NOTICE OF APPROVAL
COMMONWEALTH OF AUSTRALIA
Higher Education Support Act 2003
VET Provider Approval No 38 of 2015
 
Approval under subclause 6(1), decision under paragraph 11(1)(a), and notice of approval under paragraph 11(1)(b) of Schedule 1A to the Higher Education Support Act 2003 (HESA).
I, Shelley Owen, a delegate of the Minister for Education and Training:
(a)           approve the application of Open Training Institute Pty Ltd (ACN:  161 732 136 ABN: 24 161 732 136) as a VET provider in accordance with subclause 6(1) of Schedule 1A to HESA; and
(b)          impose conditions on the approval of Open Training Institute Pty Ltd as a VET Provider in accordance with subclause 12A(1) of Schedule 1A to HESA; and
(c)           note that this approval decides the application of Open Training Institute Pty Ltd as required by paragraph 11(1)(a) of Schedule 1A to HESA; and
(d)          hereby give Open Training Institute Pty Ltd written notice of my approval as required by paragraph 11(1)(b) of Schedule 1A to HESA.
Conditions
i.            Open Training Institute Pty Ltd will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances for the period of its approval.
ii.            Open Training Institute Pty Ltd must not offer its assets as security for the benefit of any other person or entity including associated entities except as a consequence of any commercial loan arrangements with a recognised financial institution for the period of its approval. Associated entity has the meaning given by section 50AAA of the Corporations Act 2001.
iii.            Open Training Institute Pty Ltd must provide the Department responsible for administering the Higher Education Support Act 2003 with all required financial information as specified in the Financial Viability Instructions, on an annual basis by no later than 30 June each year for the period of its approval.
iv.            Open Training Institute Pty Ltd must, in writing, advise the Department responsible for administering the Higher Education Support Act 2003 of any events affecting Open Training Institute Pty Ltd or a related entity that may significantly affect the capacity of Open Training Institute Pty Ltd to meet the VET quality and accountability requirements under the Higher Education Support Act 2003 for the period of its approval. The written advice must be provided within 10 working days of the event occurring.
v.            Open Training Institute Pty Ltd must inform the Department responsible for administering the Higher Education Support Act 2003 in writing of changes to directors, company structure and/or its constitution for the period of its approval. The written advice must be provided within 10 working days of the event occurring.
vi.            Open Training Institute Pty Ltd must not include in VET units of study, any units of competency that are not listed as part of the diploma or above level qualification in the relevant Training Package or VET Accredited Course for the period of its approval.
vii.            Open Training Institute Pty Ltd must provide the Department responsible for administering the Higher Education Support Act 2003 with a copy of the audited general purpose financial statements for Open Universities Australia Pty Ltd by no later than 30 June each year for the period of its approval.
viii.            Open Training Institute Pty Ltd must provide to the Department evidence of current tuition assurance membership including course costs, extent and duration of coverage for all higher level courses eligible for VET FEE-HELP, together with evidence the arrangements for course assurance and tuition fee repayment assurance are sufficient to cover all students enrolled as VET students in VET units of study at any time. This evidence must be provided no later than 12 February 2016.
ix.            Open Training Institute Pty Ltd must advise the Department responsible for administering the Higher Education Support Act 2003 of any regulatory activity undertaken or being undertaken by ASQA relating to non-compliance with the Standards for NVR Registered Training Organisations for five years from the date of approval.
x.            Open Training Institute Pty Ltd must advise the Department responsible for administering the Higher Education Support Act 2003 of any regulatory activity that has been or is being undertaken in relation to Australian Consumer Law and/or fair trading laws for five years from the date of approval.
xi.            Open Training Institute Pty Ltd must report data monthly for two years from the date of approval.
In accordance with subclause 12(2) of Schedule 1A to HESA this notice of approval commences on the day after it is registered on the Federal Register of Legislative Instruments.
 
Dated this 24th day of December 2015
 
 
 
Shelley Owen
A/g Branch Manager
Delegate of the Minister for Education and Training