VET Student Loans (Consequential Amendments and Transitional Provisions) Rule 2016 (Cth)

VET Student Loans (Consequential Amendments and Transitional Provisions) Rule 2016

I, Simon Birmingham, Minister for Education and Training, make the following legislative instrument.

Dated 15 December 2016

Simon Birmingham Minister for Education and Training

Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Interpretation Part 2—Suitability of bodies to be approved course providers 5 Suitability requirements 6 Circumstances in which body is excluded

Part 1—Preliminary

1 Name This is the VET Student Loans (Consequential Amendments and Transitional Provisions) Rule 2016.

2 Commencement This instrument commences on the day after it is registered.

3 Authority This instrument is made under the VET Student Loans (Consequential Amendments and Transitional Provisions) Act 2016.

4 Interpretation (1) In this instrument: compliance period for a body means the period beginning on 5 October 2016 and ending immediately before the day on which the Secretary makes a decision under subparagraph 2(2)(a)(ii) of Schedule 2 to the Act in relation to the body. the Act means the VET Student Loans (Consequential Amendments and Transitional Provisions) Act 2016. the HESA means the Higher Education Support Act 2003. the NVETR Act means the National Vocational Education and Training Regulator Act 2011. VET FEE-HELP student, in relation to a VET unit of study or a course, means a student who has been loaned VET FEE-HELP assistance for that unit or a unit of that course. VET unit of study has the same meaning as in the HESA. (2) A term used in this instrument that is used in the VET Student Loans Act 2016 has the same meaning in this instrument as it has in that Act.

Part 2—Suitability of bodies to be approved course providers

5 Suitability requirements (1) For item 3 of Schedule 2 to the Act, this section sets out the requirements for the purposes of ensuring that course providers to whom loan amounts are paid during the provider transition period are suitable. (2) The requirements are that: (a) the body has sufficient experience in providing courses that will be approved courses on 1 January 2017; and (b) the body has an adequate student pass rate for VET units of study that form part of those courses; and (c) the body has adequate links with industry in relation to those courses; and (d) the body has satisfactory management and governance. (3) For paragraph (2)(a), the Secretary may be satisfied that the body has sufficient experience in providing courses that will be approved courses if it provided and delivered each such course for which it is approved, or the course superseded by it, to at least one VET FEE-HELP student in 2016. (4) For paragraph (2)(b), the Secretary may be satisfied that the body has an adequate student pass rate for VET units of study if at least half of the VET FEE‑HELP students who completed each unit with a census date in 2015 passed the unit. (5) For paragraph (2)(d), the Secretary may have regard to the body's history of compliance with the laws mentioned in paragraphs 6(6)(a) to (d).