2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009 (Education) A Bill for an Act to amend the Higher Education Support Act 2003, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 2 Schedule 1--VET FEE-HELP 3 Higher Education Support Act 2003 3 Schedule 2--Tertiary Admission Centres 5 Higher Education Support Act 2003 5 i Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009 [Page Break] 2 Support Act 2003, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Higher Education Support 6 Amendment (VET FEE-HELP and Tertiary Admission Centres) Act 7 2009. 8 2 Commencement 9 This Act commences on the day after this Act receives the Royal 10 Assent. Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009 1 [Page Break] 2 Each Act that is specified in a Schedule to this Act is amended or 3 repealed as set out in the applicable items in the Schedule 4 concerned, and any other item in a Schedule to this Act has effect 5 according to its terms. 6 2 Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009 [Page Break] 1 Schedule 1--VET FEE-HELP 2 3 Higher Education Support Act 2003 4 1 Subsection 137-18(2) 5 Repeal the subsection, substitute: 6 (2) The amount of the *VET FEE-HELP debt is: 7 (a) 120% of the loan; or 8 (b) if the *VET FEE-HELP Guidelines specify a lesser 9 percentage of the loan for the person--that lesser percentage 10 of the loan. 11 Note: For specification by class, see subsection 13(3) of the Legislative 12 Instruments Act 2003. 13 2 Application 14 The amendment of section 137-18 of the Higher Education Support Act 15 2003 made by this Schedule applies to VET FEE-HELP debts (incurred 16 before, on or after the commencement of the amendment) relating to 17 VET units of study whose census dates are on or after 1 July 2009. 18 3 Paragraph 6(g) of Schedule 1A 19 Omit "relating to *VET credit transfer arrangements". 20 4 Application 21 The amendment of clause 6 of Schedule 1A to the Higher Education 22 Support Act 2003 made by this Schedule applies in relation to decisions 23 made on or after the commencement of the amendment on applications 24 for approval as a VET provider, whether the applications were made 25 before, on or after that commencement. 26 5 Paragraph 45(1)(a) of Schedule 1A 27 Omit "relating to *VET credit transfer arrangements". 28 6 After subclause 45(1) of Schedule 1A 29 Insert: 30 (1A) For the purposes of paragraph (1)(a), the *VET FEE-HELP 31 Guidelines: Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009 3 [Page Break] 1 (a) may set out different requirements relating to different 2 students undertaking the *VET unit of study; and 3 (b) may set out requirements relating to only some students 4 undertaking the VET unit of study (while not setting out 5 requirements relating to other students undertaking the unit). 6 7 Application 7 The amendments of clause 45 of Schedule 1A to the Higher Education 8 Support Act 2003 made by this Schedule apply to VET units of study 9 whose census dates are on or after 1 July 2009. 10 8 Paragraph 99(1)(a) of Schedule 1A 11 Omit "Part", substitute "provisions". 12 9 Paragraph 99(1)(b) of Schedule 1A 13 Omit "that Part", substitute "those provisions". 14 10 Subclause 99(1) of Schedule 1A (cell in table heading, 15 column headed "Part") 16 Repeal the cell, substitute: Provisions 17 11 Subclause 99(1) of Schedule 1A (cell in table item 2, 18 column headed "Part") 19 Repeal the cell, substitute: Section 137-18 and Part 2 20 12 Transitional--guidelines made under clause 99 of 21 Schedule 1A to the Higher Education Support Act 2003 22 (1) Guidelines in force under clause 99 of Schedule 1A to the Higher 23 Education Support Act 2003 immediately before the commencement of 24 the amendments of that clause by this Schedule have effect after that 25 commencement as if they had been issued under that clause as amended 26 by this Schedule. 27 (2) Subitem (1) does not prevent the repeal or amendment of the guidelines. 4 Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009 [Page Break] 1 Schedule 2--Tertiary Admission Centres 2 3 Higher Education Support Act 2003 4 1 Section 179-5 (paragraph (b) of the definition of Personal 5 information) 6 After "purposes of", insert "Chapter 2 or". 7 2 At the end of subsection 179-15(1) 8 Add: 9 ; or (d) the person is or was an *officer of a Tertiary Admission 10 Centre (see subsection (3B)). 11 3 After subsection 179-15(3A) 12 Insert: 13 (3B) A person is an officer of a Tertiary Admission Centre if the person 14 is: 15 (a) an officer or employee of the *Tertiary Admission Centre; or 16 (b) a person who, although not an officer or employee of the 17 Tertiary Admission Centre, performs services for or on 18 behalf of the Tertiary Admission Centre. 19 4 At the end of subsection 179-15(4) 20 Add: 21 ; or (d) for an *officer of a Tertiary Admission Centre--service as 22 such an officer. 23 5 After paragraph 179-20(ca) 24 Insert: 25 (cb) disclosure by a Commonwealth officer of personal 26 information to an *officer of a Tertiary Admission Centre to 27 assist the officer of the Tertiary Admission Centre in 28 performing duties or functions, or in exercising powers, 29 under, or for the purposes of, this Act; 30 6 After paragraph 179-20(e) 31 Insert: Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009 5 [Page Break] 1 (ea) disclosure by an officer of a Tertiary Admission Centre of 2 personal information to a Commonwealth officer to assist the 3 Commonwealth officer in the Commonwealth officer's 4 official employment; 5 7 At the end of section 179-20 6 Add: 7 ; (h) disclosure by an officer of a higher education provider of 8 personal information to an officer of a Tertiary Admission 9 Centre to assist the officer of the Tertiary Admission Centre 10 in performing duties or functions, or in exercising powers, 11 under, or for the purposes of, this Act; 12 (i) disclosure by an officer of a Tertiary Admission Centre of 13 personal information to an officer of a higher education 14 provider to assist the provider's officer in performing duties 15 or functions, or in exercising powers, under, or for the 16 purposes of, this Act. 17 8 At the end of subsection 179-25(1) 18 Add: 19 ; or (d) in the case of an *officer of a Tertiary Admission Centre--to 20 assist the officer in performing duties or functions, or in 21 exercising powers, under, or for the purposes of, this Act. 22 9 At the end of paragraph 179-35(1)(d) 23 Add: 24 ; (v) the personal information is held on a computer of a 25 *Tertiary Admission Centre; 26 (vi) the personal information is held on behalf of a Tertiary 27 Admission Centre. 28 10 After paragraph 74(1)(a) of Schedule 1A 29 Insert: 30 (aa) the person is or was an *officer of a Tertiary Admission 31 Centre (see subsection 179-15(3B)); or 32 11 After paragraph 74(3)(a) of Schedule 1A 33 Insert: 6 Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009 [Page Break] 1 (aa) for an *officer of a Tertiary Admission Centre--service as 2 such an officer; or 3 12 After paragraph 75(c) of Schedule 1A 4 Insert: 5 (ca) disclosure by a Commonwealth officer of VET personal 6 information to an *officer of a Tertiary Admission Centre to 7 assist the officer of the Tertiary Admission Centre in 8 performing duties or functions, or in exercising powers, 9 under, or for the purposes of, this Schedule; 10 13 At the end of clause 75 of Schedule 1A 11 Add: 12 ; (e) disclosure by an officer of a VET provider of VET personal 13 information to an officer of a Tertiary Admission Centre to 14 assist the officer of the Tertiary Admission Centre in 15 performing duties or functions, or in exercising powers, 16 under, or for the purposes of, this Schedule; 17 (f) disclosure by an officer of a Tertiary Admission Centre of 18 VET personal information to a Commonwealth officer to 19 assist the Commonwealth officer in the Commonwealth 20 officer's official employment; 21 (g) disclosure by an officer of a Tertiary Admission Centre of 22 VET personal information to an officer of a VET provider to 23 assist the provider's officer in performing duties or functions, 24 or in exercising powers, under, or for the purposes of, this 25 Schedule. 26 14 After paragraph 76(1)(a) of Schedule 1A 27 Insert: 28 (aa) in the case of an *officer of a Tertiary Admission Centre--to 29 assist the officer in performing duties or functions, or in 30 exercising powers, under, or for the purposes of, this 31 Schedule; or 32 15 At the end of paragraph 78(1)(d) of Schedule 1A 33 Add: 34 ; (iii) the VET personal information is held on a computer of a 35 *Tertiary Admission Centre; Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009 7 [Page Break] 1 (iv) the VET personal information is held on behalf of a 2 Tertiary Admission Centre. 3 16 Subclause 1(1) of Schedule 1 4 Insert: 5 officer of a Tertiary Admission Centre has the meaning given by 6 subsection 179-15(3B). 7 17 Subclause 1(1) of Schedule 1 8 Insert: 9 Tertiary Admission Centre means a person, body or organisation 10 that provides services in relation to student admissions and 11 enrolments on behalf of: 12 (a) higher education providers; or 13 (b) *VET providers; or 14 (c) both higher education providers and VET providers. 8 Higher Education Support Amendment (VET FEE-HELP and Tertiary Admission Centres) Bill 2009 No. , 2009