Higher Education Support Amendment (Extending FEE-HELP for VET Diploma, Advanced Diploma, Graduate Diploma and Graduate Certificate Courses) Act 2007 (Cth)

Higher Education Support Amendment (Extending FEE‑HELP for VET Diploma, Advanced Diploma, Graduate Diploma and Graduate Certificate Courses) Act 2007 No. 170, 2007 An Act to amend the Higher Education Support Act 2003, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Higher Education Support Act 2003 Higher Education Support Amendment (Extending FEE-HELP for VET Diploma, Advanced Diploma, Graduate Diploma and Graduate Certificate Courses) Act 2007 No. 170, 2007 An Act to amend the Higher Education Support Act 2003, and for related purposes [Assented to 28 September 2007] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Higher Education Support Amendment (Extending FEE‑HELP for VET Diploma, Advanced Diploma, Graduate Diploma and Graduate Certificate Courses) Act 2007. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 28 September 2007 2. Schedule 1 1 January 2008. 1 January 2008 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Higher Education Support Act 2003 1 At the end of paragraph 2‑1(d) Add "and certain vocational education and training". 2 Section 3‑1 After "for higher education", insert "and certain vocational education and training". 3 At the end of Division 3 Add: 3‑30 VET FEE‑HELP Assistance Scheme (Schedule 1A) Schedule 1A provides for financial assistance to students undertaking certain accredited vocational education and training (VET) courses. 4 At the end of subsection 5‑1(4) Add: ; (f) Schedule 1A (VET FEE‑HELP Assistance Scheme). 5 At the end of Chapter 1 Add: Division 6—Schedule 1A 6‑1 Schedule 1A Schedule 1A has effect. 6 After section 22‑30 Insert: 22‑32 Determination retaining approval as a provider in respect of existing students following suspension of approval (1) The Minister may determine, in writing, that a suspension of a body's approval as a higher education provider under section 22‑30 is of no effect for the purposes of: (a) grants to the body under this Chapter; and (b) assistance payable to the body's students under Chapter 3; to the extent that the grants or assistance relate to students of the body who have not completed the *courses of study in which they were enrolled with the body on the day specified for the purposes of paragraph 22‑30(4)(a). (2) A copy of the determination must be given to the body concerned. (3) The body is taken, for the purposes of this Act, to continue to be a higher education provider, but only to the extent referred to in subsection (1). (4) Subsection (3) does not prevent the Minister subsequently revoking the body's approval as a higher education provider under this Division. (5) A determination made under subsection (1) is not a legislative instrument. 7 Section 104‑15 Repeal the section, substitute: 104‑15 A person's FEE‑HELP balance (1) A person's FEE‑HELP balance at a particular time is: (a) if the *FEE‑HELP limit in relation to the person at the time exceeds the sum of all of the amounts of *FEE‑HELP assistance and *VET FEE‑HELP assistance that have previously been payable to the person, being that sum as reduced by any amounts previously re‑credited under this Subdivision or Subdivision 7‑B of Schedule 1A—that excess; and (b) otherwise—zero. Note: If an amount is to be re‑credited to a FEE‑HELP balance, the balance that is to be re‑credited is worked out immediately before that re‑crediting. The balance is worked out after the re‑crediting by taking account of the amount re‑credited. If a person's FEE‑HELP limit has been reduced, the balance might not increase, or might not increase by the same amount as the amount re‑credited. (2) To avoid doubt, the sum referred to in paragraph (1)(a) includes amounts of *FEE‑HELP assistance and *VET FEE‑HELP assistance that have been repaid. 8 Section 107‑10 Repeal the section, substitute: 107‑10 Amounts of FEE‑HELP assistance and VET FEE‑HELP assistance must not exceed the FEE‑HELP balance Amount of FEE‑HELP assistance for one unit (1) The amount of *FEE‑HELP assistance to which a student is entitled for a unit of study is an amount equal to the student's *FEE‑HELP balance on the *census date for the unit if: (a) there is no other: (i) unit of study, with the same census date, for which the student is entitled to FEE‑HELP assistance; or (ii) *VET unit of study, with the same census date, for which the student is entitled to *VET FEE‑HELP assistance; and (b) the amount of FEE‑HELP assistance to which the student would be entitled under section 107‑1 for the unit would exceed that FEE‑HELP balance. Amount of FEE‑HELP assistance for more than one unit (2) If the sum of: (a) the amount of *FEE‑HELP assistance to which a student would be entitled under section 107‑1 for a unit of study; and (b) any other amounts of: (i) FEE‑HELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit; and (ii) *VET FEE‑HELP assistance to which the student would be entitled under clause 52 of Schedule 1A for other units that have the same census date as that unit; would exceed the student's *FEE‑HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of FEE‑HELP assistance and VET FEE‑HELP assistance to which the student is entitled for all of those units is an amount equal to that FEE‑HELP balance. Example: Kath has a FEE‑HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath's tuition fee for each unit is $600. The total amount of FEE‑HELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her tuition fees for the units is $2,400. (3) If the student has enrolled in the units with more than one higher education provider or *VET provider, and access to none of the units was provided by *Open Universities Australia, the student must notify each provider of the proportion of the total amount of *FEE‑HELP assistance or *VET FEE‑HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider. (4) If access to some, but not all, of the units of study was provided by *Open Universities Australia, the student must: (a) notify Open Universities Australia of the proportion of the total amount of *FEE‑HELP assistance that is to be payable in relation to units access to which was provided by Open Universities Australia; and (b) notify each higher education provider or *VET provider at which the student is enrolled in a unit, access to which was not provided by Open Universities Australia, of the proportion of the total amount of FEE‑HELP assistance or *VET FEE‑HELP assistance that is to be payable in relation to that unit. 9 Section 129‑1 Repeal the section, substitute: 129‑1 What this Chapter is about Loans that the Commonwealth makes to students under Chapter 3 are repayable under this Chapter. Loans that the Commonwealth makes to students under Schedule 1A are also repayable under this Chapter. Each loan is incorporated into the person's accumulated HELP debt (see Part 4‑1). Under Part 4‑2, the accumulated debts can be repaid in 2 ways: • a person may make voluntary repayments (which may attract a repayment bonus); or • compulsory repayments (based on a person's income) are made using the system for payment of income tax. 10 Section 134‑1 Repeal the section, substitute: 134‑1 What this Part is about A person incurs a HELP debt if he or she receives, as HECS‑HELP assistance, FEE‑HELP assistance or OS‑HELP assistance, a loan from the Commonwealth under Chapter 3. A person also incurs a HELP debt if he or she receives, as VET FEE‑HELP assistance, a loan from the Commonwealth under Schedule 1A. HELP debts are incorporated into the person's accumulated HELP debt. This accumulated debt forms the basis of working out the amounts that the person is obliged to repay (see Part 4‑2). 11 At the end of section 137‑1 Add: ; (d) *VET FEE‑HELP debts. 12 After section 137‑15 Insert: 137‑18 VET FEE‑HELP debts Incurring VET FEE‑HELP debts (1) A person incurs a debt to the Commonwealth if, under clause 55 of Schedule 1A, the Commonwealth: (a) makes a loan to the person; and (b) uses the amount lent to make a payment in discharge of the person's liability to pay his or her *VET tuition fee for a *VET unit of study. The debt is a VET FEE‑HELP debt. (2) The amount of the *VET FEE‑HELP debt is the amount equal to 120% of the loan. When VET FEE‑HELP debts are incurred (3) A *VET FEE‑HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person's *VET tuition fee for the unit. Remission of VET FEE‑HELP debts (4) A person's *VET FEE‑HELP debt in relation to a *VET unit of study is taken to be remitted if the person's *FEE‑HELP balance is re‑credited under clause 46, 47 or 51 of Schedule 1A in relation to the unit. Note: The debt is taken to be remitted even if the person's FEE‑HELP balance is not increased by an amount equal to the amount re‑credited. 13 Subsection 140‑5(1) (method statement, step 2) Repeal the step, substitute: Step 2. Take the HELP debts (if any) that the person incurred during the last 6 months of the immediately preceding financial year. Group them according to whether the debts are in relation to: (a) units undertaken with a higher education provider that formed part of one particular *course of study with that provider; or (b) units undertaken with a higher education provider that formed part of one particular course of study with another higher education provider; or (c) units that formed part of one particular *bridging course for overseas‑trained professionals; or (d) units access to which was provided by *Open Universities Australia; or (e) *OS‑HELP assistance, the entitlement to which relates to the person's enrolment in an *undergraduate course of study with one particular higher education provider (see paragraph 118‑1(1)(c)); or (f) units undertaken with a *VET provider that formed part of one particular *VET course of study with that provider; or (g) units undertaken with a VET provider that formed part of one particular VET course of study with another VET provider. Note: There will be more than one group of debts under paragraph (a) if the person incurred debts in relation to more than one course of study with a provider. Similarly, there could be more than one group of debts under paragraph (b), (c), (e), (f) or (g). 14 Subsection 140‑25(1A) (method statement, step 1) Repeal the step, substitute: Step 1. Take the HELP debts (if any) that the person incurred during the first 6 months of the financial year. Group them according to whether the debts are in relation to: (a) units undertaken with a higher education provider that formed part of one particular *course of study with that provider; or (b) units undertaken with a higher education provider that formed part of one particular course of study with another higher education provider; or (c) units that formed part of one particular *bridging course for overseas‑trained professionals; or (d) units access to which was provided by *Open Universities Australia; or (e) *OS‑HELP assistance, the entitlement to which relates to the person's enrolment in an *undergraduate course of study with one particular higher education provider (see paragraph 118‑1(1)(c)); or (f) units undertaken with a *VET provider that formed part of one particular *VET course of study with that provider; or (g) units undertaken with a VET provider that formed part of one particular VET course of study with another VET provider. Note: There will be more than one group of debts under paragraph (a) if the person incurred debts in relation to more than one course of study with a provider. Similarly, there could be more than one group of debts under paragraph (b), (c), (e), (f) or (g). 15 Section 164‑25 Repeal the section. 16 After section 238‑10 Insert: 238‑12 Appropriation Amounts payable by the Commonwealth under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly. 17 After Chapter 7 Insert: Schedule 1A—VET FEE‑HELP Assistance Scheme Note: See section 6‑1. 1 What this Schedule is about This Schedule provides for loans, called VET FEE‑HELP assistance, to be made available to students enrolled in certain accredited vocational education and training (VET) courses. Part 1—VET providers Division 1—Introduction 2 What this Part is about A body has to be approved as a VET provider before its students can receive VET FEE‑HELP. This Part sets out VET provider application and approval processes. VET providers are subject to the VET quality and accountability requirements. A body's approval as a VET provider may be revoked in circumstances such as breach of a VET quality and accountability requirement. 3 The VET Provider Guidelines *VET providers and the *VET quality and accountability requirements are also dealt with in the *VET Provider Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines. Note: The VET Provider Guidelines are made by the Minister under clause 99. Division 3—What is a VET provider? Subdivision 3‑A—General 4 Meaning of VET provider A VET provider is a body corporate that is approved under this Division. 5 When a body becomes or ceases to be a VET provider (1) A body corporate becomes a *VET provider if approved by the Minister under clause 6. (2) A *VET provider ceases to be a provider if the provider's approval is revoked or suspended under Division 5. Subdivision 3‑B—How are bodies approved as VET providers? 6 Approval by the Minister The Minister, in writing, may approve a body corporate as a *VET provider if: (a) the body: (i) is established under the law of the Commonwealth, a State or a Territory; and (ii) carries on business in Australia; and (iii) has its central management and control in Australia; and (b) the body's principal purpose is to provide education; and (c) the body is a registered training organisation as listed on *NTIS; and (d) the body either fulfilled the *VET tuition assurance requirements on the date of making an application under clause 9 or is exempted from those requirements under clause 8; and (e) the body applies for approval as provided for in clause 9; and (f) the Minister is satisfied that the body is willing and able to meet the *VET quality and accountability requirements. 7 The VET tuition assurance requirements The VET tuition assurance requirements are that the body corporate complies with the requirements for VET tuition assurance set out in the *VET Provider Guidelines. 8 VET tuition assurance requirements exemption for approvals (1) The Minister may, in writing, exempt a body corporate from the *VET tuition assurance requirements for the purposes of approving the body under clause 6. Note: This clause only deals with exemptions from the VET tuition assurance requirements when approving bodies as VET providers. The VET Provider Guidelines will deal with exemptions from the VET tuition assurance requirements after approval has happened. (2) An exemption is subject to such conditions as are specified in the exemption. Note: A body will not be exempt if a condition of the exemption is not complied with. (3) An exemption given under this clause is not a legislative instrument. 9 Application (1) A body corporate may apply in writing to the Minister for approval as a *VET provider. (2) The application: (a) must be in the form approved by the Minister; and (b) must be accompanied by such information as the Minister requests. 10 Minister may seek further information (1) For the purposes of determining an application, the Minister may, by notice in writing, require an applicant to provide such further information as the Minister directs within the period specified in the notice. (2) If an applicant does not comply with a requirement under subclause (1), the application is taken to have been withdrawn. (3) A notice under this clause must include a statement about the effect of subclause (2). 11 Minister to decide application (1) The Minister must: (a) decide an application for approval as a *VET provider; and (b) cause the applicant to be notified in writing whether or not the applicant is approved as a VET provider. (2) For the purposes of paragraph 6(f), the Minister may be satisfied that a body corporate is willing and able to meet the *VET quality and accountability requirements if the body gives the Minister such written undertakings as the Minister requires. (3) The Minister's decision must be made: (a) within 90 days after receiving the application; or (b) if further information is requested under clause 10—within 60 days after the end of the period within which the information was required to be provided under that clause; whichever is the later. (4) If the Minister decides that an applicant is approved as a *VET provider, the notice must also contain such information as is specified in the VET Provider Guidelines as information that must be provided to an applicant upon approval as a VET provider. 12 Approvals are legislative instruments (1) A notice of approval under paragraph 11(1)(b) is a legislative instrument. (2) A decision of the Minister to approve a body corporate as a *VET provider takes effect at the later of the following times: (a) on the day immediately after the last day on which a resolution referred to in subsection 42(1) of the Legislative Instruments Act 2003 disallowing the notice could be passed; (b) the day (if any) specified in the notice under paragraph 11(1)(b) as the day on which the approval takes effect. Division 4—What are the VET quality and accountability requirements? Subdivision 4‑A—General 13 The VET quality and accountability requirements (1) The VET quality and accountability requirements are: (a) the *VET financial viability requirements (see Subdivision 4‑B); and (b) the *VET quality requirements (see Subdivision 4‑C); and (c) the *VET fairness requirements (see Subdivision 4‑D); and (d) the *VET compliance requirements (see Subdivision 4‑E); and (e) the *VET fee requirements (see Subdivision 4‑F); and (f) any other requirements for VET quality and accountability set out in the *VET Provider Guidelines. (2) This Division does not of its own force require a *VET provider to do any act or thing. Subdivision 4‑B—The VET financial viability requirements 14 Basic requirement A *VET provider: (a) must be financially viable; and (b) must be likely to remain financially viable. 15 Financial information must be provided (1) A *VET provider must give to the Minister a financial statement for each *annual financial reporting period for the provider in which a student of the provider receives assistance under this Schedule. (2) The statement: (a) must be in the form approved by the Minister; and (b) must be provided together with a report on the statement by an independent *qualified auditor; and (c) must be provided within 6 months after the end of the *annual financial reporting period for which the statement was given. (3) An annual financial reporting period, for a *VET provider, is the period of 12 months: (a) to which the provider's accounts relate; and (b) that is notified in writing to the Minister as the provider's annual financial reporting period. 16 Minister to have regard to financial information In determining whether a *VET provider is financially viable, and likely to remain so, the Minister must have regard to any financial statement provided by the provider under clause 15. Subdivision 4‑C—The VET quality requirements 17 Provider must maintain quality (1) A *VET provider must operate, and continue to operate, at an appropriate level of quality for a VET provider. (2) The Minister must not determine that a *VET provider meets an appropriate level of quality for a VET provider unless the Minister is satisfied that the provider meets the requirements set out in the *Australian Quality Training Framework. Subdivision 4‑D—The VET fairness requirements 18 Equal benefits and opportunity requirements A *VET provider must comply with the requirements relating to equal benefits and opportunity for students that are set out in the *VET Provider Guidelines. 19 Student grievance and review requirements A *VET provider must comply with the requirements relating to student grievance and review procedures that are set out in the *VET Provider Guidelines. 20 Tuition assurance requirements (1) A *VET provider must comply with the *VET tuition assurance requirements. (2) The Minister may, by declaration in writing, exempt a specified *VET provider from the requirement in subclause (1). (3) An exemption: (a) is subject to such conditions as are specified in the exemption; and (b) may be expressed to be in force for a period specified in the exemption. Note: A body will not be exempt if a condition of the exemption is not complied with. (4) An exemption given under this clause is not a legislative instrument. 21 VET providers to appoint review officers (1) A *VET provider must appoint a *review officer to undertake reviews of decisions made by the provider relating to assistance under Part 2. Note: The Secretary may delegate to a review officer of a VET provider the power to reconsider decisions of the provider under Subdivision 16‑C: see subclause 98(2). (2) A review officer of a *VET provider is a person, or a person included in a class of persons, whom: (a) the chief executive officer of the provider; or (b) a delegate of the chief executive officer of the provider; has appointed to be a review officer of the provider for the purposes of reviewing decisions made by the provider relating to assistance under Part 2. 22 Review officers not to review own decisions A *VET provider must ensure that a *review officer of the provider: (a) does not review a decision that the review officer was involved in making; and (b) in reviewing a decision of the provider, occupies a position that is senior to that occupied by any person involved in making the original decision. 23 Procedures relating to personal information (1) A *VET provider must comply with the information privacy principles set out in section 14 of the Privacy Act 1988 in respect of *VET personal information obtained for the purposes of Part 2 of this Schedule or Chapter 4. (2) A *VET provider must have a procedure under which a student enrolled with the provider may apply to the provider for, and receive, a copy of *VET personal information that the provider holds in relation to that student. (3) The provider must comply with: (a) the requirements of the *VET Provider Guidelines relating to *personal information in relation to students; and (b) the procedure referred to in subclause (2). Subdivision 4‑E—The VET compliance requirements 24 VET provider to provide statement of general information (1) A *VET provider must give to the Minister such statistical and other information that the Minister by notice in writing requires from the provider in respect of: (a) the provision of vocational education and training by the provider; and (b) compliance by the provider with the requirements of this Schedule. (2) The information must be provided: (a) in a form approved by the Minister; and (b) in accordance with such other requirements as the Minister makes. (3) A notice under this section must not require the giving of information that a *VET provider is required to give to the Minister under clause 28. 25 Notice of events that affect provider's ability to comply with VET quality and accountability requirements A *VET provider must, by writing, inform the Minister of any event affecting: (a) the provider; or (b) a *related body corporate of the provider; that may significantly affect the provider's capacity to meet the *VET quality and accountability requirements. 26 Compliance assurance—provider (1) The Minister may require a *VET provider to be audited as to compliance with any one or more of the following requirements: (a) the *VET financial viability requirements; (b) the *VET fairness requirements; (c) the *VET compliance requirements; (d) the *VET fee requirements; (e) other requirements for VET quality and accountability set out in the *VET Provider Guidelines. (2) The audit must be conducted: (a) by a body determined in writing by the Minister; and (b) at such time or times, and in such manner, as the Minister requires. (3) The provider must: (a) fully co‑operate with the auditing body in the course of its audit; and (b) pay to the auditing body any charges payable for such an audit. (4) A determination made under paragraph (2)(a) is not a legislative instrument. Subdivision 4‑F—The VET fee requirements 27 Determining tuition fees for all students (1) This section applies to a *VET unit of study that a *VET provider provides or proposes to provide during a period ascertained in accordance with the *VET Provider Guidelines. (2) The provider must determine, for the unit, the *VET tuition fees that are to apply to students who may enrol in the unit during the period. (3) In determining *VET tuition fees under subclause (2), the provider may have regard to any matters the provider considers appropriate, other than matters specified in the *VET Provider Guidelines as matters to which a provider must not have regard. (4) The provider must not vary a *VET tuition fee unless the provider: (a) does so: (i) before the date ascertained in accordance with the *VET Provider Guidelines; and (ii) in circumstances specified in the VET Provider Guidelines; or (b) does so with the written approval of the Minister. 28 Schedules of VET tuition fees (1) A *VET provider must give the Minister a schedule of the *VET tuition fees determined under clause 27 for all the VET units of study it provides or proposes to provide during a period ascertained in accordance with the *VET Provider Guidelines. It must give the schedule: (a) in a form approved by the Minister; and (b) in accordance with the requirements that the Minister determines in writing. (2) The provider must: (a) ensure that the schedule provides sufficient information to enable a person to work out the person's *VET tuition fee for each *VET unit of study the provider provides or is to provide; and (b) publish the schedule for a particular period by the date ascertained in accordance with the *VET Provider Guidelines; and (c) ensure that the schedule is available to all students enrolled, and persons seeking to enrol, with the provider on request and without charge. Replacement schedules (3) If: (a) the provider has given the Minister a schedule (the previous schedule) under: (i) subclause (1); or (ii) this subclause; and (b) the provider varies a *VET tuition fee in the previous schedule; the provider must: (c) by written notice given to the Minister: (i) withdraw the previous schedule; and (ii) inform the Minister of the variation; and (d) give the Minister a replacement schedule incorporating the variation. Note: The provider must comply with subclause 27(4) when varying a tuition fee. (4) Subclauses (1) and (2) apply to the replacement schedule in a corresponding way to the way in which they apply to the previous schedule. Division 5—When does a body cease to be a VET provider? Subdivision 5‑A—General 29 Cessation of approval as a provider A body ceases to be approved as a *VET provider: (a) if the approval is revoked under Subdivision 5‑B or 5‑D; or (b) while the approval is suspended under clause 36. Subdivision 5‑B—Revocation for cause 30 Revocation of approval if application for approval as a provider is false or misleading The Minister may revoke a body's approval as a *VET provider if the Minister: (a) is satisfied that the body's application under clause 9 for approval as a VET provider contained material that was false or misleading; and (b) complies with the requirements of clause 34. 31 Revocation of approval if providing education ceases to be the body's principal purpose The Minister may revoke a body's approval as a *VET provider if: (a) the body's principal purpose is no longer to provide education; and (b) the Minister complies with the requirements of clause 34. 32 Revocation of approval as a provider if body ceases to be a registered training organisation The Minister may revoke a body's approval as a *VET provider if: (a) the body was listed as a registered training organisation on *NTIS at the last time the body became a VET provider; and (b) since that time, the body has ceased to be listed as a registered training organisation on NTIS; and (c) the Minister complies with the requirements of clause 34. 33 Revocation of approval as a provider for a breach of the VET quality and accountability requirements (1) The Minister may revoke a body's approval as a *VET provider if the Minister: (a) is satisfied that the body has breached a *VET quality and accountability requirement; and (b) is satisfied that it is appropriate to take that action (see subclause (2)); and (c) complies with the requirements of clause 34. (2) Without limiting the matters that the Minister may consider in deciding whether it is appropriate under this clause to revoke a body's approval as a *VET provider, the Minister may consider any or all of the following matters: (a) whether the breach in question is of a minor or major nature; (b) whether the breach has occurred before and, if so, how often; (c) the impact that the breach may have on the body's students; (d) the impact of the breach on the *accredited VET courses provided by the body; (e) the impact of the breach on Australia's reputation as a provider of high quality education; (f) any other matter set out in the *VET Provider Guidelines. Subdivision 5‑C—Process for decisions on revocation under Subdivision 5‑B 34 Process for revoking approval as a provider for loss of status or a breach (1) Before revoking a body's approval as a *VET provider under Subdivision 5‑B, the Minister must give the body notice in writing: (a) stating that the Minister is considering revoking the body's approval; and (b) stating the reasons why the Minister is considering revoking the body's approval; and (c) inviting the body to make written submissions to the Minister within 28 days concerning why the approval should not be revoked. (2) In deciding whether or not to revoke a b