House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Minister for Education and Training, Senator the Hon Simon Birmingham)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Vet Student Loans (Consequential Amendments and Transitional Provisions) Bill 2016

This Bill 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 Bill

The purpose of the VET Student Loans (Consequential Amendments and Transitional Provisions) Bill 2016 (the Consequential and Transitional Bill) is to amend the Higher Education Support Act 2003 (the HESA) and other Commonwealth laws, and provide for transitional arrangements, consequential on the enactment of the VET Student Loans Act 2016.

The Consequential and Transitional Bill forms part of the Australian Government's reform of the student loan arrangements for vocational education and training (VET) courses, the full policy context and background for which is set out in the Explanatory Memorandum to the VET Student Loans Bill 2016 (the VET Student Loans Bill). The purpose of the VET Student Loans Bill is to effectively replace the VET FEE-HELP loan scheme from 1 January 2017 and introduce a vastly improved student loans program for vocational education and training courses. The Consequential and Transitional Bill forms part of the package of legislation to give effect to the changes.

The Consequential and Transitional Bill provides for:

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continued access to existing VET FEE-HELP students through 2017 provided they were enrolled with existing VET FEE-HELP providers in a course before 1 January 2017, in receipt of VET FEE-HELP for that course and are actively training;

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continued access to existing VET FEE-HELP providers approved for VET FEE-HELP before 4 October 2016 for those continuing students;

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the closing of VET FEE-HELP to new providers from 4 October 2016 and to new students from 1 January 2017.

Human Rights Implications

The Bill in isolation does not engage any of the applicable rights or freedoms. It contains consequential and transition provisions necessary to give effect to the Government's reforms to the VET student loan arrangements. The principal reforms are set out in the VET Student Loans Bill 2016. A Statement of Compatibility with Human Rights in relation to the reforms is attached to the Explanatory Memorandum for that Bill.

Conclusion

This Bill is compatible with human rights because it does not, in itself, raise any human rights issues.