Explanatory Memorandum
(Circulated by authority of the Minister for Education, the Honourable Julia Gillard MP)Schedule 1 - VET FEE-HELP
Higher Education Support Act 2003
Item 1 - After paragraph 6(d) of Schedule 1A
Inserts new paragraph 6(da) into clause 6. Clause 6 sets out the requirements to be satisfied before the Minister may approve a body corporate as a VET provider. Proposed paragraph 6(da) is a new requirement that a body corporate must offer at least one VET course of study before the Minister may approve that body corporate as a VET provider.
Clause 1 of Schedule 1 of the Act defines VET course of study to mean a structured and integrated program of vocational education or vocational training, usually consisting of a number of modules (units of study) or shorter programs, and leading to the award of a VET diploma, a VET advanced diploma, a VET graduate diploma or a VET graduate certificate.
New paragraph 6(da) mirrors paragraph 16-25(da) of the Act, which is a condition that applies to the approval by the Minister of a body corporate as a higher education provider.
Item 2 - Application
Item 2 is an application provision relating to Item 1 which provides that paragraph 6(da) of Schedule 1A will apply to decisions about approvals of bodies corporate whose applications are made after the commencement of that paragraph.
Item 3 - After clause 30 of Schedule 1A
Inserts new clause 30A after clause 30 of Schedule 1A. Proposed clause 30A provides that the Minister may revoke a body's approval as a VET provider if the body ceases to satisfy the requirements of paragraph 6(a) and the Minister has complied with the requirements of clause 34.
Paragraph 6(a) provides that, as a requirement of approval as a VET provider, the body corporate must:
- (i)
- be established under the law of the Commonwealth, a State or a Territory; and
- (ii)
- carry on business in Australia; and
- (iii)
- have its central management and control in Australia.
Clause 34 sets out the requirements to be satisfied by the Minister before a body's approval as a VET provider may be revoked. Before revoking a body's approval the Minister must give the body notice in writing:
- (a)
- stating that the Minister is considering revoking the body's approval; and
- (b)
- stating the reasons why the Minister is considering revoking the body's approval; and
- (c)
- inviting the body to make written submissions to the Minister within 28 days concerning why the approval should not be revoked.
Item 4 - Application
Item 4 is an application provision relating to Item 3 which provides that clause 30A of Schedule 1A will apply to approvals granted before, on or after the commencement of that clause.
Item 5 - After clause 32 of Schedule 1A
Inserts new clause 32A after clause 32 of Schedule 1A. Proposed clause 32A provides that the Minister may revoke a body's approval as a VET provider if the body ceases to offer VET courses of study, and the Minister has complied with the requirements of clause 34 (process for revoking approval as a provider for loss of status or a breach).
Item 6 - Application
Item 6 is an application provision relating to Item 5 which provides that clause 32A of Schedule 1A will apply to approvals granted as a result of an application made after the commencement of that clause.
Item 7 - At the end of clause 43 of Schedule 1A
Item 7 inserts a note at the end of clause 43 of Schedule 1A relating to Item 9. This note states that Clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study.
Item 8 - At the end of subclause 45(1) of Schedule 1A
Item 8 inserts a note at the end of subclause 45(1) of Schedule 1A relating to Item 9. This note states that clause 45A affects whether a person undertakes a VET unit of study as part of a VET course of study for the purposes of paragraph 45(1)(a).
Item 9 - At the end of Subdivision 7-A of Schedule 1A
Inserts new clause 45A at the end of Subdivision 7-A of Schedule 1A. Proposed clause 45A disentitles a student to VET FEE-HELP assistance, in respect of a VET unit of study undertaken 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 any of the following:
- (a)
- a *VET diploma;
- (b)
- a *VET advanced diploma;
- (c)
- a *VET graduate diploma;
- (d)
- a *VET graduate certificate.