval ceases to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003.

 (2) The fact that the body ceases to be approved as a *VET provider does not:

 (a) affect:

 (i) the operation of this Act, or any instrument made under this Act, in relation to the body before the cessation; or

 (ii) anything duly done or suffered in relation to the body before the cessation; or

 (b) affect any right, privilege, obligation or liability acquired, accrued or incurred before the cessation; or

 (c) affect any penalty, forfeiture or punishment incurred in respect of the body having been a VET provider; or

 (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the body had not ceased to be approved as a VET provider.

9  Application and transitional provisions

(1) The amendments made by this Schedule apply in relation to the following decisions to approve bodies corporate as higher education providers or VET providers:

 (a) decisions that were made on or after the commencement of this Schedule;

 (b) decisions that were made before the commencement of this Schedule, except:

 (i) decisions that took effect before that commencement; and

 (ii) decisions, notices of which ceased to have effect under Part 5 (Parliamentary scrutiny of legislative instruments) of the Legislative Instruments Act 2003 before that commencement.

(2) However, a decision to approve a body corporate as a higher education provider or VET provider takes effect on the commencement of this Schedule if:

 (a) notice of the approval was registered under the Legislative Instruments Act 2003 before that commencement; and

 (b) apart from this subitem, the decision would have taken effect before that commencement because of the amendments made by this Schedule applying as described in subitem (1).

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 18 March 2009

Senate on 15 June 2009]

(41/09)

 

Overview

The Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009 was enacted by the Parliament of Australia to amend the Higher Education Support Act 2003, particularly in relation to the VET FEE-HELP program and the approval of vocational education and training (VET) providers. This legislation was introduced to address the need for more rigorous criteria and processes for approving VET providers, ensuring that they meet certain standards and offer recognised courses of study. The policy objective is to enhance the quality and integrity of the VET sector by establishing clearer guidelines for provider approvals and the revocation of such approvals under specific conditions, such as the cessation of course offerings or the provider's links to Australia being broken. The Act came into force following Royal Assent and includes provisions that refine the approval process for VET providers, ensuring that only those who meet the requisite criteria and offer recognised VET courses can participate in the VET FEE-HELP program. By amending the Higher Education Support Act 2003, the legislation seeks to strengthen the framework governing VET providers, thereby supporting the broader goals of the Australian higher education system.

Scope and Application

The Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009 amends the Higher Education Support Act 2003, primarily focusing on the regulation of vocational education and training (VET) providers and the VET FEE-HELP scheme. This Act applies to entities seeking approval as VET providers and to students participating in VET courses of study within the Commonwealth of Australia. It introduces criteria for approving VET providers, including the requirement that the entity must offer at least one VET course of study. The Act also allows for the revocation of approval for VET providers who no longer meet the eligibility criteria or cease to offer VET courses of study. Furthermore, it specifies that VET units of study undertaken as part of a VET course of study must align with the requirements for attaining specific qualifications such as VET diplomas or certificates. The Act's provisions apply to decisions about approvals made after its commencement and extends to approvals granted before its commencement if certain conditions are met. Notably, the Act does not specify any exclusions or exemptions and extends its application through subordinate instruments as required by the Legislative Instruments Act 2003.

Key Provisions

The Higher Education Support Amendment (VET FEE-HELP and Providers) Act 2009 introduces several key provisions that amend the Higher Education Support Act 2003. These amendments primarily pertain to the VET FEE-HELP program and the approval of vocational education and training (VET) providers. The new provisions, introduced through Schedule 1, require that a body must offer at least one VET course of study to be approved under the VET FEE-HELP program (Schedule 1, item 1). Furthermore, the Minister is granted the authority to revoke a body's approval if the body ceases to meet the criteria for approval or if it stops offering VET courses of study (Schedule 1, items 3 and 32A). Additionally, the Act includes provisions to address the scenario where a VET unit of study is undertaken but is not part of a VET course of study, specifying conditions under which a student is not considered to undertake the unit as part of a course (Schedule 1, items 7 and 8). The Act imposes obligations on entities seeking approval as VET providers, ensuring they meet the criteria of offering VET courses of study and maintaining the necessary links to Australia. Entities must also adhere to the conditions set forth for revocation of approval, which includes ceasing to meet the approval criteria or discontinuing the provision of VET courses. Furthermore, the Act mandates that any decision regarding the approval of a body corporate as a VET provider takes effect when the notice of approval takes effect under the Legislative Instruments Act 2003 (Schedule 2, item 2). The Act outlines consequences for non-compliance with its provisions. While specific offences and penalties are not detailed in the provided text, the Act's amendments imply that failure to comply with the conditions for approval or revocation could result in legal repercussions. The Act ensures that the cessation of approval does not affect rights, privileges, obligations, or liabilities acquired before the cessation, and it allows for ongoing investigations, legal proceedings, and enforcement of penalties as if the body had not ceased to be approved (Schedule 2, Subdivision 22-E and Subdivision 5-E).

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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.