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2008-2009
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
HIGHER EDUCATION SUPPORT AMENDMENT Bill 2009
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Education the Honourable Julia
Gillard MP)
HIGHER EDUCATION SUPPORT AMENDMENT BILL 2009
OUTLINE
This Bill makes minor amendments to provide for administrative efficiencies
in the operation of the FEE-HELP and VET FEE-HELP Assistance Schemes under
the Higher Education Support Act 2003.
FEE-HELP and VET FEE-HELP assistance is available to full fee-paying
students studying in higher level education or training, and provides a
loan for all or part of a student's tuition costs. This assistance is aimed
at encouraging students to take up higher level skill qualifications by
reducing the financial barriers associated with study.
This Bill makes amendments to streamline the application and assessment
process for higher education and training organisations applying for
approval to offer FEE-HELP and VET FEE-HELP assistance to students. The
amendments will provide for administrative efficiencies resulting in faster
approvals of higher education and VET providers, therefore giving students
access to financial assistance sooner.
Specifically, the Bill amends the tuition assurance provisions in the Act,
to remove the administrative requirement for higher education and training
organisations to have tuition assurance arrangements in place at the date
of their application for approval to offer FEE-HELP or VET FEE-HELP
assistance to students. In addition, the bill provides for amendments to
allow recommendations from approved national or state-based agencies to be
used as part of the assessment and approval of training organisations to
deliver VET FEE-HELP assistance. This will help to eliminate duplication
between Commonwealth and State and Territory agencies, and reduce the cost
and time taken to assess a training organisation's application.
FINANCIAL IMPACT
There is no financial impact associated with this bill.
HIGHER EDUCATION SUPPORT AMENDMENT BILL 2009
NOTES ON CLAUSES
Clause 1 - Short title
Provides for the Act to be cited as the Higher Education Support Amendment
Act 2009.
Clause 2 - Commencement
Provides that the Act commences on the day on which it receives Royal
Assent.
Clause 3 - Schedule(s)
Provides that each Act that is specified in a Schedule is amended or
repealed as set out in the applicable items in the Schedule and that any
other item in a Schedule has effect according to its terms.
Schedule 1-Amendments
Higher Education Support Act 2003
Item 1 - Paragraph 16-25(c)
Omits "fulfilled the *tuition assurance requirements on the date of making
an application under section 16-40" and substitutes "fulfils the *tuition
assurance requirements."
The current requirement contained in paragraph 16-25(c) provides that the
Minister may approve a body corporate as a higher education provider if the
body either fulfilled the tuition assurance requirement on the date of
making an application under section 16-40 or is exempted from having to
satisfy this requirement. In its current form, the legislation allows a
body corporate to satisfy the requirement in paragraph 16-25(c) where the
body corporate satisfies the tuition assurance requirements at the time of
their application but not at the time the Minister makes a decision. This
amendment will ensure that the body corporate has until the time
immediately prior to the time the Minister makes a decision, to fulfil the
tuition assurance requirements.
Item 2 - Paragraph 6(d) of Schedule 1A
Omits "fulfilled the *tuition assurance requirements on the date of making
an application under section clause 9" and substitutes "fulfils the
*tuition assurance requirements."
Paragraph 6(d) provides that a Minister may approve a body corporate as a
VET provider where the body corporate either fulfilled the VET tuition
assurance requirements on the date of making an application under clause 9
or is exempted from those requirements under clause 8. In its current form,
the legislation allows a body corporate to satisfy paragraph 6(d) where the
body corporate meets the VET tuition assurance requirements at the time of
application but not at the time the Minister makes the decision. This
amendment will ensure that the body corporate has until the time
immediately prior to the time the Minister makes a decision, to fulfil the
tuition assurance requirements.
Item 3 - Subsection 11(2) of Schedule 1A
Repeals and substitutes subclause 2 and inserts subclause (2A) into
Schedule 1A.
Before the Minister can approve a body corporate as a VET provider, the
Minister must be satisfied, in accordance with paragraph 6(f), that the
body is willing and able to meet the VET quality and accountability
requirements.
New subsection 11(2) provides, for the purposes of paragraph 6(f), two
circumstances in which the Minister may be satisfied that a body corporate
is willing and able to meet the VET quality and accountability
requirements.
Firstly, this amendment maintains the provision currently in the
legislation which provides the Minister may be satisfied that a body
corporate is willing and able to meet the VET quality and accountability
requirements where the body gives the Minister such written undertakings as
the Minister requires.
Secondly, the Minister may be satisfied that a body corporate is willing
and able to meet:
. the VET quality and accountability requirements; or
. one or more of the requirements referred to in paragraphs 13(1)(a) to (f)
of Schedule 1A;
if a body approved under the VET Provider Guidelines so recommends in
accordance with the VET Provider Guidelines.
This amendment will allow the Minister to accept recommendations from a
body approved under the VET Provider Guidelines in relation to the VET
quality and accountability requirements.
New subclause 11(2A) provides that subclause 11(2) does not limit the
circumstances in which the Minister may be satisfied, for the purposes of
paragraph 6(f) that a body corporate is willing and able to meet the VET
quality and accountability requirements.