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Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme

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Note:

See section 6-1 .

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PART 1 - VET providers

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Division 3 - What is a VET provider?

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Subdivision 3-B - How are bodies approved as VET providers?

SECTION 6 Approval by the Minister

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6(1)

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The Minister, in writing, may approve a body as a *VET provider if:

(aa) the body is a body corporate that is not the trustee of a trust; and

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(a) the body:

(i) is established under the law of the Commonwealth, a State or a Territory; and

(ii) carries on business in Australia; and

(iii) has its central management and control in Australia; and

(b) subject to subclause (2), providing education is, or is taken to be, the body ' s principal purpose; and

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(c) the body is a *registered training organisation, as listed on the *National Register, that has been a registered training organisation since at least 1 January 2011; and

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(ca) the body has been offering:

(i) at least one *qualifying VET course continuously since at least 1 January 2011; or

(ii) one or more series of qualifying VET courses since at least 1 January 2011, with each course in a series superseding the other without interruption; and

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(d) the body either fulfils the *VET tuition assurance requirements or is exempted from those requirements under clause 8 ; and

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

(e) the body applies for approval as provided for in clause 9 ; and

(f) the Minister is satisfied that the body is willing and able to meet the *VET quality and accountability requirements; and

(g) the body complies with any requirements set out in the VET Guidelines; and

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(h) the Minister is satisfied that:

(i) the body; and

(ii) each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body ' s affairs;

is a fit and proper person.

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History

Pt 1 cl 6(1) amended by No 168 of 2015, s 3 and Sch 1 items 2 - 4, by inserting " that is not the trustee of a trust " in para (aa), substituting para (c) and (ca) for para (c), and " VET Guidelines " for " *VET Guidelines " in para (g), applicable in relation to decisions whether to approve bodies as VET providers made on or after 1 January 2016. Para (c) formerly read:

(c) the body is a *registered training organisation as listed on the *National Register; and

Pt 1 cl 6(1) amended by No 160 of 2012, s 3 and Sch 3 item 5, by omitting " Provider " after " *VET " in para (g), applicable: (a) for the purposes of making a decision on an application for approval as a VET provider under clause 6 of Schedule 1A to the Higher Education Support Act 2003 - in relation to applications for approval made on or after 1 January 2013; and (b) in any other case - in relation to a VET provider approved before, on or after 1 January 2013.

Pt 1 cl 6(1) amended by No 160 of 2012, s 3 and Sch 1 items 2 and 3, by omitting " corporate " after " body " and inserting para (aa), applicable in relation to applications for approval as a VET provider made on or after 1 January 2013.

Pt cl 6(1) amended by No 136 of 2012, s 3 and Sch 1 item 65, by substituting " subclause (2) " for " subsection (2) " in para (b), effective 22 September 2012.

Pt 1 cl 6(1) amended by No 72 of 2011, s 3 and Sch 1 item 21, by inserting para (h), applicable in relation to an application for approval made on or after 30 June 2011.

Pt 1 cl 6(1) amended by No 72 of 2011, s 3 and Sch 1 items 19 and 20, by inserting " (1) " before " The Minister " and substituting para (b), applicable in relation to an application for approval made before, on or after 30 June 2011. Para (b) formerly read:

(b) the body ' s principal purpose is to provide education; and

Pt 1 cl 6 amended by No 14 of 2011, s 3 and Sch 1 item 34, by substituting para (c), effective 1 July 2011. Para (c) formerly read:

(c) the body is a registered training organisation as listed on *NTIS; and

Pt 1 cl 6 amended by No 6 of 2010, s 3 and Sch 1 item 2, by substituting " fulfils the *VET tuition assurance requirements " for " fulfilled the *VET tuition assurance requirements on the date of making an application under clause 9 " , effective 19 February 2010.

Pt 1 cl 6 amended by No 121 of 2009, s 3 and Sch 1 item 3, by omitting " relating to *VET credit transfer arrangements " after " *VET Provider Guidelines " in para (g), applicable in relation to decisions made on or after 7 December 2009 on applications for approval as a VET provider, whether the applications were made before, on or after that commencement.

Pt 1 cl 6 amended by No 39 of 2009, s 3 and Sch 1 item 1, by inserting para (da), applicable to decisions about approvals relating to applications made after 24 June 2009.

Pt 1 cl 6 amended by No 11 of 2008, s 3 and Sch 1 item 1, by inserting para (g) at the end, effective 20 March 2008.

6(1A)

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The Minister, in writing, may also approve a body as a *VET provider if:

(a) the body is of a kind specified in the *VET Guidelines; and

(b) the body:

(i) is established under the law of the Commonwealth, a State or a Territory; and

(ii) carries on business in Australia; and

(iii) has its central management and control in Australia; and

(c) subject to subclause (2), providing education is, or is taken to be, the body ' s principal purpose; and

(d) the body is a *registered training organisation as listed on the *National Register; and

(da) the body has been offering:

(i) at least one *qualifying VET course continuously since at least 1 January 2011; or

(ii) one or more series of qualifying VET courses since at least 1 January 2011, with each course in a series superseding the other without interruption; and

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(e) the body either fulfils the *VET tuition assurance requirements or is exempted from those requirements under clause 8; and

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

(g) the body applies for approval as provided for in clause 9; and

(h) the Minister is satisfied that the body is willing and able to meet the *VET quality and accountability requirements; and

(i) the body complies with any requirements set out in the VET Guidelines.

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History

Pt 1 cl 6(1A) amended by No 168 of 2015, s 3 and Sch 1 item 4A, by inserting para (da), applicable in relation to decisions whether to approve bodies as VET providers made on or after 1 January 2016.

Pt 1 cl 6(1A) inserted by No 160 of 2012, s 3 and Sch 1 item 4, applicable in relation to applications for approval as a VET provider made on or after 1 January 2013. No 160 of 2012, s 3 and Sch 1 items 23 and 24 contain the following application provisions:

23 Specified kind of provider must be approved under subclause 6(1A) of Schedule 1A
23
If a body corporate:

(a) applied for approval as a VET provider before the commencement of this item; and

(b) at the time of making the decision on the application, is of a kind specified in the VET Guidelines for the purposes of paragraph 6(1A)(a) of Schedule 1A to the Higher Education Support Act 2003 (as inserted);
then the Minister may approve the body under subclause 6(1A) of Schedule 1A to that Act and must not approve the body under subclause 6(1) of Schedule 1A to that Act.
24 Specified kind of provider taken to be approved under subclause 6(1A) of Schedule 1A
24
If a body corporate was:

(a) immediately before the commencement of this item, a VET provider; and

(b) immediately after the commencement of this item, a body of a kind specified in the VET Guidelines for the purposes of paragraph 6(1A)(a) of Schedule 1A to the Higher Education Support Act 2003 (as inserted);
then the body is to be treated (and may be dealt with) as if it had been approved under subclause 6(1A) of Schedule 1A to that Act.

6(2)

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For the purpose of paragraph (1)(b) or (1A)(c), the Minister may determine that providing education is taken to be a body ' s principal purpose if the Minister is satisfied that any of the body ' s purposes do not conflict with the body ' s purpose of providing education.

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6(2A)

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For the purposes of (but without limiting) paragraph (1)(g) or (1A)(i), the requirements set out in the *VET Guidelines can include requirements relating to a body ' s capacity to satisfactorily and sustainably provide *VET courses of study.

Note:

These requirements could, for example, relate to the stability of the body ' s ownership and management, its experience, its business relationships with particular kinds of educational institutions and its record in providing quality student outcomes.

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6(3)

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The Minister must, in deciding whether he or she is satisfied that a person is a fit and proper person, take into account the matters specified in an instrument under subclause (4). The Minister may take into account any other matters he or she considers relevant.

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6(4)

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The Minister must, by legislative instrument, specify matters for the purposes of subclause (3).

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6(5)
The Minister must not approve a body as a *VET provider after 4 October 2016.

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