Higher Education Support Act 2003 - VET FEE-HELP Guidelines (29/03/2012)

Link to law: https://www.comlaw.gov.au/Details/F2012L00740

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VET FEE-HELP Guidelines
 
 
 
 
Higher Education Support Act 2003
 
 
I, CHRIS EVANS, Minister for Tertiary Education, Skills, Science and Research make these, VET FEE-HELP Guidelines under subclause 99(1) of Schedule 1A to the Higher Education Support Act 2003.
 
 
 
Dated this        29th      day of              March              2012
 
 
 
 
 
 
            signed
__________________________________________
CHRIS EVANS
Minister for Tertiary Education, Skills, Science and Research
 
 
 
 
 
 
 
 
Higher Education Support Act 2003
 
 
VET FEE-HELP GUIDELINES
 
 
 
 
 
 
 
 
 
 
1         Citation
 
This legislative instrument may be cited as the VET FEE-HELP Guidelines.
 
 
2         Authority
 
These Guidelines are made pursuant to Item 2 of the table in subsection 99(1) of Schedule 1A to the Act, to provide for matters under section 137-18 and Part 2.
 
3         Commencement
 
This legislative instrument commences on the day after registration on the Federal Register of Legislative Instruments.
 
4         Revocation
 
The VET FEE-HELP Guidelines dated 9 July 2009, registered number F2008L01952, registered on 23 July 2009 and commenced on 01 July 2009 and all subsequent amendments are revoked.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
COMMONWEALTH OF AUSTRALIA
 
Higher Education Support Act 2003
 
 
VET FEE-HELP GUIDELINES
 
 
TABLE OF CONTENTS
 
 
CHAPTER 1       INTERPRETATION                                                                                              4
 
CHAPTER 2       OTHER REQUIREMENTS RELATING TO STUDENT ENTITLEMENT                    6
 
CHAPTER 3       OTHER REQUIREMENTS RELATING TO VET CREDIT TRANSFER
                            ARRANGEMENTS                                                                                                           8
 
CHAPTER 4       VET STUDENTS WITHDRAWING FROM REPLACEMENT UNITS UNDER
                            SPECIAL CIRCUMSTANCES                                                                             10
 
CHAPTER 5       VET FEE-HELP DEBT                                                                                         11
 

CHAPTER 1     INTERPRETATION
 
1.1.1     In these Guidelines, unless the contrary intention appears, terms used have the same meaning as in the Higher Education Support Act 2003.
 
1.1.2     Terms in these Guidelines that are in italics have the meanings given in paragraph 1.1.3 of these Guidelines.
 
1.1.3     In these Guidelines, unless the contrary intention appears:
 
Act means the Higher Education Support Act 2003
 
business day has the same meaning given by the VET Provider Guidelines
 
Department has the same meaning given by the VET Provider Guidelines
 
Full fee-paying student has the meaning given in paragraph 2.2.1 of these Guidelines
 
General Manager has the same meaning given by the VET Provider Guidelines
 
Guidelines means these VET FEE-HELP Guidelines
 
National Register has the same meaning given by the VET Provider Guidelines
 
Provider has the same meaning given by the VET Provider Guidelines
 
Reform State or Territory has the same meaning given by the VET Provider Guidelines
 
registered training organisation (RTO) has the same meaning given by the VET Provider Guidelines
 
replacement unit has the same meaning given by the VET Provider Guidelines
 
scope of registration has the same meaning given by the VET Provider Guidelines
 
second provider has the same meaning given by the VET Provider Guidelines
 
subsidised student has the meaning given in paragraph 2.2.3 of these Guidelines
 
VET Repayment Guarantor has the same meaning given by the VET Provider Guidelines
 
VET Repayment TAS Operator has the same meaning given by the VET Provider Guidelines
 
VET student has the same meaning given by the VET Provider Guidelines
 
VET tuition assurance administrator has the same meaning given by the VET Provider Guidelines
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CHAPTER 2             OTHER REQUIREMENTS RELATING TO STUDENT ENTITLEMENT
 
2.1         PURPOSE
2.1.1      This chapter sets out other requirements relating to student entitlement to
VET FEE-HELP assistance for a VET unit of study under subclause 43(i) of Schedule 1A to the Act.
 
2.2         STUDENTS ENTITLED TO VET FEE-HELP ASSISTANCE
Full fee-paying students
2.2.1       A full fee-paying student means a student enrolled in a VET course of study for which the VET provider does not receive any funding from a State, Territory or the Commonwealth in relation to the student’s enrolment in that VET course of study.
 
2.2.2       A full fee-paying student is only entitled to VET FEE-HELP assistance for a VET unit of study if the unit:
 
a)         forms part of a VET course of study that leads to the award of VET diploma or VET advanced diploma for which the VET provider has a credit transfer arrangement in place for that course; or
 
b)         forms part of a VET course of study that leads to the award of VET graduate certificate or VET graduate diploma for which the VET provider does not need a credit transfer arrangement in place for that course; or
 
c)         forms part of a VET course of study for which the VET provider is exempt in accordance with paragraph 3.2.2 of these Guidelines.
 
Subsidised students
2.2.3       A subsidised student means a student:
 
a)      who is enrolled with a VET provider in a VET course of study; and
 
b)      for whom the VET provider receives funding from a State or Territory (the “Subsidising State or Territory”) in relation to the student’s enrolment in that VET course of study; and
 
c)      who is determined to be a subsidised student by the Subsidising State or Territory.
 
2.2.4       A subsidised student is only entitled to VET FEE-HELP assistance for a VET unit of study if the unit:
 
a)         forms part of a VET course of study that leads to an award of VET diploma or VET advanced diploma; and
 
b)         the student is enrolled in the unit in the Subsidising State or Territory; and
 
c)         the Subsidising State or Territory is a Reform State or Territory.
CHAPTER 3             OTHER REQUIREMENTS RELATING TO VET CREDIT     TRANSFER ARRANGEMENTS
 
3.1         PURPOSE
 
3.1.1      This chapter sets out other requirements relating to VET credit transfer arrangements for the purposes of paragraph 45(1)(a) of Schedule 1A to the Act.
 
3.2         BASIC REQUIREMENTS RELATING TO VET CREDIT TRANSFER ARRANGEMENTS
 
3.2.1       For a VET course of study that leads to an award of VET diploma or VET advanced diploma, the VET provider must have in place at least one VET credit transfer arrangement for that course.
 
3.2.2       Paragraph 3.2.1 does not apply to a VET provider that is listed on the National Register as an RTO and offers, in accordance with its scope of registration, the course in a Reform State or Territory.
 
3.2.3       A VET credit transfer arrangement must provide a guaranteed level of credit  for the award of VET diploma or VET advanced diploma towards a higher education bachelor degree. The Secretary will use the following levels as a guide when approving the VET credit transfer arrangement:
a)         50% credit for a VET advanced diploma towards a three year bachelor degree;
b)         37.5% credit for a VET advanced diploma towards a  four year bachelor degree;
c)         33% credit for a VET diploma towards a three year bachelor degree; or
d)         25% credit for a VET diploma towards a four year bachelor degree.
 
3.2.4      Each VET credit transfer arrangement must be set out in a written agreement between the VET provider and a higher education provider that contains at least the following information:
a)         the higher education award to which the VET credit transfer arrangement relates;
b)         the amount of credit towards the higher education award that is guaranteed under the VET credit transfer arrangement; and
c)         the expiry date, if any, of the VET credit transfer arrangement.

3.2.5      A VET provider must have all credit transfer arrangements approved by the Secretary.
 
3.3         REQUIREMENTS RELATING TO APPROVALS, PUBLICATION AND VARIATIONS OF VET CREDIT TRANSFER ARRANGEMENTS
 
3.3.1      A VET provider must:
 
a)         provide the Secretary with a copy of all proposed VET credit transfer arrangements for approval; and
 
b)         publish and make publicly available details of all VET credit transfer arrangements; and
 
c)         provide the Secretary with a copy of all proposed variations to VET credit transfer arrangements for approval; and
 
d)         publish and make publicly available details of all approved variations to VET credit transfer arrangements; and
 
e)         obtain approval from the Secretary before it varies a VET credit transfer arrangement.
 
3.4         EXPIRATION OF A VET CREDIT TRANSFER ARRANGEMENT
 
3.4.1      If a VET credit transfer arrangement expires and there are VET students for any VET unit of study forming part of the course to which the arrangement relates (“affected VET students”), then:
 
a)      the requirements relating to VET credit transfer arrangements set out in this chapter are taken to have been satisfied for the whole of the course for those VET students only; and
 
b)      the VET provider must:
 
i)          immediately notify the General Manager and the affected VET students that the VET credit transfer arrangement has expired; and
 
ii)         negotiate another VET credit transfer arrangement with a higher education provider for the VET course of study that meets the requirements of this chapter.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CHAPTER 4             VET students withdrawing from replacement units under special circumstances
 
4.1         PURPOSE
 
4.1.1      This chapter sets out, for the purposes of paragraph 46(2)(d) of Schedule 1A to the Act, requirements relating to VET students withdrawing from replacement units under special circumstances.  
 
4.1.2      If the second provider receives an application from any person under paragraph 46(2)(d) of Schedule 1A to the Act in relation to a replacement unit which meets the course requirements under subclause 45(1) of Schedule 1A to the Act, and in which the person is enrolled with a second provider, the second provider must:
 
a)      immediately notify the Provider and the General Manager of the application;
b)      ensure that the up-to-date information kept by it under subparagraph 3.6.2.1 of the VET Provider Guidelines can be accessed by the Commonwealth and, in order to effectively meet its obligations under the arrangements, the Provider’s VET tuition assurance administrators;
c)      deal with the application in accordance with subclause 50(1) of Schedule 1A of the Act; and
d)      immediately after having dealt with the application, notify the persons referred to in subparagraph 4.1.2(a) as to whether, in respect of the replacement unit it is satisfied that the requirements of subclause 46(2) of Schedule 1A of the Act are met.
Note: Under subclause 46(3) of Schedule 1A of the Act, the Secretary may act for certain purposes where the relevant VET provider is unable to do so, in which case the Secretary may give the notice referred to in subparagraph 4.1.2(d).
 
4.1.3      If a notice under subparagraph 4.1.2(d) of these Guidelines states that the second provider is satisfied that the requirements of subclause 46(2) of Schedule 1A of the Act are met:
 
a)      the second provider and the persons referred to in subparagraph 4.1.2(a) must liaise and do all things reasonably necessary to effect re-crediting of the VET student’s FEE‑HELP balance in relation to the replaced unit within twenty (20) Business Days after the Provider receives the notice; and
b)      the Provider must immediately after the re-crediting has been effected, notify its VET Repayment TAS Operator or VET Repayment Guarantor (whichever is applicable) to that effect.
Note: Under subclause 46(3) of Schedule 1A to the Act, the Secretary may effect the re-crediting if the relevant VET provider is unable to do so, in which case the Secretary may give the notice referred to in subparagraph 4.1.3(b).
 
CHAPTER 5             VET FEE-HELP DEBT
 
5.1         PURPOSE
 
5.1.1      This chapter sets out the requirements under paragraph 137-18(2)(b) of the Act, relating to:
 
a)       a lesser percentage of a loan, made under paragraph 137-18(1)(a) of the Act, in discharge of a person’s liability to pay his or her VET tuition fee for a VET unit of study; and
 
b)       persons for whom the lesser percentage is specified.
 
5.2         THE LESSER PERCENTAGE
 
5.2.1      The lesser percentage is 100%.
 
5.3         PERSONS FOR WHOM THE LESSER PERCENTAGE IS SPECIFIED
 
5.3.1    The lesser percentage is specified for any VET student who is a subsidised student entitled to VET FEE-HELP assistance under paragraph 2.2.4 of these Guidelines.