Higher Education Support Amendment (VET FEE-HELP Assistance) Act 2008

Administered by Department of Employment and Workplace Relations

Legislation au C2008A00011 In force Act

Legislation content

 

 

 

 

 

 

Higher Education Support Amendment (VET FEEHELP Assistance) Act 2008

 

No. 11, 2008

 

 

 

 

 

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—Amendments

Higher Education Support Act 2003

 

 

 

Higher Education Support Amendment (VET FEE-HELP Assistance) Act 2008

No. 11, 2008

 

 

 

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

[Assented to 20 March 2008]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Higher Education Support Amendment (VET FEEHELP Assistance) Act 2008.

2  Commencement

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

 

Higher Education Support Act 2003

1  At the end of clause 6 of Schedule 1A

Add:

 ; and (g) the body complies with any requirements set out in the *VET Provider Guidelines relating to *VET credit transfer arrangements.

2  After clause 27 of Schedule 1A

Insert:

27A  Requirements in the VET Provider Guidelines

  A *VET provider must comply with any requirements set out in the *VET Provider Guidelines relating to:

 (a) fees for *VET units of study; or

 (b) fees for *VET courses of study; or

 (c) matters or things for which fees may be charged.

3  Subclause 28(1) of Schedule 1A

After “provide”, insert “, other than under *VET restricted access arrangements,”.

Note: The following heading to subclause 28(1) is inserted “General rule”.

4  After subclause 28(2) of Schedule 1A

Insert:

Restricted access arrangements

 (2A) A *VET provider must give the Minister a schedule of the *VET tuition fees determined under clause 27 for each *VET unit of study it provides or proposes to provide under a *VET restricted access arrangement during a period ascertained in accordance with the *VET Provider Guidelines. It must give the schedule:

 (a) in a form approved by the Minister; and

 (b) in accordance with the requirements that the Minister determines in writing.

 (2B) The provider must:

 (a) ensure that the schedule provides sufficient information to enable a person to work out the person’s *VET tuition fee for the *VET unit of study the provider provides or is to provide under the *VET restricted access arrangement; and

 (b) ensure that the schedule is available, on request and without charge, to all students enrolled, or eligible to be enrolled, under the VET restricted access arrangement.

5  Subparagraph 28(3)(a)(i) of Schedule 1A

After “(1)”, insert “or (2A)”.

6  Subclause 28(4) of Schedule 1A

Omit “and (2)”, substitute “to (2B)”.

7  At the end of clause 43 of Schedule 1A

Add:

 ; and (i) the student meets any other requirements set out in the *VET FEEHELP Guidelines.

8  Subclause 45(1) of Schedule 1A

Repeal the subclause, substitute:

 (1) The course requirements for *VET FEEHELP assistance for a *VET unit of study are that the unit:

 (a) is being undertaken as part of a *VET course of study that meets any requirements set out in the *VET FEEHELP Guidelines relating to *VET credit transfer arrangements; and

 (b) is not being undertaken as part of a VET course of study that:

 (i) is subject to a determination under subclause (2); or

 (ii) is with a *VET provider that is subject to a determination under subclause (2).

9  Clause 1 of Schedule 1

Insert:

VET credit transfer arrangement means an arrangement for crediting a *VET unit of study or *VET course of study toward a *higher education award.

10  Clause 1 of Schedule 1

Insert:

VET restricted access arrangement, for a *VET course of study, means an arrangement:

 (a) that was entered into between the *VET provider providing the course and an employer or industry body; and

 (b) that limits or restricts enrolments in some or all of the places in the course.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 14 February 2008

Senate on 11 March 2008]

(7/08)

 

Overview

The Higher Education Support Amendment (VET FEE-HELP Assistance) Act 2008 was enacted by the Parliament of Australia to amend the Higher Education Support Act 2003, addressing gaps in the vocational education and training (VET) sector’s interaction with the FEE-HELP program. This Act introduces provisions aimed at enhancing the framework for VET FEE-HELP assistance, ensuring that VET providers adhere to specific guidelines and requirements when offering courses and units of study. The overarching policy objective is to provide clearer, more structured support for students enrolled in VET courses through the FEE-HELP scheme, thereby facilitating access to vocational education and training. The Act outlines amendments that mandate VET providers to comply with certain guidelines related to fees, credit transfer arrangements, and restricted access arrangements. By introducing these stipulations, the legislation seeks to safeguard the interests of students and ensure that VET providers operate within a regulated framework, ultimately contributing to the effective administration and integrity of the VET FEE-HELP program.

Scope and Application

The Higher Education Support Amendment (VET FEE-HELP Assistance) Act 2008 amends the Higher Education Support Act 2003, focusing on vocational education and training (VET) providers, their students, and the associated financial assistance frameworks. This Act applies to VET providers and students involved in VET courses that are eligible for FEE-HELP assistance, thereby impacting the vocational education sector. The geographic reach of this Act is national, applying throughout Australia. The Act introduces specific requirements for VET providers, such as compliance with VET Provider Guidelines concerning fees for VET units of study and courses, and mandates the provision of detailed tuition fee schedules for courses under VET restricted access arrangements. Additionally, the Act outlines the criteria for VET FEE-HELP assistance, ensuring that courses meet specified guidelines, particularly in relation to credit transfer arrangements. The Act also includes provisions for the repeal and substitution of certain clauses to align with the new requirements for VET FEE-HELP assistance.

Key Provisions

The Higher Education Support Amendment (VET FEE-HELP Assistance) Act 2008 primarily amends the Higher Education Support Act 2003, introducing specific provisions regarding VET FEE-HELP assistance and VET provider guidelines. Section 1 of Schedule 1 adds a new requirement for VET providers to comply with the VET Provider Guidelines in relation to VET credit transfer arrangements (Schedule 1, item 1). This means VET providers must adhere to the guidelines when dealing with credit transfers for VET units or courses towards higher education awards. Section 2 of Schedule 1 introduces a new clause (27A) that mandates VET providers to comply with any requirements in the VET Provider Guidelines relating to fees for VET units or courses of study, and other matters for which fees may be charged (Schedule 1, item 2). In terms of obligations, VET providers are required to submit a schedule of VET tuition fees for each VET unit of study under a VET restricted access arrangement to the Minister (Schedule 1, item 4). This schedule must be in an approved form and in accordance with any requirements determined by the Minister. Additionally, the provider must ensure that the schedule is sufficiently informative for students to calculate their tuition fees and that it is made available to all students enrolled or eligible to be enrolled under the arrangement (Schedule 1, item 4). The VET provider must also ensure that the schedule is accessible to all relevant students, on request and without charge (Schedule 1, item 4(2B)). Breaches of the provisions under this Act can lead to significant penalties. While the Act does not explicitly state the penalties for non-compliance, the overarching Higher Education Support Act 2003 provides for penalties for breaches of its provisions. Non-compliance could result in financial penalties, enforcement actions, or other legal consequences as determined by the relevant authorities. The specific penalties would depend on the nature and severity of the breach, as well as any additional guidelines or regulations issued under the Higher Education Support Act 2003.

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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.