Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2008 - 2009
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
HIGHER EDUCATION SUPPORT AMENDMENT (VET FEE-HELP AND TERTIARY ADMISSION
CENTRES) BILL 2009
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Employment Participation, the
Senator the Honourable Mark Arbib MP)
HIGHER EDUCATION SUPPORT AMENDMENT (VET FEE-HELP AND TERTIARY ADMISSION
CENTRES) BILL 2009
OUTLINE
Schedule 1 of the Bill amends the Higher Education Support Act 2003 (HESA)
to broaden guidelines-making powers to allow lesser VET FEE-HELP debt
amounts to apply for a particular class of student and to allow for matters
in relation to VET credit transfer requirements to be dealt with in
guidelines.
Schedule 2 of the Bill will amend HESA to provide that Tertiary Admission
Centres (TACs) have the same status and duty of care as Officers of a
Higher Education Provider (HEP) and VET provider in relation to the
processing of students' personal information. VET providers and HEPs must
access the personal identifying information of students to process
applications for student places and for Commonwealth Scholarships. This
amendment will ensure that relevant information may be shared between
DEEWR, VET providers, HEPs and TACs as appropriate and in accordance with
the HESA privacy requirements. This will ensure that the rights of students
are protected by HESA's privacy protection provisions.
FINANCIAL IMPACT
VET FEE-HELP measure
Total fiscal impact
08/09 09/10 10/11 11/12
$m $m $m $m
-5.210 -5.165 2.086 10.619
Note all figures represent net impact on fiscal balance. Negative figures
indicate increased expenditure. Appropriations extend beyond the forward
estimates period. These costs are based on the application of the
provisions of the measure to Victoria. Should other States qualify for the
measure in the future, the total impact of the measure will vary.
Tertiary Admission Centres measure
Nil financial impact.
HIGHER EDUCATION SUPPORT AMENDMENT (VET FEE-HELP AND TERTIARY ADMISSION
CENTRES) BILL 2009
NOTES ON CLAUSES
Clause 1 - Short title
Provides for the Act to be cited as the Higher Education Support Amendment
(VET FEE-HELP and Tertiary Admission Centres) Act 2009.
Clause 2 - Commencement
Clause 2 provides that the Act commences on the day after 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.
For ease of description, this explanatory memorandum uses the following
abbreviation:
'the Act' means the Higher Education Support Act 2003.
Schedule 1 - VET FEE-HELP
Higher Education Support Act 2003
Item 1 - Subsection 137-18(2)
Repeals subsection 137-18(2) and substitutes a new subsection. New
subsection 137-18(2) provides that the amount of a VET FEE-HELP debt is
either:
120 per cent of the loan; or
if the VET-FEE HELP Guidelines specify a lesser percentage of the loan for
a person, that lesser percentage.
Item 2 - Application
Inserts an application provision relating to Item 1. This application
provision provides that the amendment contained in Item 1 applies to VET
FEE-HELP debts (incurred before, on or after the commencement of the
amendment) relating to VET units of study whose census date is on or after
1 July 2009.
New subsection 137-18(2) provides that the amount of a VET FEE-HELP debt is
either 120% of the loan fee or if the VET FEE-HELP guidelines specify a
lesser percentage, that lesser percentage.
The effect of this provision is that new subsection 137-18(2) will allow
the VET FEE-HELP Guidelines to specify a lesser percentage of the loan for
VET FEE-HELP debts (incurred before, on or after the commencement of the
amendment) relating to VET units of study whose census date is on or after
1 July 2009. That is, the amendment allowing the removal of the 20% VET FEE-
HELP loan fee contained in Item 1 will apply retrospectively from 1 July
2009.
Item 3 - Paragraph 6(g) of Schedule 1A
Amends paragraph 6(g) of Schedule 1A to remove a reference to VET credit
transfer arrangements. Clause 6 of Schedule 1A allows the Minister to
approve a body corporate as a VET provider if the body meets the criteria
listed in that Clause. Clause 6 includes the requirement that the body
corporate complies with any requirements set out in the VET credit transfer
arrangements. This amendment will allow the Minister to approve a body
corporate as a VET provider without the body having to meet the requirement
to have in place a VET credit transfer arrangement.
Item 4 - Application
Inserts an application provision relating to Item 3. This application
provision provides that the amendment to paragraph 6(g) of Schedule 1A made
by Item 3 will apply to decisions on applications for approval as a VET
provider made on or after commencement of the amendment whether or not the
applications were made prior to commencement of the amendment.
Item 5 - Paragraph 45(1)(a) of Schedule 1A
Amends paragraph 45(1)(a) of Schedule 1A to remove a reference to VET
credit transfer arrangements.
Item 6 - After subclause 45(1) of Schedule 1A
Inserts new subclause 45(1A) in Schedule 1A. This amendment provides that
for the purposes of paragraph 45(1)(a), the VET FEE-HELP Guidelines:
. may set out different requirements relating to different students
undertaking the VET unit of study; and
. may set out requirements relating to only some students undertaking the
VET unit of study (while not setting out requirements relating to other
students undertaking the unit).
Item 7 - Application
Inserts an application provision relating to Item 6. This application
provision provides that the amendment contained in Item 6 relating to
Schedule 1A of the Act applies to VET units of study whose census dates are
on or after 1 July 2009.
Items 8, 9 and 10 - Paragraphs 99(1)(a) (b) and subclause 99(1) of Schedule
1A
Inserts technical amendments relating to Item 11.
Item 11 - Subclause 99(1) of Schedule 1A
Inserts a reference to section 137-18 into the Table at the end of
subclause 99(1) of Schedule 1A. This is a consequential amendment relating
to Item 1.
Item 12 - Transitional
Inserts a transitional provision. This provision ensures that any
guidelines in force under clause 99 of Schedule 1A to the Act prior to
commencement of amendments to that clause made by this Schedule will remain
in effect after the commencement of the amendments as they did prior to the
commencement of the amendments.
Schedule 2 - Tertiary Admission Centres
Higher Education Support Act 2003
Item 1 - Section 179-5 (paragraph (b) of the definition of Personal
information)
Amends section 179-5 to extend the definition of personal information to
include information about an individual whose identity is apparent, or can
reasonably be ascertained from the information and is obtained or created
by an officer for the purposes of Chapter 2.
Items 2, 3 and 4 - Section 179-15
Insert new paragraphs 179-15(1)(d), (3B)(a) and (b), and (4)(d) to extend
the definitions of officer and official employment (of an officer) and to
also define officer of a Tertiary Admission Centre for the purposes of the
Act.
Items 5, 6 and 7 - Section 179-20
Insert new paragraphs 179-20(cb), (ea), (h) and (i) to include, for the
purposes of paragraph 179-10(d), that the following disclosures are taken
to be disclosures in the course of an officer's official employment:
if a Commonwealth officer discloses personal information to an officer of a
Tertiary Admission Centre to assist the officer of the Tertiary Admission
Centre in the performance of the officer's duties arising under this Act;
if an officer of the Tertiary Admission Centre discloses personal
information to a Commonwealth officer to assist the Commonwealth officer in
his or her official employment;
if an officer of a higher education provider discloses personal information
to an officer of the Tertiary Admission Centre to assist the officer of the
Tertiary Admission Centre in the performance of the officer's duties
arising under this Act;
if an officer of the Tertiary Admission Centre discloses personal
information to an officer of a higher education provider to assist the
provider's officer in the performance of the officer's duties arising under
this Act.
Item 8 - At the end of subsection 179-25(1)
Insert new paragraph 179-25(1)(d) to include an officer of the Tertiary
Admission Centre to whom the Commissioner (or a person authorised by the
Commissioner) may communicate protected information for use by an officer
of the Tertiary Admission Centre officer in the course of the officer's
official employment.
Item 9 - At the end of paragraph 179-35(1)(d)
Inserts new subparagraphs 179-35(1)(d)(v) and (vi) to extend the offence
under section 179-35 to include circumstances where the personal
information is held on a computer of a Tertiary Admission Centre or held on
behalf of a Tertiary Admission Centre.
Items 10 and 11 - After paragraph 74(1)(a) and 74(3)(a) of Schedule 1A
Insert new paragraphs 74(1)(aa) and (3)(aa) to extend the definitions of
VET officer and official employment (of an officer) for the purposes of the
Act.
Items 12 and 13 - Clause 75 of Schedule 1A
Insert new paragraphs 75(ca), (e), (f) and (g) to include, for the purposes
of paragraph 73(d), that the following disclosures are taken to be
disclosures in the course of an officer's official employment:
(ca) if a Commonwealth officer discloses VET personal information to an
officer of a Tertiary Admission Centre to assist the officer of the
Tertiary Admission Centre in the performance of the officer's duties
arising under Schedule 1A of this Act;
(e) if an officer of a VET provider discloses VET personal information to
an officer of a Tertiary Admission Centre to assist the officer of the
Tertiary Admission Centre in the performance of the officer's duties
arising under Schedule 1A of this Act;
(f) if an officer of the Tertiary Admission Centre discloses VET personal
information to a Commonwealth officer to assist the Commonwealth officer in
the Commonwealth officer's official employment;
(g) if an officer of a Tertiary Admission Centre discloses VET personal
information to an officer of a VET provider to assist the officer in the
performance of the officer's duties arising under Schedule 1A of this Act.
Item 14 - After paragraph 76(1)(a) of Schedule 1A
Insert new paragraph 76(1)(aa) to include an officer of the Tertiary
Admission Centre to whom the Commissioner (or a person authorised by the
Commissioner) may communicate VET personal information to assist the
officer of the Tertiary Admission Centre officer in the performance of the
officer's duties arising under Schedule 1A of this Act.
Item 15 - At the end of paragraph 78(1)(d) of Schedule 1A
Inserts new subparagraphs 78(1)(d)(iii) and (iv) to extend the offence
under clause 78 to include circumstances where the VET personal information
is held on a computer of a Tertiary Admission Centre or the VET personal
information is held on behalf of a Tertiary Admission Centre.
Items 16 and 17 - Subclause 1(1) of Schedule 1
Inserts new definitions for officer of a Tertiary Admission Centre and
Tertiary Admission Centre in subclause 1(1) of the Dictionary (Schedule 1).