{"id":"F2016L00649","name":"VET Provider Credits Determination No. 2 of 2016","slug":"vet-provider-credits-determination-no-2-of-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129198,"registerId":"commonwealth-F2016L00649-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"VET Provider Credits Determination No. 2 of 2016","content":"![Commonwealth Coat of Arms](image.001.png)\n\nVET Provider Credits Determination No. 2 of 2016\n\nNOTICE OF DETERMINATION\n\nCOMMONWEALTH OF AUSTRALIA\n\nDetermination made under subclause 45D(6) of Schedule 1A to the Higher Education Support Act 2003\n\nAs a result of Phoenix Institute of Australia Pty Ltd (ABN: 37 084 806 575) ceasing to be a VET provider, I, Shelley Owen, a delegate of the Minister, acting under subclause 45D(6) of Schedule 1A to the Higher Education Support Act 2003 (HESA), hereby determine that:\n\n(a) credits arise in the VET FEE-HELP account, established by subclause 45D(1) of Schedule 1A to HESA, of Proteus Technologies Pty Ltd (ABN: 95 112 989 581); and\n\n(b) the amount of such credits shall be $481,950.\n\nIn accordance with subparagraph 45D(2)(e)(i) of Schedule 1A to HESA, these credits arise in the VET FEE-HELP account of Proteus Technologies Pty Ltd on 31 March 2016, which is when Phoenix Institute of Australia Pty Ltd ceased to be a VET provider.\n\nDated this 29th day of April 2016\n\nShelley Owen\n\nA/g Branch Manager\n\nDelegate of the Minister","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific administrative determination made under existing delegated powers. It does not alter the scope of the Higher Education Support Act 2003 or the VET FEE-HELP scheme; it merely applies the existing legislative framework to a particular factual situation (the cessation of Phoenix Institute as a VET provider)."},"complexity_factors":["Very short document — only 4 substantive paragraphs","Only 1 defined term used (VET provider, implicitly defined by reference to the parent Act)","Single trigger event (Phoenix Institute ceasing to be a VET provider)","No conditional logic or nested exceptions — straightforward cause-and-effect determination","Only 1 cross-reference (to subclause 45D(6) of Schedule 1A to HESA), which is the enabling power","Binary outcome: credit either arises or it doesn't — no gradations or calculations required"],"plain_english_summary":"This is a short administrative decision that moves money between two vocational education companies.\n\n**What it does:**\n- **Credits $481,950** to the VET FEE-HELP account of **Proteus Technologies Pty Ltd**\n- This credit arises because **Phoenix Institute of Australia Pty Ltd** stopped being an approved vocational education provider (a \"VET provider\") on 31 March 2016\n\n**Background you need to know:**\n- **VET FEE-HELP** was a government loan scheme that let students borrow money to pay for vocational education and training courses (similar to HECS for university, but for TAFEs and private colleges)\n- Providers had \"accounts\" with the government tracking how much loan money they could access or owed back\n- When a provider stops operating, the government sometimes needs to shuffle money between accounts to settle debts or reallocate unused funding\n\n**Who it affects:**\n- **Proteus Technologies Pty Ltd** — receives the credit (essentially a positive balance or adjustment in their government account)\n- **Phoenix Institute of Australia Pty Ltd** — the defunct provider whose closure triggered this adjustment\n- Past students of these providers (indirectly), as these adjustments relate to how their loans were administered\n\n**Why it matters:**\nThis determination is part of the messy aftermath of the **VET FEE-HELP scandal** — a period where dodgy private colleges rorted the system, leading to massive student debts for often worthless qualifications. The government had to clean up the financial wreckage, including moving money between providers as companies collapsed or had their approvals revoked. This specific document is one small piece of that administrative cleanup."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument applies an existing power under subclause 45D(6) to record a credit in a named VET FEE-HELP account on a specific date. The text does not expand or narrow the statutory scheme; it effects a single administrative allocation consistent with the statutory references quoted in the notice (subclause 45D(6); subclause 45D(1); subparagraph 45D(2)(e)(i))."},"complexity_factors":["Single, concrete administrative decision (one account, one amount, one effective date).","References to specific subclauses (45D(6), 45D(1), 45D(2)(e)(i)) that establish legal authority and timing.","Identification of parties by name and ABN requiring factual accuracy.","Delegated decision-making recorded (delegate signature and title)."],"plain_english_summary":"This instrument, made by a delegate under subclause 45D(6) of Schedule 1A to the Higher Education Support Act 2003, records that $481,950 is to be credited to the VET FEE-HELP account of Proteus Technologies Pty Ltd, effective 31 March 2016, on the basis that Phoenix Institute of Australia ceased to be a VET provider on that date. It effects a concentrated financial benefit to Proteus but does not identify the funding source or how the credited amount will be used."}},"importantCases":[],"_links":{"self":"/api/acts/vet-provider-credits-determination-no-2-of-2016","history":"/api/acts/vet-provider-credits-determination-no-2-of-2016/history","analysis":"/api/acts/vet-provider-credits-determination-no-2-of-2016/analysis","conflicts":"/api/acts/vet-provider-credits-determination-no-2-of-2016/conflicts","importantCases":"/api/acts/vet-provider-credits-determination-no-2-of-2016/important-cases","documents":"/api/acts/vet-provider-credits-determination-no-2-of-2016/documents"}}