Amendment No. 1 to the VET Guidelines 2013
 
 
 
Higher Education Support Act 2003
 
 
I, KIM CARR, Minister for Higher Education, make the attached amendments to the VET Guidelines under clause 99 of Schedule 1A to the Higher Education Support Act 2003.
 
 
 
 
 
Dated this       19th      day of              July                              2013
 
 
 
 
 
KIM CARR
 
 
 
 
KIM CARR
Minister for Higher Education
 
 
 
Higher Education Support Act 2003
 
Amendment No.1 to the VET Guidelines 2013
 
(i)      Citation
 
This legislative instrument may be cited as Amendment No. 1 to the VET Guidelines 2013.
 
(ii)     Authority
 
This legislative instrument is made pursuant to clause 99 of Schedule 1A to the Higher Education Support Act 2003 (the Act).
 
(iii)    Commencement
 
This legislative instrument commences on the day after registration.
 
(iv)    Amendment
 
Upon commencement of this legislative instrument the VET Guidelines (F2012L02569) registered on 21 December 2012 are amended as set out in Schedule 1.
 
(v)     Purpose
 
The purpose of this legislative instrument is to amend the VET Guidelines to specify:
a.    additional bodies established under State law that may be approved as VET Providers under clause 6(1A) of Schedule 1A to the Act;
b.    for the purpose of paragraph (e) of the definition of “VET qualification” in Schedule 1 to the Act, the qualifications that are taken to be VET qualifications for the duration of the Trial to Extend VET FEE-HELP to Specified Certificate IV Qualifications.
 
The Trial to Extend VET FEE-HELP to Specified Certificate IV Qualifications is to give effect to the agreement of the Council of Australian Governments under Schedule 4 of the National Partnership Agreement on Skills Reform for the development and management of a limited trial of extending the eligibility for income contingent loans in certain circumstances to specified Certificate IV qualifications.
 
The Trial will commence progressively in indicated jurisdictions from July 2013 and will continue until 31 December 2016.  The Trial will enable the extension of access to VET FEE-HELP to students of VET Providers approved under the Higher Education Support Act 2003.  To participate, these VET providers must offer specified nominated Certificate IV qualifications that the relevant State or Territory government must have nominated as providing subsidised places for eligible students in their jurisdictions.
 
Schedule 1   Amendments
 
Item 1
 
Omit subparagraph 2.2.1(c), and insert:
 
2.2.1(c)       Queensland: TAFE Queensland Act 2013;
Vocational Education, Training and Employment Act 2000;
 
Item 2
 
After subparagraph 2.2.1(f), insert new subparagraph 2.2.1(g) as follows:
 
2.2.1(g)      Tasmania: Training and Workforce Development Act 2013.
 
Item 3
 
After paragraph 6.2.1, insert new paragraph 6.2.1A as follows:
 
6.2.1A        A full fee-paying student is only entitled to VET FEE-HELP assistance for a VET unit of study if the unit forms part of a VET course of study that leads to a qualification of:
a)    VET diploma; or
b)    VET advanced diploma; or
c)    VET graduate certificate; or
d)    VET graduate diploma.
 
Item 4 – Chapter 11
 
After Chapter 10, insert a new Chapter 11 in the VET Guidelines as follows:
CHAPTER 11   SPECIFIED VET QUALIFICATIONS FOR THE TRIAL TO EXTEND VET FEE-HELP TO SPECIFIED CERTIFICATE IV QUALIFICATIONS
11.1       PURPOSE
11.1.1    For the purposes of giving effect to the Trial to Extend VET FEE-HELP to Specified Certificate IV Qualifications, and only for the duration of that Trial, this chapter sets out:
a)         specified qualifications that meet the extended definition of “VET qualification” as that term is used in Schedule 1A to the Act;
b)         requirements regarding VET courses of study provided by bodies applying to be approved as VET providers;
c)         entitlement requirements for VET students; and
d)         the expiration of this Chapter 11.
11.2       SPECIFIED QUALIFICATIONS
11.2.1    A qualification set out in Schedule 1 to this Chapter 11 is specified as a VET qualification for the purpose of paragraph (e) of the definition of the term “VET qualification” in Schedule 1A to the Act, if the qualification is delivered by a body that:
a)       is an approved VET provider;
b)       receives funding from a subsidising State or Territory (as that term is defined in paragraph 6.2.2(b) of these VET Guidelines) for subsidised students completing the qualification; and
c)       in addition to the qualification, the body offers at all times, at least one VET course of study that leads to a qualification of:
(i)         VET diploma; or
(ii)        VET advanced diploma; or
(iii)       VET graduate certificate; or
(iv)       VET graduate diploma.
11.2.2    For the avoidance of doubt, if a qualification specified in accordance with paragraph 11.2.1 is superseded by another qualification (a replacement qualification), both the superseded, and the replacement qualification are taken to be specified in accordance with paragraph 11.2.1.
11.3       STUDENTS ENTITLED
11.3.1    A VET student is eligible for VET FEE-HELP assistance in respect of a VET unit of study for a VET qualification specified in accordance with paragraph 11.2.1 only if the student is:
a)       a subsidised student as defined in paragraph 6.2.2;
and
b)       entitled to VET FEE-HELP assistance under subparagraphs 6.2.3(b) and (c) of these VET Guidelines.
11.4       EXPIRATION
11.4.1    This chapter expires on 31 December 2016, such that:
a)       clauses 11.1 to 11.4 no longer have effect after that date; and
b)       a VET unit of study that is not completed by this date is not included within the qualifications specified in paragraph 11.2.1. 
 
Note: only those VET units of study that are commenced, and end (as determined by the VET provider at time of enrolment) before 31 December 2016, will be eligible to be included within the Trial.
 
Item 5 – Schedule 1
 
After Chapter 11, insert new Schedule 1 as follows:
 
SCHEDULE 1 - SPECIFIED QUALIFICATIONS
 
For the purposes of paragraph 11.2.1, the qualifications listed in Column 1 of the following table are specified qualifications for bodies and students in the States and Territories listed in Column 2 of the table.
 
Specified Qualifications
State or Territory

(A)  Certificate IV in Accounting  as described in the Financial Services Training Package
 
(B)  Certificate IV in Aged Care as described in the Community Services Training Package
 
(C) Certificate IV in Disability as described in the Community Services Training Package
 
(D) Certificate IV in Work Health and Safety as described in the Business Services Training Package
 
(E)  Certificate IV in Youth Work as described in the Community Services Training Package
State of South Australia
 

(A)  Certificate IV in Agriculture  as described in the Agriculture, Horticulture and Conservation and Land Management Training Package
 
(B)  Certificate IV in Building and Construction (Building) as described in the Construction Plumbing and Services Training Package
 
(C) Certificate IV in Competitive Systems and Practices as described in the Sustainability Training Package
 
(D) Certificate IV in Disability as described in the Community Services Training Package
 
(E)  Certificate IV in Training and Assessment as described in the Training and Education Training Package
State of Victoria